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HomeMy WebLinkAbout07-12-2016 Agenda Packet Tuesday, July 12, 2016 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx PLEDGE OF ALLEGIANCE: Council Member Rivoire PRESENTATIONS 1. PRESENTATION BY CHIEF CANTRELL, REGARDING THE POLICE DEPARTMENT UPDATE PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to follow up on such items. CONSENT AGENDA A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit. San Luis Obispo City Council Agenda July 12, 2016 Page 2 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF APRIL 19 AND MAY 3, 2016 (PRICE / MAIER) Recommendation Approve the minutes of the City Council meetings of April 19 and May 3, 2016. 4. REQUEST FOR ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDE A DENSITY BONUS OF 48 PERCENT AND A REDUCTION IN SITE DEVELOPMENT STANDARDS FOR THE MAXIMUM BUILDING HEIGHT TO EXTEND UP TO 47.5 FEET WHERE 40 FEET IS PERMITTED FOR 774 CAUDILL STREET (CITY FILE NO. AFFH -3142- 2016) (CODRON / BELL) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the alternative incentives to provide for affordable housing that include a density bonus of 48 percent and a reduction in site development standards for the maximum building height to extend to 47.5 feet where 40 feet is normally permitted, with a categorical exemption form environmental review pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines as presented in the City Council agenda report and attachments dated July 12, 2016 (744 Caudill AFFH-3142-2016).” 5. CONSIDERATION OF 2016-17 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA) FUNDING RECOMMENDATIONS (CODRON / WISEMAN) Recommendation 1. As recommended by the Human Relations Commission, approve the 2016-17 Grants-in- Aid funding allocations in the amount of $138,500; and 2. Authorize the Community Development Director to execute agreements with each grant recipient. San Luis Obispo City Council Agenda July 12, 2016 Page 3 6. 2016-17 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND PROMOTIONAL COORDINATING COMMITTEE (PCC) (JOHNSON / CANO) Recommendation As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC): 1. Authorize the City Manager to enter into various contracts and program expenditures for the Tourism Business Improvement District (TBID) not to exceed the 2016-17 program budget of $1,434,000 based on the recommendations by the TBID Board; and 2. As recommended by the Tourism Business Improvement District (TBID) Board, approve the first two-year extension of the contract with Barnett Cox and Associates (BCA) and Matchfire (as successor in interest of Studio Good) for marketing services in the amount of $814,500; and 3. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2016-17 program budget of $403,609 based on the recommendations by the Promotional Coordinating Committee (PCC); and a. This includes the 2016-17 Grants-in-Aid (GIA) allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient. b. This includes the first one-year term renewal of the contract with FreshBuzz for promotional services in the amount of $30,000. 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund carryover and un-appropriated fund balance from the 2015-16 fiscal year for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board; and 5. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board. 7. 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION (CANTRELL / ELLSWORTH) Recommendation 1. Authorize staff to submit an application for a 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $13,873. 2. If the grant is awarded, authorize the City Manager to execute necessary grant documents and direct the appropriation of monies into the accounts required to administer the grant. San Luis Obispo City Council Agenda July 12, 2016 Page 4 8. LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT LANDSCAPE AND MITIGATION, SPECIFICATION NO. 91435 - COOPERATIVE AGREEMENT WITH CALTRANS (GRIGSBY / ROWLAND) Recommendation Approve a Cooperative Agreement with the State of California Department of Transportation (Caltrans) to allow for the construction and maintenance of the Los Osos Valley Road/US 101 Interchange Improvements Project - Landscape, Irrigation, Environmental Mitigation, and Erosion Control Design, Specification No. 91435. 9. JENNIFER STREET SEWER LINE REPLACEMENT, SPECIFICATION NO. 91185 (MATTINGLY/ METZ) Recommendation 1. Approve plans and specifications for the Jennifer Street Sewer Line Replacement, Specification No. 91185 and authorize staff to advertise for bids; and 2. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $802,000. 10. RAILROAD TRAIL MAINTENANCE 2016 (GRIGSBY / VAN BEVEREN) Recommendation 1. Approve plans and specifications for the Railroad Trail Maintenance project, Specification No. 91422; and 2. Authorize staff to formally advertise for bids; and 3. Authorize the City Manager to award the construction contract if the lowest bid is less than the Engineer’s Estimate of $90,000. 11. CALTRANS COOPERATIVE AGREEMENT: PRADO & HWY 101 (GRIGSBY / HUDSON) Recommendation 1. Approve a cooperative agreement with CalTrans for the processing of a Project Study Report (PSR) for improvements to the Prado Road/ US 101 interchange; and 2. Authorize the City Manager to execute the agreement pending deposit of sufficient funds from the San Luis Ranch to reimburse PSR activities and Caltrans review; and 3. Appropriate $25,000 from the Transportation Impact Fee Account (Fund 405) to fund City related work on the Project Study Report. San Luis Obispo City Council Agenda July 12, 2016 Page 5 12. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016 PROJECT, SPECIFICATION 91445 (GRIGSBY/ GUZMAN) Recommendation 1. Award a contract to Victor Concrete, Inc. in the amount of $204,800 for the CDBG Curb Ramps 2016 project, Specification No. 91445; and 2. Approve a transfer of $133,000 from the design phase of the Street Reconstruction and Resurfacing Master Account to the projects construction phase. 13. RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES FOR 2015-16 ON THE SECURED PROPERTY TAX ROLL FOR 2016-17 (JOHNSON / HERNANDEZ) Recommendation Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the San Luis Obispo County Auditor to collect fees for 2015-16 Fire and Life Safety Inspections of multi dwelling properties containing three or more dwelling units on the secured property tax roll for fiscal year 2016-17 pursuant to California Government Code Section 54988, et seq.” COUNCIL ADJOURNED TO CLOSED SESSION CLOSED SESSION PUBLIC COMMENT ON CLOSED SESSION ITEM 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, Garret Olson, 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 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees San Luis Obispo City Council Agenda July 12, 2016 Page 6 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code § 54956.9: No. of potential cases: One. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. These facts and circumstances that might result in litigation, but which the local agency believes are not yet known to a potential plaintiff or plaintiffs. (Government Code § 54956.9 (e)(1)) C. 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 CITY ATTORNEY REPORT ON CLOSED SESSION 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 Adjourn to a Special Meeting to be held on Thursday, July 14, 2016 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, for the purposes of conducting a closed session related to confidential personnel matters. The Regular City Council meeting is scheduled for July 19, 2016 at 6:00 p.m., in the Council Chamber, respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. San Luis Obispo City Council Agenda July 12, 2016 Page 7 LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection 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. Page intentionally left blank. Council Minutes - DRAFT Tuesday, April 19, 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, April 19, 2016 at 4:07 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh*, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. *Council Member Ashbaugh arrived at 4:07 p.m. Absent: None Staff: 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 1. CONSIDERATION OF A KEG REGISTRATION PROGRAM Neighborhood Outreach Manager Wallace provided the staff report and reviewed a survey regarding social gatherings and purchases of keg of beer. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0 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 City Manager Lichtig, Assistant City Manager and Principal Analyst provided an in-depth overview of the staff report and responded to Council questions. 3.a Packet Pg. 8 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 2 Public Comment: Don Hedrick, San Luis Obispo, spoke off topic. ---End of Public Comments--- ACTION: By consensus, the City Council received and filed a report outlining recommendations from the Government Finance Officers Association for the Finance and Information Technology Department and expressed support to for the implementation recommendations identified by the Government Finance Officers Association. 3. RECONSIDERATION OF COUNCIL DIRECTION TO STAFF REGARDING DEMOCRACY VOUCHER FUNDING FOR MUNICIPAL ELECTIONS City Attorney Dietrick provided a brief introduction of the item and clarified the matter was being reconsidered by the City Council pursuant to the Council Policies and Procedures. Public Comment: The following residents urged the City Council to move forward with adopting an ordinance establishing Democracy Voucher Funding for municipal elections in San Luis Obispo: Bill Ostrander (Citizens of Congress), San Luis Obispo residents Lanyce Mills, Andrea Devitt, Terri Main, Don Hedrick, Garland Miller and Mila Vujovich-La Barre. Michelle Tasseff, San Luis Obispo, spoke in opposition to an ordinance establishing Democracy Voucher Funding for municipal elections. ---End of Public Comments--- ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 3-2 (COUNCIL MEMBERS ASHBAUGH AND RIVOIRE OPPOSED NO) to direct staff not to take action regarding the citizen proposed Ordinance to create a system of Democracy Voucher. ADJOURN TO THE REGULAR MEETING OF APRIL 19, 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, April 19, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. 3.a Packet Pg. 9 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 3 Absent: None Staff: 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 John Ashbaugh led the Pledge of Allegiance. 4. ANNOUNCEMENT BY LEE PRICE, INTERIM CITY CLERK, REGARDING ASSISTANT CITY CLERK JOHN PAUL MAIER'S CERTIFIED MUNICIPAL CLERK (CMC) DESIGNATION Interim City Clerk Price presented a certificate to Assistant City Clerk Maier, declaring his Certified Municipal Clerk (CMC) designation. 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 Stephanie Stephens, representing California Park and Recreation Society (CPRS) presented an award of excellence to the City of San Luis Obispo, regarding #Pixonpeaks Campaign. 6. PROCLAMATION - LOVE SLO (MARX – 5 MINUTES) Mayor Marx presented 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 ON ITEMS NOT ON THE AGENDA Mila Vujovich-LaBarre, San Luis Obispo, expressed concerns regarding high usage of water for proposed developments in the City and announced that there will be a Community Water Forum on April 21, 2016 at the Ludwick Center. Terry Mohan, San Luis Obispo, presented photographs of 1179 San Carlos Drive and stated that there is a lack of code enforcement for the property. Carolyn Smith, San Luis Obispo, spoke about traffic congestion in the City and stressed the importance of notifying the public when there are traffic circulation improvements in the City. 3.a Packet Pg. 10 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 4 Nancy Welts, League of Women Voters of San Luis Obispo County, submitted a flyer entitled “Safe in SLO: Strategies for a Changing World” and announced that the forum will be held on April 20, 2016 at the County Board of Supervisors Chambers. Theresa Schultz, (San Luis Obispo County Employees’ Association), Arroyo Grande, urged that the City evaluate pedestrian safety at the cross walk of Santa Rosa and Monterey Street and stated that there was a recent accident that involved a County employee at that cross walk. Michelle Tasseff, San Luis Obispo, expressed gratitude to the participants of Love SLO and spoke about the Central Coast Collaborative on Homelessness (C3H) program in Santa Barbara County. Wendell Hopkins, San Luis Obispo, displayed a diagram of Exposition Drive and South Street near a construction site for an apartment complex and requested that Council direct staff to consider adding additional signage on South Street for safety measures during the construction period. Allan Cooper, San Luis Obispo, announced that the 14th Annual San Luis Obispo Walk a Mile in Her Shoes event will be held on April 30, 2016 in Mission Plaza from 10:00 a.m. to 1:00 p.m., and urged the City Council to address concerns in the community regarding violent crimes and sexual assaults. Carol Nulton, San Luis Obispo, expressed concerns with the increased traffic on Marsh Street near the United Voluntary Services Thrift Store and the Manse on Marsh an assisted living facility and urged the City Council to consider installing a lighted crosswalk system. Andrea Whiteford, San Luis Obispo, submitted correspondence to the City Council related to traffic safety concerns and stated that there has been increase in traffic accidents at the Santa Rosa and Monterey Street intersection. Gloria Becerra, Arroyo Grande, spoke about her accident at the Santa Rosa and Monterey Street pedestrian crossing and urged the City Council to consider safety changes such as lighted crosswalk systems. Dia Hurd, San Luis Obispo, spoke about her attendance at the Compatibility Workshop on March 24, 2016 regarding compatibility solutions and recommended that the program needs adequate time for public input. Jim Mallon, San Luis Obispo, reiterated comments regarding safety concerns at the Santa Rosa and Monterey Street intersection. David Brodie, San Luis Obispo, expressed concerns with items that are brought before commissions and specifically to the purview of proposed projects. Bob Lucas, San Luis Obispo, spoke about the upcoming Water Community Forum and asked City staff to review and respond to his questions at the forum. 3.a Packet Pg. 11 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 5 Cheryl McLean, San Luis Obispo, expressed concerns related to the spending of Measure Y and G funds for capital improvement projects and urged Council to consider future developments carefully due to the community’s concerns on traffic at the Santa Rosa and Monterey Street intersection. Caileigh Hostetter, San Luis Obispo, expressed support to the Zero Net Energy 2020 Plan for residential areas to acquire alternative energy and efficient sources of energy such as solar panels. Don Hedrick, San Luis Obispo, expressed concerns regarding reduced budgets for recycling centers and the closure of these facilities. Matt Baer, Cal Poly Student Government, spoke about the annual “Serve SLO Day” which allows the community and students to come together to conduct trash clean up on Foothill and Hathway Streets and stated that the event will be held on April 30, 2016 at Cal Poly from 10:00 a.m. to 12:30 p.m. City Manager Lichtig addressed and clarified communications provided by the public’s comments and concerns. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0 to approve the consent Calendar Items 7 thru 11. 7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 8. MINUTES OF FEBRUARY 16, MARCH 1 AND MARCH 3, 2016 CARRIED 5-0 to approve the Minutes as amended, of the City Council meetings of February 16 as amended, March 1 and March 3, 2016. 9. PARKS MAINTENANCE DUMP TRUCK REPLACEMENT, SPECIFICATION NO. 91408 CARRIED 5-0 to: 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.a Packet Pg. 12 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 6 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. 10. FLEET REPLACEMENT ACCELERATION CARRIED 5-0 to: 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 No. 10705 (Series 2016), 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 By consensus, the City Council directed staff to identify the capability of accessing information from the database by way of searching by address. 3.a Packet Pg. 13 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 7 CARRIED 5-0 to 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. 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 Community Development Director Codron and Planning Technician Wiseman provided a detailed staff report. Staff responded to Council questions. Public Comments: The following residents spoke in support of Item 12: Scott Smith (Housing Authority of San Luis Obispo) and Steve Delmartini, San Luis Obispo. ---End of Public Comments--- The City Council conducted 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. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10706 (Series 2016), 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 Community Development Director Codron and Planning Technician Wiseman provided a detailed staff report. Staff responded to Council questions. Public Comments: Scott Smith, Housing Authority of San Luis Obispo spoke in favor of Item 13. Donald Hedrick, San Luis Obispo, expressed concerns related to parking for this project. 3.a Packet Pg. 14 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 8 ---End of Public Comment--- Community Development Director Codron addressed the comment provided by the public regarding parking. The City Council conducted 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. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0 to adopt Resolution No. 10707 (Series 2016), 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.” 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) Community Development Director Codron and Planner Cohen provided a detailed staff report. Staff responded to Council questions. Public Comments: The following San Luis Obispo residents expressed concerns related to sound amplification, times of concerts and events: Bonnie McKim, Nancy Weltz, Carolyn Smith, Tom Kykol, Olivia Larson, Mila Vujovich-LaBarre, Kim Warmley, and Mike Clark. The following San Luis Obispo residents expressed support to the proposed project: Michelle Tasseff, Linda Healy, Josh Christensen (Side Car) Brian Kerr, Lisa McCann, Donald Hedrick, and Chuck Braff. ---End of Public Comments--- Applicant Hamish Marshall (Co-Owner of SLO Brew) and Steve Pults (Auzco Development) provided a brief presentation and spoke on the merits of the proposed project. Council questions followed. 3.a Packet Pg. 15 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 9 ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 1. Introduce Ordinance No. 1629 (2016 Series) 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 Resolution No. 10708 (Series 2016), 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)” as amended with the following revisions to Section 3. Action Use Permit: 2. Hours of operation for the proposed use shall not be outside the hours from 6:007:30 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. 6. The combination of amplified music, voice and crowd noise on the subject site from the indoor event venue 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. Building plans submitted for the indoor night club venue use shall include measures to reduce sound, including, but not limited to, insulated walls, acoustic panels on the ceiling and wall and specialized acoustic curtains. 8. All concerts shall be held in the indoor night club venue. The doors of the facility shall be closed during all events. 9. Ambient music outdoors shall be prohibited after 9:00 p.m. 23. 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. 3.a Packet Pg. 16 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 10 26. 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 pmbefore the hours of 7:30 p.m. 32. No approval for modifications, decorations, or active use of the rock in expressly granted or applied through the approval of the use permit. Mitigation Measure T-1: Night club use permit events shall not be permitted on Fridays between the hours of 4:00 pm and 6:00before the hours of 7:30 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 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. 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 Vice Mayor Carpenter stated that during a previous closed session meeting, he recused himself due to an incident between one of his family members and a law enforcement agency. The incident has been resolved and he will move forward making a decision for this item. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to adopt a Resolution No. 10709 (2016 Series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting and ratifying the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Officers’ Association for the period of January 1, 2016 through June 30, 2018.” COUNCIL COMMUNICATIONS None. 3.a Packet Pg. 17 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of April 19, 2016 – DRAFT Page 11 LIAISON REPORTS Mayor Marx reported her meetings in Washington D.C. from April 13-15, 2016 to meet with Senators and members of the House of Representatives in support of the Central Coast Wilderness Heritage Act at no cost to the City of San Luis Obispo. ADJOURNMENT The meeting was adjourned at 10:36 p.m. The next Regular City Council Meeting is 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. __________________________ Lee Price, MMC Interim City Clerk APPROVED BY COUNCIL: XX/XX/2016 3.a Packet Pg. 18 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) Council Minutes - DRAFT Tuesday, May 3, 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, May 3, 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 Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: 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. PUBLIC COMMENT ON CLOSED SESSION ITEM City Attorney Dietrick called for public comment. There was no one present to speak on Closed Session items. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Property 1: APNs 052-271-007; 070-241-013; 070-271-013; 073-321-008; 073-341-003; 073-341-028 Property 2: APNs 070-241-006; 070-241-027; 073-321-007 Property 3: APN 076-051-011 Negotiating Parties: City of San Luis Obispo: Katie Lichtig, Derek Johnson, J. Christine Dietrick, Shelly Stanwyck, Robert Hill, Jon Ansolabehere 3.a Packet Pg. 19 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 2 Miossi Brothers La Cuesta Ranch, Inc. (Property 1): Gabriel Miossi, Kathy Henderson, ` Sam Garkovich, Dell Hemingway Ahearn Family Revocable Trust (Property 2): Sandra Ahearn, Trustee The Trust for Public Land (Property 3): Becky Bremser, Tily Shue Under negotiation: Price and terms of payment ADJOURN TO THE REGULAR MEETING OF MAY 3, 2016 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, May, 3, 2016 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Marx. ROLL CALL Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx. Absent: None Staff: 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 Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick reported that direction was provided to staff on price and terms to pursue acquisition of three open space properties, as noted on the agenda. No further reportable action was taken. 3.a Packet Pg. 20 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 3 INTRODUCTIONS 1. CARLOS RUELAS - PUBLIC WORKS STREETS MAINTENANCE SUPERVISOR AND ALEXANDER FUCHS - PARKING SERVICES SUPERVISOR Director Grigsby introduced Carlos Ruelas as the new Streets Maintenance Supervisor and Alexander Fuchs as the new Parking Services Supervisor. PRESENTATIONS 2. PRESENTATION BY TOURISM MANAGER CANO, PRESENTING THE VISIT CALIFORNIA POPPY AWARD FOR BEST OVERALL MARKETING PROGRAM TO THE CITY OF SAN LUIS OBISPO AND BARNETT COX & ASSOCIATES (BCA)+STUDIO GOOD FOR THE 2014-2015 TOURISM MARKETING CAMPAIGN Assistant City Manager/Interim Finance & Information Technology Director Johnson and Tourism Manager Cano provided a presentation regarding the Visit California Poppy award for Best Overall Marketing Program to the City of San Luis Obispo and Barnett Cox & Associates (BAC)+Studio Good for the 2014-2015 Tourism Marketing Campaign. Maggie Cox, Barnett Cox & Associates, expressed gratitude to the City and thanked the Tourism Business Improvement District Board for their work and dedication to the City. 3. PROCLAMATION - NATIONAL TOURISM WEEK Mayor Marx presented a Proclamation to Tourism Manager Cano, representing the City of San Luis Obispo, declaring May 1-7, 2016 as "National Tourism Week." 4. PRESENTATION BY SCOTT SMITH, EXECUTIVE DIRECTOR FOR HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO), REGARDING THE HASLO UPDATE Scott Smith, Executive Director for Housing Authority of San Luis Obispo (HASLO), provided a presentation regarding the HASLO Update. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Walter Heath, Morro Bay, spoke on Item 13, stated that he is a volunteer for the Morro Bay in Bloom Program, board member of the National America in Bloom, and gave a brief summary of the American in Bloom program. Wendy Lucas, San Luis Obispo, voiced concerns regarding the Firestone project and stated that she believes the project is under construction without Council approval. 3.a Packet Pg. 21 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 4 David Brodie, San Luis Obispo, spoke about the unemployment rate in the City and urged staff to look into a San Luis Obispo Peace Core program to help increase public involvement in the City. Mila Vujovich-LaBarre, San Luis Obispo, announced that there will be a neighborhood community forum regarding the software application called “Nextdoor” on May 18, 2016 at Bishops Peak School at 6:00 p.m. Donald Hedrick, San Luis Obispo, spoke about a new development near Sacramento Drive. Dia Hurd, San Luis Obispo, thanked the City for conducting traffic counts near the Orcutt area and spoke about the City’s water resources. Linda White, San Luis Obispo, read a letter from her neighbor regarding his frustration about the City. In response to public comment, Community Development Director Codron provided an update on the Santa Rosa Infill project. Public Works Deputy Director Bochum gave a brief update on the traffic counts on Orcutt Road. CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to approve the consent Calendar Items 5 thru 9. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0 to waive reading of all resolutions and ordinances as appropriate. 6. AFFORDABLE HOUSING FUND GRANT REQUEST OF $35,000 FOR HABITAT FOR HUMANITY OF SAN LUIS OBISPO COUNTY TO REHABILITATE 214 HIGHLAND DRIVE CARRIED 5-0 to: 1. Adopt a Resolution No. 10710 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving an Affordable Housing Fund award for Habitat for Humanity of San Luis Obispo County.” 2. Approve modification to allow a reduced affordability term of fifteen (15) years. 7. NOTICE OF SETTLEMENT AGREEMENT; UNITED STATES ET AL. EX REL. PEREZ V. STERICYCLE, INC. ET AL.; CIVIL ACTION NO. 1:08-CV-2390; UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF ILLINOIS CARRIED 5-0 to approve and authorize the City Finance/IT Director to accept and deposit 3.a Packet Pg. 22 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 5 the settlement checks thereby consenting to the provisions of the settlement agreement between Relator Jennifer Perez and defendant Stericycle, Inc. 8. APPOINTMENT PROCESS FOR THE CITIZENS’ REVENUE OVERSIGHT COMMISSION CARRIED 5-0 to: 1. Revise the appointment process for the Citizens’ Revenue Oversight Commission (REOC) consistent with all other Advisory Bodies; and 2. Affirm the appointments of Council Members Ashbaugh and Christianson as the Council Liaison Subcommittee designated for the REOC. 9. LOSSAN AGREEMENT WITH SLO TRANSIT CARRIED 5-0 to approve an agreement with LOSSAN for a one-year pilot project to honor Pacific Surfliner passes on SLO Transit; which is to be reimbursed at regular fare rate for each ride. BUSINESS ITEMS 10. COUNTY WIDE TRANSPORTATION INVESTMENT PLAN Public Works Director Grigsby, Transportation Manager Hudson, San Luis Obispo Council of Governments Executive Director Ronald De Carli, and Regional Government Services Consultant Kendal Flint provided a detailed staff report. Staff responded to Council questions. Public Comment: The following San Luis Obispo residents spoke in favor of adding a ½ cent Sales Tax measure on the November 8, 2016 Election for transportation related purposes: Leah Brooks (Bike SLO County), Myron Amerine, Charlene Rosales (Chamber of Commerce), and Jorge Aguilar (Wallace Group). Leslie Halls, San Luis Obispo Central Coast Tax Payers Association, spoke in opposition to the tax measure. ---End of Public Comments--- Council discussion followed. Vice Mayor Carpenter spoke in opposition of the tax measure. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER OPPOSED NO) to: 3.a Packet Pg. 23 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 6 1. Receive and comment on a report and presentation by San Luis Obispo Council of Governments’ Staff regarding a County Wide Transportation Investment Plan; and 2. Conceptually approve the draft Transportation Investment Plan proposal and safeguards as approved by the San Luis Obispo Council of Governments (SLOCOG) Board on April 6, 2016. PUBLIC HEARINGS 11. 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 ENTERTAINMENT) WITHIN THE BUSINESS PARK ZONE AND APPROVING A USE PERMIT TO ALLOW A NIGHT CLUB (LIVE ENTERTAINMENT) AND OFF-SITE PARKING AT 855 AEROVISTA PLACE (SLO BREW) Council Members announced the following Ex Parte Communications regarding the project: Mayor Marx and Vice Mayor Carpenter had a teleconference with the Applicant. Community Development Director Codron and Associate Planner Cohen provided a detailed staff report. Staff responded to Council questions. Applicant Hamish Marshal (Co-Owner of SLO Brew), addressed noise, traffic, and parking issues related to the SLO Brew night club. Public Comments: The following San Luis Obispo residents expressed objections to the proposed project, citing concerns regarding odor, trash, parking, traffic, noise, live entertainment, crime, intoxication, and occupancy limit: John Ferguson, Jerry Larson, Mila Vujovich-LaBarre, Donald Hedrick, Bonnie Achugube, Sandra Rowley (Residents for Quality Neighborhoods), and Frank Kalman. The following San Luis Obispo residents spoke in favor of the proposed project: Ryan Allshouse, Michelle Tasseff, Charlie Umansky, and Bryan Kerr. ---End of Public Comments--- In response to public comment, Associate Planner Cohen clarified that the conditions of approval included a use permit and explained that the project could be reviewed by the Planning Commission if numerous complaints were made by neighbors. She added that there was no time limitation for the use permit as proposed and explained the maximum 3.a Packet Pg. 24 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 7 number of occupancy for the patio was 75. Applicant Hamish Marshal, (Co-Owner of SLO Brew), outlined the number of events that could occur in one day at the location site. David Lord, (45cB.com), summarized the noise analysis prepared for the proposed project. Lengthy Council discussion followed. Council Member Ashbaugh argued that the proposed project should require a General Plan amendment along with a rezoning amendment. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 4-1 (COUNCIL MEMBER ASHBAUGH OPPOSED NO) to: 1. Introduce an Ordinance No. 1629 (Series 2016) 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)”; and 2. Adopt a Resolution No. 10711 (2016 Series) 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 land 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 May 3, 2016 (CODE-1316-2015).” 12. REVIEW OF AN APPEAL (FILED BY NAOMI HOFFMAN) OF THE ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A NEW SINGLE FAMILY RESIDENCE IN THE R-1-S ZONE THAT INCLUDES EXCEPTIONS TO THE FRONT YARD BUILDING SETBACK AND HEIGHT (40 BUENA VISTA AVENUE) Council Members announced the following Ex Parte Communications regarding the project: Vice Mayor Carpenter met with the applicant, Mayor Marx and Council Member Ashbaugh met with the applicant and neighborhood resident Pat Dellario, and Council Member Rivoire met with neighborhood resident Pat Dellario. Community Development Director Codron and Assistant Planner Bell provided a detailed staff report and responded to Council questions. Appellant Naomi Hoffman, San Luis Obispo, provided background information and urged the Council to uphold the appeal for the proposed project. Co-Applicant Angela Schmiede, San Luis Obispo, provided additional information and spoke on the merits of the proposed project. 3.a Packet Pg. 25 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 8 Public Comments: Linda White, San Luis Obispo, discussed an email that was sent to her from a resident regarding information that would help clear up misconceptions of the proposed project. The following San Luis Obispo residents spoke in favor of upholding the appeal for concerns regarding the special considerations overlay zone, lot size, height exceptions, parking, safety, visibility and rooftop deck: David Brodie, Isabel Marques, Nels Silverson, Shirley Ready, Elizabeth Abrahams, James Lopes, Carolyn Smith, Cheryl McLean, Pat Dellario, Camille Small, Sandra Rowley (Residents for Quality Neighborhoods), Mila Vujovich-LaBarre, and Mike Clark. The following San Luis Obispo residents spoke in favor of denying the appeal: Michelle Tasseff, T. Keith Gurnee, Patty Andreen (Architectural Review Commission Member), and Todd Smith (Cannon) Brett Strickland, San Luis Obispo, voiced concerns regarding the conduct of this agenda item. Steve Delmartini, San Luis Obispo, asked for clarification regarding the items being discussed for this agenda item. ---End of Public Comments--- In response to public comment, City Attorney Dietrick explained that the scope of review for this hearing item was de novo, noting that the City Council’s action is not constrained to the review or action of the Architectural Review Commission. Individual Council comments followed. ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt a Resolution No. 10712 (2016 Series) as recommended by the Architectural Review Commission, entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying the appeal of the design of a new single family residence in the R-1-S (Special Considerations Overlay) Zone that includes front yard setback and height exceptions, with a categorical exemption from environmental review, as represented in the City Council agenda report and attachments dated May 3, 2016 (40 Buena Vista Avenue SDU-1521-2015).” Mayor Marx called for a recess at 10:57 p.m. Mayor Marx called the meeting back to order at 11:03 p.m. 3.a Packet Pg. 26 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 9 BUSINESS ITEMS 13. AMERICA IN BLOOM Interim City Clerk Price provided the staff report and responded to Council questions. Public Comments: Mila Vujovich-LaBarre, San Luis Obispo, spoke in support of the America In Bloom program. Donald Hedrick, San Luis Obispo, spoke off topic. Dominic Tartaglia, Downtown Association, stated that the Downtown Association endorses the program but could not take the lead in the effort due to workload. ---End of Public Comment--- Mayor Marx spoke in favor of joining American-In-Bloom. Council Member Christianson suggested postponing joining until local volunteers are found to champion the program. ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX, CARRIED 3-2 (VICE MAYOR CARPENTER AND COUNCIL MEMBER CHRISTIANSON VOTED NO) to support participation, seek out volunteers to champion the program and direct staff to register one delegate to attend the America in Bloom National Awards Program symposium. 14. APPOINTED OFFICIALS’ COMPENSATION Human Resources Director Irons provided the staff report and responded to Council questions. Public Comments: Donald Hedrick, San Luis Obispo, suggested that staff should receive an incentive to stay employed. Brett Strickland, San Luis Obispo, objected to increasing the compensation for the City Manager and City Attorney. --End of Public Comments-- Council discussion followed. Vice Mayor Carpenter announced that he would be voting no due to the timing of the recommendation (City is currently involved in labor negotiations). 3.a Packet Pg. 27 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) San Luis Obispo City Council Minutes of May 3, 2016 – DRAFT Page 10 ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 4-1 (VICE MAYOR CARPENTER VOTED NO) to adopt a Resolution No. 10713 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, providing a lump-sum retention incentive to the City Manager and City Attorney.” LIAISON REPORTS Council Liaison written reports were received from Council Member Christianson and Mayor Marx. COUNCIL COMMUNICATIONS None. ADJOURNMENT The meeting was adjourned at 11:39 p.m. The next Regular City Council Meeting is scheduled for Tuesday, May, 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 3.a Packet Pg. 28 Attachment: a - Minutes of April 19 and May 3, 2016 (1418 : Minutes of April 19 and May 3, 2016) Page intentionally left blank. Meeting Date: 7/12/2016 FROM: Michael Codron, Community Development Director Prepared By: Kyle Bell, Assistant Planner SUBJECT: REQUEST FOR ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDE A DENSITY BONUS OF 48 PERCENT AND A REDUCTION IN SITE DEVELOPMENT STANDARDS FOR THE MAXIMUM BUILDING HEIGHT TO EXTEND UP TO 47.5 FEET WHERE 40 FEET IS PERMITTED FOR 774 CAUDILL STREET (CITY FILE NO. AFFH-3142-2016). RECOMMENDATION Adopt a Resolution (Attachment A) approving the alternative incentives to provide for affordable housing that includes a density bonus of 48 percent and a reduction in site development standards for the maximum building height to extend 47.5 feet where 40 feet is normally permitted. SITE DATA Applicant Caudill Street Partners Submittal Date May 2, 2016 Complete Date May 11, 2016 Zoning C-R-SF & C-S-SF General Plan General Retail, Services & Manufacturing within a Special Focus Area Site Area 0.514 acres (22,391 s.f.) Environmental Status Categorically Exempt from environmental review under Section 15332 (In- Fill Development Projects) of the CEQA Guidelines. 4 Packet Pg. 29 DISCUSSION The applicant, Caudill Street Partners, is requesting to construct a new four story mixed-use building with commercial/retail at the ground level (4,355 sq. ft.), 36 residential units (five dedicated for “very low” income) on the upper levels, and parking located at basement and ground level. The project is located within the South Broad Street Area Plan. The applicant is requesting two alternative incentives to provide for affordable housing. The first is a density bonus of 48 percent, which is in excess of that provided in the Zoning Regulations Section 17.90.040. The second request is a reduction in site development standards to allow a building height of 47.5 feet where 40 is normally permitted. Zoning Regulations Chapter 17.90 Affordable Housing Incentives states that when an applicant is requesting an alternative incentive for affordable housing the incentives shall be reviewed by the City Council. In order to deny the requests, State law (Government Code Section 65915) requires specific findings based on substantial evidence of any of the following:  The incentive is not required in order to provide for affordable housing costs;  The incentive would have specific adverse impact upon health, safety, or the physical environment on any real property that is listed in the California Register of Historical Resources;  The incentive would be contrary to state of federal law. ARCHITECTURAL REVIEW COMMISSION ACTION On June 20, 2016, the Architectural Review Commission (ARC) held a hearing to review the design of the proposed project which evaluated the mass and scale of the proposed building as it relates to the neighborhood and the South Broad Street Area Plan (SOBRO). The ARC voted unanimously to approve the project based on the finding that the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity. The development is designed in a manner that does not deprive reasonable solar access to adjacent properties by positioning the majority of the building mass along the street frontage that incorporates vertical and horizontal wall plan offsets that provide high-quality and aesthetically pleasing architectural design (Attachment B, ARC Staff Report & Resolution). PROJECT ANALYSIS The City of San Luis Obispo has recognized housing as an important issue within the City. The City’s 2015-17 Financial Plan identifies affordable housing as a Major City Goal. The City’s Housing Element includes numerous policies and programs that support incentives, such as density bonuses, to provide housing for low, very low and extremely low income households. Affordable Housing Alternative Incentives Zoning Regulations Chapter 17.90.060(B) states that two incentives or concessions shall be granted for housing developments that include at least 10 percent of units for very-low income households. The proposed project provides 13.8 percent of the total units to be dedicated to very- 4 Packet Pg. 30 low income households. Per State law, projects that provide affordable housing are allowed up to 35 percent density bonus based on the number of deed restricted affordable units provided in the project. Chapter 17.90 of the Zoning Regulations (Affordable Housing Incentives) outlines various incentives for affordable housing projects that developers can request. Some of the alternative incentive examples called out in the chapter includes granting of a density bonus in excess of State allowances, and allowing a reduction in site development standards. Alternative Incentive Request #1: Density Bonus The site, zoned C-R-SF & C-S-SF, has an allowable density of 18.5 units based on the site’s net acreage (36 units per acre). The applicant is requesting a density bonus that would increase the total number of density units to 27.33 (53.28 units per acre), resulting in a 48 percent density bonus. To receive a 48 percent density bonus, the applicant must provide 17 percent of base units restricted to very-low income households, as outlined in Zoning Regulation Chapter 17.90.040(E), which equals 4 very-low income units (rounded up from 3 pursuant to 17.90.40(B)). The applicant has proposed 5 studio units to be dedicated to very-low income units to meet this requirement. Staff will work with the applicant to determine the appropriate mix of unit types to be restricted as very-low income housing to comply with City Housing Element policy. Alternative Incentive Request #2: Reduction to Site Development Standards The applicant is requesting an alternative incentive to reduce site development standards to allow for a building height of 47.5 feet where 40 feet is normally allowed within the C-R-SF & C-S-SF zones. The proposed building height of 47.5 feet is appropriate for this site and location because the height, mass, and scale of the project will not negatively alter the overall character of the neighborhood. SOBRO Form-Based Code requires that mixed-use buildings have a minimum height allowance of 25 feet, and requires that at least 80% of the building façade be constructed along the property build-to lines. The project is consistent with the SOBRO and Community Design Guidelines because the development is designed in a manner that does not deprive reasonable solar access to adjacent properties; by positioning the majority of the building mass along the street frontage that incorporates vertical and horizontal wall plan offsets that provide high-quality and aesthetically pleasing architectural design. General Plan Policies and Programs: The 2015 Housing Element (HE) provides policies and programs that speak specifically to supporting affordable housing projects and increasing density bonuses above state allowances where appropriate. Housing Element Program 2.17: Continue to consider increasing residential densities above state density bonus allowances for projects that provide housing for low, very low and extremely low income households. Housing Element Program 6.10: To help meet the Quantified Objectives, the City will support residential infill development and promote higher residential density where appropriate. Housing Element Program 6.19: Continue to incentivize affordable housing development with density bonuses, parking reductions and other development incentives, including City financial assistance. 4 Packet Pg. 31 Granting a density bonus in excess of State allowances, and allowing a reduction in site development standards for building height are consistent with the 2015 Housing Element programs and policies to provide additional housing for very-low income households. ENVIRONMENTAL REVIEW The project is categorically exempt under Class 32, In -Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation, is consistent with Government Code section 65915(f)(5) which states that granting a density bonus does not require zoning change or other discretionary approval, and is consistent with the applicable zoning designation. The project site occurs on a property of no more than five acres, substantially surrounded by urban uses, that has no value as habitat for endangered, rare, or threatened species as the site is located on an existing developed property. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which found that overall the General Plan was fiscally balanced. Accordingly, since the proposed density bonus request is consistent with the General Plan, it has a neutral fiscal impact. ALTERNATIVES 1. Deny the request for a 48 percent density bonus and reduction to site development standards, based on findings that the request is inconsistent with alternative or additional incentive regulations within the municipal code. This is not recommended because State law (Government Code Section 65915) requires specific findings to deny the density bonus and reduction of related property development standards. 2. Continue the project and provide direction to the applicant and staff on pertinent issues. Attachments: a a - Draft Resolution b b - ARC Staff Report & Resolution c c - Project Statement d d - Reduced Project Plans 4 Packet Pg. 32 RESOLUTION NO. _______ (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE ALTERNATIVE INCENTIVES TO PROVIDE FOR AFFORDABLE HOUSING THAT INCLUDE A DENSITY BONUS OF 48 PERCENT AND A REDUCTION IN SITE DEVELOPMENT STANDARDS FOR THE MAXIMUM BUILDING HEIGHT TO EXTEND TO 47.5 FEET WHERE 40 FEET IS NORMALLY PERMITTED, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AS REPRESENTED IN THE CITY COUNCIL AGENDA REPORT AND ATTACHMENTS DATED JULY 12, 2016 (774 CAUDILL AFFH-3142-2016) WHEREAS, the applicant, on May 2, 2016, submitted an application to request alternative incentives for affordable housing that include a forty-eight (48) percent density bonus and a reduction in site development standards for the maximum building height to extend t o 47.5 feet where 40 feet are normally permitted, for a project located at 774 Caudill Street; and WHEREAS, on June 12, 2016, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, for the purpose of reviewing the design of a new four story mixed-use project (ARCH-2628-2016), Caudill Street Partners, applicant; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, on July 12, 2016, pursuant to a proceeding instituted under AFFH-3142-2016, Caudill Street Partners, applicant; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing, and WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The project will not be detrimental to the health, safety, or welfare of those working or residing in the vicinity since the proposed project is consistent with the site’s zoning 4.a Packet Pg. 33 Attachment: a - Draft Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) Resolution No. _______________ (2016 Series) Page 2 R ______ designation, and will be subject to conformance with all applicable building, fire, and safety codes. 2. The proposed project will provide quality affordable housing consistent with the intent of Chapter 17.90 of the Municipal Code, and the requested density bonus and reduction to site development standards is necessary to facilitate the production of affordable housing units. 3. The requests for a density bonus and reduction to site development standards for maximum building height are consistent with the intent of Housing Element programs 2.17, 6.10, and 6.19, and the alternative affordable housing incentives outlined in Section 17.90.060 of the City’s Zoning Regulations. 4. The proposed height, mass and scale of the project will not negatively alter the overall character of the neighborhood or the streets appearance because the South Broad Street Area Plan requires that mixed-use buildings provide residential units in the upper levels of a structure with a minimum height allowance of 25 feet and at least 80% of the building façade to be constructed along the property build-to lines. The project is consistent with the South Broad Street Area Plan and Community Design Guidelines because the development is designed in a manner that does not deprive reasonable solar access to adjacent properties; by positioning the majority of the building mass along the street frontage that incorporates vertical and horizontal wall plan offsets that provide high-quality and aesthetically pleasing architectural design. Section 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation, is consistent with the applicable zoning designation, is consistent with Government Code section 65915(f)(5) which states that granting a density bonus does not require zoning change or other discretionary approval, would not have a specific adverse impact upon public health and safety or the physical environment because the project is designed in a manner that does not deprive reasonable solar access to adjacent properties and is subject to conformance with all applicable building, fire, and safety codes, and the property is not listed in the California Register of Historic Resources . The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing developed property. Section 3. Action. The City Council does hereby grands final approval of the alternative incentives to provide for affordable housing that include a density bonus of 48 percent and a reduction in the site development standards for the maximum building height to extend 47.5 feet where 40 feet is normally permitted (AFFH-3142-2016), subject to the following conditions: Planning Department 4.a Packet Pg. 34 Attachment: a - Draft Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) Resolution No. _______________ (2016 Series) Page 3 R ______ 1. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the ARC and the City Council. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2 (ARCH-2628-2016 & AFFH-3142- 2016). Reference should be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. Prior to the issuance of construction permits, the city and the project owners shall enter into an Affordable Housing Agreement, to be recorded in the office of the county recorder. The agreement shall specify mechanisms or procedures to assure the continued affordability and availability of a minimum of 4 dwelling units to very-low income households, to the satisfaction of the Community Development Director. The agreement shall also set forth those items required by Section 17.90.030(B) or any alternative incentives granted pursuant to Section 17.90.060. The agreement shall run with the land and shall be binding upon all heirs, successors or assigns of the project or property owner, and shall ensure affordability for a period of not less than forty-five years, or as otherwise required by state law. 3. The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City's approval of this project. In the event that the City fails to promptly notify the Owner / Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 12th day of July 2016. ____________________________________ Mayor Jan Marx 4.a Packet Pg. 35 Attachment: a - Draft Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) Resolution No. _______________ (2016 Series) Page 4 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 4.a Packet Pg. 36 Attachment: a - Draft Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT SUBJECT: Review of a new four story mixed-use project including ground floor commercial/retail space, and 36 residential units. The project is requesting to construct a 47.5 foot tall structure where 40 feet is normally allowed and qualifies for a 20% parking reduction and tandem parking, with a categorical exemption from environmental review. PROJECT ADDRESS: 774 Caudill Street BY: Kyle Bell, Assistant Planner Phone Number: (805) 781-7524 e-mail: kbell@slocity.org FILE NUMBER: ARCH-2628-2016 FROM: Tyler Corey, Principal Planner RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) which approves the project with a 20% parking reduction and tandem parking, based on findings, and subject to conditions. SITE DATA Applicant Caudill Street Partners Submittal Date May 2, 2016 Complete Date May 11, 2016 Zoning C-R-SF & C-S-SF General Plan General Retail, Services & Manufacturing within a Special Focus Area Site Area 0.514 acres (22,391 s.f.) Environmental Status Categorically Exempt from environmental review under Section 15332 (In-Fill Development Projects) of the CEQA Guidelines. SUMMARY The applicant, Caudill Street Partners, is proposing to construct a new four story mixed-use building with commercial/retail at the ground level (4,355 sq. ft.), and 36 residential units (five dedicated for “very low” income) on the upper levels, with parking located at basement and ground level, within the South Broad Street Area Plan. The project has been designed to be consistent with the Community Design Guidelines (CDG) and the South Broad Street Area Plan (SOBRO). The applicant is requesting a height variation 7.5 feet above what is normally allowed in the C-S-SF zone and a density bonus of 48% through the Affordable Housing Incentive Program to be reviewed by the City Council under a separate application (AFFH 3142-2016). The project also qualifies for a mixed-use parking reduction of 20% to reduce the required parking from 73 spaces to 58 parking spaces. Meeting Date: June 20, 2016 Item Number: 2 4.b Packet Pg. 37 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCH-2628-2016 774 Caudill Street Page 2 1.0 COMMISSION’S PURVIEW The ARC’s role is to review the project in terms of its consistency with the South Broad Street Area Plan, Community Design Guidelines and applicable City policies and standards. As noted above, the proposed building height of 47.5 feet and 48% density bonus will be reviewed by the City Council at a subsequent hearing under a separate application (AFFH 3142-2016). 2.0 PROJECT INFORMATION 2.1 Site Information/Setting: Site Size 22,391 sq. ft. (0.514 acres) Present Use & Development Two single family residences and a small commercial structure Land Use Designation General & Commercial Services (C-R-SF & C-S-SF) within a Special Focus Area (South Broad Street Area Plan) Topography Elevation: Min. 221 feet; Max. 226 ft. Slope: 3% slope Access From Victoria Avenue & Caudill Street Surrounding Use/Zoning North: C-R-SF & C-S-SF (Commercial, Auto Services & Residential) East: C-R-SF (Retail & Residential) South: C-R-SF & C-S-SF (Manufacturing & Residential) West: C-S-SF (Real Estate Offices) 2.2 Project Description: A summary of the significant project features are included below (Attachment 3, Project Description): 1. Redevelopment: New four story mixed use building (47,099 sq. ft.), with basement and at grade parking with 73 parking spaces. • 36 residential units, with a 48% Density Bonus (AFFH 3142-2016) • Three commercial/retail tenant spaces totaling in 4,355 square feet • 47.5 foot maximum height (AFFH 3142-2016) • Roof-top common area & green roof • 20% mixed-use parking reduction with tandem parking for one parking space 2. Design: Broad Street Village Contemporary style that includes the following materials; • Wood siding, Metal panels & Vertical corrugated siding • CMU Block & Board Form Concrete • Aluminum storefront system 2.3 Project Statistics Item Proposed 1 Standard 2 Street Yard Build-to Line Village Street 10 feet 10 feet Entry Street 5 feet 5 feet Max. Height of Structure(s) 47.5 feet 3 40 feet Max. Building Coverage (footprint) 61.8% 100% (C-R & C-S) Density 20.72 3 18.5 Parking Spaces 73 58 (20% Reduction) Notes: 1. Applicant’s project plans submitted 5/2/2016 2. South Broad Street Area Plan 3. Separate application (AFFH 3142-2016) 4.b Packet Pg. 38 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCH-2628-2016 774 Caudill Street Page 3 3.0 PROJECT ANALYSIS The proposed development must be consistent with the requirements of the General Plan, Zoning Regulations, and applicable design standards of the South Broad Street Area Plan (SOBRO) and Community Design Guidelines (CDG). Staff has evaluated the project’s consistency with relevant requirements and has found it to be in substantial compliance, as discussed in this analysis. 3.1 Demolition: The subject properties currently contain two existing residential structures and a small commercial building, which are proposed for demolition. Both residential structures are older than 50 years. The Historic Preservation Ordinance states that a historic designation may be applied to buildings at least 50 years old that maintain their original or attained historic and architectural character, and contribute either by themselves or in conjunction with other structures to the unique or historic character of a neighborhood. Staff Analysis: In 2004, the City Council determined that the structure on 774 Caudill Street did not meet the Historic Resource Criteria (Attachment 4, City Council Resolution No. 9520 (2004 Series)). The residence located at 796 Caudill Street has been reviewed by staff and similar findings were identified that the structure does not meet Historic Resource Criteria. 3.2 Site Plan: The CDG’s state that site planning should create a pleasant, comfortable, safe, and distinct place for residents. New development should respect the privacy of adjacent residential uses through appropriate building orientation and structure height (CDG, Chapter 5.4A). The SOBRO established a hybrid approach of form-based codes and traditional zoning to ensure development is consistent with the community’s identified goals for form, character, and quality. Staff Analysis: The project design takes advantage of the build-to lines on each street frontage of the property, and provides parking areas that are accessed via driveways rather than open and visible parking areas in accordance with SOBRO Section 4.6 (Building Types by Street Type). The project orients the commercial uses along Victoria Avenue (Village Street) and provides residential units on the upper levels. The project also provides a roof- top common area and street facing balconies for majority of the residential units. The site provides sufficient access and internal circulation for vehicles and pedestrians. The applicant has proposed to provide majority of the residential parking within the basement and parking for the commercial uses on the ground level. The project’s parking area is not a dominant visual element of the site and is screened by buildings that are oriented toward the street. SOBRO Form-Based Codes state that the maximum building height of a mixed use building is 40 feet; the applicant has requested a maximum height of 47.5 feet. The project design includes additional structures attached to the elevator tower which would normally contribute to the maximum height of the structure (kitchenette & bathroom). Zoning Regulations Section 17.16.040 (Height) states that chimneys and elevator towers that are not integral with building parapets shall extend not more than 10 feet above the maximum building height. The inclusion of the kitchenette and the bathroom does not contribute to the maximum height of the proposed structure because they are accessory to the elevator tower which does not extend more than 10 feet above the requested maximum height of 47.5 feet. 4.b Packet Pg. 39 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCH-2628-2016 774 Caudill Street Page 4 The proposed building height of 47.5 feet where 40 feet is the maximum allowed within the SOBRO form-based codes is appropriate for this site and location because the height, mass and scale of the project is consistent with SOBRO Chapter 4.5 Form-Based Codes that requires mixed-use buildings to provide residential units in the upper levels with a minimum height of 25 feet and at least 80% of the building façade to be constructed along the property build-to lines. The proposed project has been designed to consider the adjacent existing structures in regards to solar access by providing majority of the projects mass along the street frontages with parking provided toward the rear of the lot. The request for the height variation will be reviewed by the City Council under a separate application (AFFH-3142- 2016). It should be noted that in order to deny the requested height variation, State law (Government Code Section 65915) requires specific findings related to adverse impacts to health, safety or welfare. 3.3 Building Design: The SOBRO design guidelines require that Mixed-Use buildings be designed to reflect either the Railroad Commercial or the Broad Street Village Contemporary architectural styles. The Broad Street Village Contemporary Style pays homage to the past with a blend of traditional and contemporary architectural forms, materials, and influences to create an urban village character. The CDG’s state that multi-family housing should be derived from architectural styles in the surrounding neighborhood, and should be designed to ensure that the height and bulk of higher density projects do not impact adjacent lower density residential areas (CDG, Chapter 5.4C). Staff Analysis: The proposed mixed use buildings are contemporary in character, consistent with the Broad Street Village Contemporary style. The project’s architectural style is designed to complement the service commercial and industrial theme of the neighborhood, with consideration of the social and industrial history of the original tract. The project’s architectural style is designed to acknowledge past architecture while integrating new sustainable green strategies in a modern day development setting. The project incorporates various materials such as metal panels, wood & corrugated metal siding, board formed concrete, bronze aluminum windows and storefronts. The structures demonstrate consistent use of colors, materials, and detailing throughout all elevations of the building. All elevations are visually interesting and receive interesting architectural treatments that enhance views of the structure from all views on and off site 1. The design utilizes vertical wall articulation, offsets, recessed windows and entries, awnings, and balconies to relieve the form and mass of the building. The residential units provide private balconies for majority of the units and a roof-top terrace that provides a large common outdoor area available to all residents. 3.4 Parking: Zoning Regulations Table 6 (Parking Requirements by Use) states that the proposed commercial spaces will require approximately 14 parking spaces (1/300 square feet). 1 Community Design Guidelines Chapter 5, Section 5.4 C.1: Façade and roof articulation. A structure with three or more attached units should incorporate wall and roof articulation to reduce apparent scale. Changes in wall planes and roof heights, and the inclusion of elements such as balconies, porches, arcade, dormers, and cross gables can avoid the barracks-like quality of long flat walls and roofs. 4.b Packet Pg. 40 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCH-2628-2016 774 Caudill Street Page 5 Section 17.90.040K (Standard incentives for housing projects) provides alternative parking requirements for a project that provides affordable housing based on the number of bedrooms for a total of 58 parking spaces for the residential component of the project and allows tandem parking. Total required parking for the project includes 73 vehicle parking spaces, 4 motorcycle spaces, and 76 bicycle spaces. Staff Analysis: The SOBRO Parking Requirements allow a mixed use parking reduction of 20% where times of maximum parking demand from various uses will not coincide 2. A 20% mixed use parking reduction reduces the required number of vehicle parking spaces from 73 spaces to 58 spaces; the project provides a total of 73 parking spaces on site and also provides 15 motorcycle spaces where 5 are required and 94 bicycle parking spaces where 76 are required. The project qualifies for the mixed-use parking reduction of 20% per SOBRO Section 4.7 Parking requirements. 4.0 ENVIRONMENTAL REVIEW The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing developed property. 5.0 OTHER DEPARTMENT COMMENTS The requirements of the other departments are reflected in the attached Draft Resolution as conditions of approval and code requirements, where appropriate. 6.0 ALTERNATIVES & RECOMMENDATION 6.1. Continue the project with direction to the applicant and staff on pertinent issues. 6.2. Deny the project based on findings of inconsistency with the General Plan, Zoning Regulations, South Broad Street Area Plan or Community Design Guidelines. 7.0 ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Reduced Project Plans 4. City Council Resolution No. 9520 (2004 Series) 2 Zoning Regulations, Section 17.08.072E.3: Mixed Use Projects: Hours of Operation. A mixed use project proposing a commercial component that will operate outside the hours from 8:00 a.m. to 6:00 p.m. shall require the Director’s approval to ensure that the commercial use will not negatively impact the residential uses within the project. 4.b Packet Pg. 41 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) ARCH-2628-2016 774 Caudill Street Page 6 Included in Commission member portfolio: project plans Available at ARC hearing: color/materials board Website Link to SOBRO: http://www.slocity.org/home/showdocument?id=5019 4.b Packet Pg. 42 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) RESOLUTION NO. ARC-XXXX-16 A RESOLUTION OF THE SAN LUIS OBISPO ARCHITECTURAL REVIEW COMMISSION APPROVING THE DEVELOPMENT OF A NEW FOUR STORY MIXED-USE PROJECT INCLUDING GROUND FLOOR COMMERCIAL/RETAIL SPACE, AND 36 RESIDENTIAL UNITS, WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JUNE 20, 2016 774 CAUDILL STREET (ARCH-2628-2016) WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on June 20, 2016, pursuant to a proceeding instituted under ARCH-2628- 2016, Caudill Street Partners, applicant; and WHEREAS, the Architectural Review Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the Architectural Review Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Architectural Review Commission hereby grants final approval to the project (ARCH-2628-2016), based on the following findings: Mixed Use Development 1. The project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because the project will be compatible with site constraints and the scale and character of the neighborhood. 2. The proposed project is consistent with the General Plan for this location since the project proposes to construct a mixed use building that includes commercial, office, and residential uses that can be utilized for such uses envisioned by the Commercial Retail & Services and Manufacturing District within the Special Focus Overlay zone. 3. The proposed project is consistent with Land Use Element policies 2.3.6 (Housing & Businesses) and 3.8.5 (Mixed Uses), because the project provides a mix of uses within a commercial district that is appropriate and compatible with the existing neighborhood in close proximity to major transportation corridors and transit opportunities. 4. The project is consistent with the Housing Element because the project provides a variety of residential types, sizes, and styles of dwellings (HE 5.4), and encourages development of 4.b Packet Pg. 43 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) housing above ground-level retail stores to provide housing opportunities close to activity centers (HE 5.3). 5. The project is consistent with the Conservation and Open Space Element policy 4.4.3 because the project promotes higher-density, compact housing to achieve more efficient use of public facilities and services and to improve the City’s jobs/housing balance. 6. The proposed mixed use project design further increases the public benefits of the existing building for compliance with the South Broad Street Area Design Guidelines by dedicating residential units as affordable in close proximity to the downtown and public transit. 7. The design of the project is consistent with the development standards of the South Broad Street Area Plan and has been designed in accordance with the Broad Street Village Contemporary style which is an appropriate architectural style for Mixed Use building types. 8. The project design maintains consistency with the City’s Community Design Guidelines by providing architectural interest and an attractive style which complements the character and scale of the existing neighborhood. Building Height, Mass and Scale 9. The proposed kitchenette and bathroom that are attached to the elevator tower on the roof deck is accessory to the elevator tower and the rooftop common area, which do not contribute to the maximum height of the building in terms of mass and scale. 10. The proposed height, mass and scale of the project will not negatively alter the overall character of the neighborhood or the streets appearance because SOBRO Form-Based Codes require that mixed-use buildings provide residential units in the upper levels of a structure with a minimum height allowance of 25 feet and at least 80% of the building façade to be constructed along the property build-to lines. The project is consistent with the SOBRO and Community Design Guidelines because the development is designed in a manner that does not deprive reasonable solar access to adjacent properties by positioning the majority of the building mass along the street frontage that incorporates vertical and horizontal wall plan offsets that provide high-quality and aesthetically pleasing architectural design. 11. The proposed height, mass and scale of the project is necessary to provide additional dwelling units to be dedicated affordable for “very low” income households. Shared/Mixed Use Parking Reduction 12. There is no evidence to indicate that a 20% mixed-use parking reduction will result in poor on-site circulation or adversely affect the surrounding neighborhood. 4.b Packet Pg. 44 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) 13. The proposed project complies with San Luis Obispo Municipal Code Section 17.90.040K, Standard incentives for housing projects, where tandem parking is allowed for projects that provide affordable housing units. The parking reduction of 20% satisfies the intent of SOBRO Parking Requirements Section 4.7 which is "...to minimize the area devoted exclusively to parking and drives when typical demands may be satisfied more efficiently by shared facilities." Moreover, the project is in accordance with the provisions for a mixed-use parking reduction because the times of maximum parking demand from the proposed uses will not coincide due to the mix of residential and commercial uses. SECTION 2. Environmental Review. The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is consistent with General Plan policies for the land use designation and is consistent with the applicable zoning designation and regulations. The project site occurs on a property of no more than five acres substantially surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the site is located on an existing developed property. SECTION 3. Action. The Architectural Review Commission (ARC) hereby grants final design approval to the project with incorporation of the following conditions. Approval of the proposed 47.5 foot building height and 48% density bonus will be reviewed by the City Council under a separate application (AFFH 3142-2016): Planning 1. The Architectural Review Commission determination regarding project design is contingent upon the approval of the City Council in regards to the 48% density bonus that includes a request for an incentive to extend the maximum height of the proposed project to 47.5 feet. 2. Final project design and construction drawings submitted for a building permit shall be in substantial compliance with the project plans approved by the ARC. A separate, full-size sheet shall be included in working drawings submitted for a building permit that lists all conditions and code requirements of project approval listed as sheet number 2. Reference shall be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping, or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 3. Plans submitted for a building permit shall call out the colors and materials of all proposed building surfaces and other improvements. Colors and materials shall be consistent with the color and material board submitted with Architectural Review application. 4. The locations of all lighting, including bollard style landscaping or path lighting, shall be included in plans submitted for a building permit. All wall-mounted lighting fixtures shall be clearly called out on building elevations included as part of working drawings. All wall- mounted lighting shall complement building architecture. The lighting schedule for the 4.b Packet Pg. 45 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) building shall include a graphic representation of the proposed lighting fixtures and cut- sheets on the submitted building plans. The selected fixture(s) shall be shielded to insure that light is directed downward consistent with the requirements of the City’s Night Sky Preservation standards contained in Chapter 17.23 of the Zoning Regulations. 5. Mechanical and electrical equipment shall be located internally to the building. With submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of any proposed condensers and other mechanical equipment. If any condensers or other mechanical equipment is to be placed on the roof, plans submitted for a building permit shall confirm that parapets and other roof features will provide adequate screening. A line-of-sight diagram shall be included to confirm that proposed screening will be adequate. This condition applies to both initial project construction and later building modifications and improvements. 6. A final landscaping plan, including irrigation details and plans, shall be submitted to the Community Development Department along with working drawings. The legend for the landscaping plan shall include the sizes and species of all groundcovers, shrubs, and trees with corresponding symbols for each plant material showing their specific locations on plans. 7. The location of any required backflow preventer and double-check assembly shall be shown on all site plans submitted for a building permit, including the landscaping plan. Construction plans shall also include a scaled diagram of the equipment proposed. Where possible, as determined by the Utilities Director, equipment shall be located inside the building within 20 feet of the front property line. Where this is not possible, as determined by the Utilities Director, the back flow preventer and double-check assembly shall be located in the street yard and screened using a combination of paint color, landscaping and, if deemed appropriate by the Community Development Director, a low wall. The size and configuration of such equipment shall be subject to review and approval by the Utilities and Community Development Directors. 8. Any proposed signs are subject to review and approval of the Community Development Department and subject to a sign permit. The Community Development Director shall refer signage to the ARC if signs need an exception or appear to be excessive in size or out of character with the project. 9. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this 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 the City shall fully cooperate in the defense against an Indemnified Claim. 4.b Packet Pg. 46 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) Engineering Division – Public Works 10. The applicant shall be responsible for paying a “fair share” mitigation fee for the undergrounding of overhead wire utilities in accordance with the South Broad Street Corridor Plan. 11. Any required subdivision, lot merger, or lot line adjustment shall be finalized prior to issuance of a building permit. 12. Projects involving the construction of new structures requires that complete frontage improvements be installed or that existing improvements be upgraded per city standard. MC 12.16.050. 13. The building plan submittal shall show compliance with the South Broad Street Corridor Plan. Any conflicts between the City Engineering Standards and intent of the corridor plan shall be reviewed and approved to the satisfaction of the City Engineer and Community Development Director. 14. The building plan submittal shall show all required pedestrian level street lighting in accordance with the South Broad Street Corridor Plan and City Engineering Standards. One pedestrian level light is generally required for every 80’ of frontage. The building plan submittal shall show 2 new pedestrian level lights on the Victoria Street frontage. 15. The several proposed project access drives from the adjoining public streets shall be provided by City Engineering Standard driveway approaches. 16. The building plan submittal shall show the corner of Victoria and Caudill to be upgraded per City Engineering Standards and the South Broad Street Corridor Plan. Curb ramps shall be constructed in accordance with City Engineering Standard 4440, 2010 Revised Standard Plan RSP A88A, and ADA standards. The proposed bulb-out at the intersection shall be in accordance with the South Broad Street Corridor Plan. Radii of the bulb out shall be in accordance with Engineering Standards 1010 for street sweeping. 17. The building plan submittal shall include all required parking lot improvements, dimensions, space dimensions, maneuverability, materials, space and aisle slopes, drainage, pavement marking, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. 18. Site development shall comply with the current California codes and ADA requirements. All common facilities and access routes shall be reviewed and approved to the satisfaction of the Building Division. 19. The proposed bike racks shall be located outside the public right-of-way. Bike racks located within public utility easements may be approved with the recordation of an encroachment agreement. 4.b Packet Pg. 47 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) 20. Provisions for trash, recycle, and green waste containment, screening, and collection shall be approved to the satisfaction of the City and San Luis Obispo Garbage Company. The respective refuse storage area and on-site conveyance shall consider convenience, aesthetics, safety, and functionality. Ownership boundaries and/or easements shall be considered in the final design. Any common storage areas shall be maintained by the Homeowner’s/Property Owner’s Association and shall be included in the CCR’s or other property maintenance agreement accordingly. 21. The building plan submittal shall include a complete site utility plan. All existing and proposed utilities along with utility company meters shall be shown. Existing underground and overhead services shall be shown along with any proposed alterations or upgrades. Services to the new structures shall be underground. All work in the public right-of-way shall be shown or noted. 22. Wires to the new buildings shall be underground. Undergrounding shall be completed without new utility poles within the public right-of-way. The existing overhead wiring along the project frontages shall be undergrounded to the satisfaction of the Public Works Department and respective wire utility companies unless otherwise approved for deferral by the Community Development and Public Works directors. 23. The building plan submittal shall show the location of the fire service lateral, double-check assembly, and fire department connection (FDC) on the site utility plan. Show the location of the fire riser room and interior fire riser in accordance with the ARC approvals and/or the Planning Divisions architectural guidelines. Provide access to the fire riser and appurtenances in accordance with the UFC and as approved by the Fire Marshal. Clarify to the satisfaction of the Fire Marshal whether an FDC should be provided at the double-check assembly or on the respective building. 24. The project drainage report, plans, and Post Construction Stormwater Regulation compliance strategy shall include complete details and approvals in accordance with City Engineering Standards and the Waterway Management Plan Drainage Design Manual. 25. The building plan submittal shall show compliance with the Post Construction Stormwater Requirements as regulated by the Regional Water Quality Control Board for redeveloped sites. Include a complete Post Construction Stormwater Control Plan Template as available on the City’s Website. 26. An operations and maintenance manual will be required for the post construction stormwater improvements. The manual shall be provided at the time of building permit application and shall be accepted by the City prior to building permit issuance. A private stormwater conveyance agreement will be required and shall be recorded prior to final inspection approvals. 4.b Packet Pg. 48 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) 27. The building plan submittal shall include a complete grading, drainage and topo plan. The grading and drainage plan shall show existing structures and grades located within 15’ of the property lines in accordance with the grading ordinance. The plan shall consider historic offsite drainage tributary to this property that may need to be conveyed along with the improved on-site drainage. This development will alter and/or increase the storm water runoff from this site. The improved or altered drainage shall be directed to the street and not across adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 28. The building plan submittal shall show all existing trees on the property with a trunk diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies and/or root systems that extend onto the property shall be shown for reference. The plan shall note which trees are to remain and which trees are proposed for removal. Include the diameter and species of all trees. Tree canopies should generally be shown to scale for reference. The City Arborist supports the proposed tree removals with the compensatory tree plantings shown on the landscape plan. 29. The building plan submittal shall show all required street trees. Street trees are generally required at a rate of one street tree for each 35 lineal feet of frontage. The City Arborist and Planning Division shall approve the tree species and planting requirements in accordance with City Engineering Standards and the corridor plan. The compensatory street trees shall be 24” box to compensate for the loss of the existing tree canopy. 30. Tree protection measures shall be implemented to the satisfaction of the City Arborist. The City Arborist shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. The City Arborist shall approve any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A city-approved arborist shall complete safety pruning. Any required tree protection measures shall be shown or noted on the building plans. The 36” Brazilian Peppertree shall be protected in place. A tree protection plan shall be prepared by a certified Arborist and approved by the City Arborist prior to building permit issuance. Transportation Division – Public Works 31. The applicant shall be responsible for paying current transportation impact fees (TIF) plus a “fair share” mitigation fee for the percentage of new trips generated by the project that will travel through the intersection of Broad/South/Santa Barbara intersection as determined by the Public Works Director, and based on the intersection improvement cost. Utilities Department 32. Any existing sewer lateral serving the property must be abandoned at the City main consistent with City standards. 4.b Packet Pg. 49 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) Code Requirements 1. Change project data to reflect R-2 occupancy instead of R-3. 2. Potable city water shall not be used for major construction activities, such as grading and dust control, as required under Prohibited Water Uses; Chapter 17.07.070.C of the City’s Municipal Code. Recycled water is available through the City’s Construction Water Permit program. Information on the program is available at: http://www.slocity.org/home/showdocument?id=5909 On motion by Commissioner ___________, seconded by Commissioner _____________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 20th day of June, 2016. _____________________________ Doug Davidson, Secretary Architectural Review Commission 4.b Packet Pg. 50 Attachment: b - ARC Staff Report & Resolution (1403 : 774 Caudill Street (AFFH-3142-2016)) g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m The following project statement is a part of the Architectural Review and entitlement application submittal requirements for CMU, a proposed redevelopment project located at 774, 778, and 796 Caudill Street, in the city of San Luis Obispo. The applicants are proposing to redevelop an assemblage of three existing C-R and C-S zoned properties into a single, new multi-story mixed use project in the South Broad Street corridor area of San Luis Obispo. Property Background The combined area of the three existing commercially zoned parcels total 22,391 S.F. (0.514 acres). The properties are currently zoned C-R and/or C-S, as outlined in the South Broad Street Area Plan (SBSAP) which was recently adopted by the City of San Luis Obispo. The existing project site is bounded by Caudill Street to the south, Victoria Street the east, various commercial uses to the north, and a commercial development parking lot to the west. The subject properties currently contain (2) existing residential structures and a small commercial building, which will be removed as a part of this redevelopment effort. Existing site topography is generally flat with an average cross-slope of 3%, and generally slopes from the east side of the site to the west. In addition to the existing structures and outbuildings on these properties, current site improvements also include large expanses of concrete driveway and patio slab areas, along with overgrown landscaping with various trees P r o j e c t S t a t e m e n t F o r : Caudill Mixed Use 7 7 4 + 7 7 8 + 7 9 6 C a u d i l l S t r e e t , S a n L u i s O b i s p o , C A Version 2.0: 03/25/2016 4.c Packet Pg. 51 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 2 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m and plants. Proposed site grading will require removal of all existing structures and on-site vegetation. Replacement landscaping will include new drought-tolerant and BMP compatible plant material, along with new street trees set in a proposed new parkway “greenbelt” along the Caudill and Victoria Street property frontages. Project Description The proposed project involves construction of a new multi-story mixed use facility, with basement level and at-grade parking. The new structure will be adjacent to and fronting on both Caudill and Victoria Streets. This project proposes pedestrian-oriented street level oriented small shop and commercial retail spaces along the ground level. Lined with inviting glass storefronts and retro-style roll-up doors, these “mom-and-pop” shop lease spaces are designed to encourage and promote pedestrian activity at the street level. The upper floor levels consist of all residential units, of varying size, layout and configurations. Access to the upper residential levels are via common exterior walkways, stairs, and elevator access. Each upper level floor also contains a common deck area, intended to promote tenant interaction and a sense of community on each floor, as well as a communal roof-top terrace available to all residential tenants of the building. Main ingress / egress to all upper level residential units is via elevator access and common single-loaded exterior corridor. In addition, the residential units vary from studio units to 3-bedroom lofts, all of varying design, amenities and features to promote diversity in design and tenancy. Each upper level unit contains private outdoor space via deck or patio off of their main living spaces. While the ground- floor level contains parking for commercial users and guests, the lower basement level contains private parking for the residential users of the project, including private secure motorcycle and bicycle storage. The main structure surrounds a central at grade motor-court, which is shared by all commercial tenants, customers and guests. Centrally located common trash, mail and utility areas complete the proposed development, which encourage user interaction throughout the day. 4.c Packet Pg. 52 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 3 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m Other key components of the project include flexible commercial ground floor lease space, as well as small scale affordable-by-design residential units, all designed to achieve a compact urban form style density. In addition, a beautiful roof-top terrace will be incorporated into the roof of the project, which will provide a large common outdoor area for residential tenants to gather, relax, barbeque, or just enjoy the sunset views over the city. Lastly, with the sites’ excellent solar orientation and southern exposures, the project incorporates many sustainable and eco-friendly design features, including active and passive solar, passive cooling, thermal mass heating, a green vegetated roof, and high efficiency day-lighting for all living and working spaces of the project. Design Approach For architectural inspiration, the design team began with an in-depth historical study of this area known as the “Imperial Addition”; the original subdivision tract which first created this portion of San Luis Obispo. Local historian Dan Krieger noted that this specific area of town was initially settled by European immigrants who were fleeing military conscription in imperial armies of their native countries. “The adjacent railroad district appealed to these immigrants,” said Kreiger, “who liked to walk home for lunch in the middle of the workday.” Many of these early residents were northern Italians and Swiss Italians, who initially settled this area. Over the years, small shops and manufacturing plants were built alongside railroad workers’ housing. This area, which eventually was coined “Little Italy”, was know as the “neighborhood that always welcomed new arrivals from foreign lands,” stated Kreiger. This social phenomenon became more apparent with the arrival of the railroad in the 1930’s, which brought even more foreign residents to this increasingly small yet diverse community. 4.c Packet Pg. 53 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 4 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m With an acknowledgement of the social and industrial importance of this particular tract of land, and the surrounding immigrant community it supported, the design team then investigated indigenous building construction, from the turn of the century thru the 1950’s “Steam Era” of this emerging community. As noted above, this particular tract of land provided ideally located and affordable parcels to build work-force housing for many early immigrants to San Luis Obispo, and as such, became a cultural melting pot for newly arriving residents of all backgrounds and nationalities. This was evident not only the variety of building structures and styles constructed between 1900 and the 1950’s, but in the land uses established in this same area, which included small, start-up business, manufacturing shops, and other commercial endeavors. It has been said that this “Little Italy” community was ostensibly San Luis Obispo’s original mixed- use, work-force housing development area. In that same spirit, CMU seeks to reestablish that historic sense of a diverse working-class neighborhood, but in a modern-day architectural language that incorporates the past while simultaneously reflecting our current societal and economic condition. By carefully weaving the aesthetics and materiality of railroad vernacular with the recurring concept of worker housing and work-live communities, the resultant design vocabulary is a eclectic yet cohesive combination of architectural massing, shapes, materials, colors, textures, that is a physical manifestation of the cultural “melting pot” that once created this very same community over 100 years ago. The proposed architecture reflects simple iconic railroad themes and shapes, such as boxcar- style openings and steam engine aesthetics, all integrated with modern and sustainable orientation strategies. The use of materials common to both the railroad vernacular and worker housing was key to establishing an appropriate finish and color palette. Concrete block, metal roofing, wood siding, and cement plaster building materials all pay homage to indigenous local historic building design. The intent is to simultaneously acknowledge past architecture while integrating new sustainable green strategies in a contemporary mixed-use, modern day development setting. 4.c Packet Pg. 54 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 5 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m In order to put sustainable strategies in first position, all design decisions for this project were guided by ecologically sustainable considerations and green principals. This is primarily evidenced by the placement and orientation of all buildings and structures on the site, which are oriented and sited to gain maximum solar exposure. This deliberate southern orientation not only allows for maximum passive heating during winter months, but orients the buildings for optimum year-round solar access. All upper floor units are accessed from a single loaded exterior corridor, which affords natural cross-ventilation via location of operable fenestration on at least two opposing sides of each unit. This project therefore seeks to set new standards for sustainable and responsible urban in-fill redevelopment for San Luis Obispo. In addition to implementation of many Smart-Growth and L.I.D. concepts such as infill redevelopment, compact urban form, alternate transportation, and integrated mixed uses, the project has been designed to the highest standards in terms of energy efficiency and sustainable design. The proposed project qualifies for LEED certification, and is also designed to meet the Architecture 2030 Challenge. As members of SLO Green Build, the design team has also ensured compliance with the established SLO “Green Build Guidelines”. Provisions for traditional sustainable components such as thermal mass, correct solar orientated fenestration, passive heating and cooling, solar shading, and natural day-lighting are incorporated into the core design of all commercial and residential spaces of the project. In addition, contemporary sustainable features such as cool roof and smart-energy devices have also been incorporated into the project. Finally, in an effort to publicly showcase the functional beauty of sustainable and Low-Impact Design (LID) strategies, the majority of the roof area will be finished with a vegetated or “green roof”, which not only promotes on-site storm water mitigation, but is a beautiful expression of eco-friendly strategies coupled with responsible architecture, design and development that will be enjoy by users and tenants alike. 4.c Packet Pg. 55 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 6 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m Site & Landscape Design In conjunction with the proposed building improvements, new landscaping for this infill redevelopment project will include installation of linear bio-swale pre-treatment planted parkway areas, which will serve to minimize pollutant run-off from the parking lot areas as well as provide storm water management for the project. The existing multiple vehicular driveways for these existing lots will be consolidated into a single vehicular access point on Caudill and Victoria Streets, in order to reduce traffic conflicts and provide more street exposure for pedestrian- oriented uses. Where possible, additional on site landscape areas will be provided to complement and enhance the aesthetics and green architecture of the proposed project. The strategically located upper level common decks not only provide an architectural break along Victoria Street on each level, but will be furnished and treated as an inviting communal area to encourage interaction between residential users. The exterior ground-floor commercial retail patio areas will be finished in pervious paver materials, intended to enhance the pedestrian experience and provide human scale to the plaza, while also serving to enhance storm water mitigation. All new on and off-site plant material will be drought tolerant and irrigated with typical water-conserving systems. In addition, all required parking for the proposed project will be provided on-site via common surface and basement parking lots. The project will also provide required motorcycle parking, as well as required short and long-term bicycle parking, designed to encourage alternate modes of transportation. Proposed commercial signage will consist of building or canopy-mounted identification signage to denote the various retail businesses on the ground floor, along with wall-mounted icon or individual logo signs to denote individual business within the development. All business and directional signage will be integrated into the architecture of the project, including building and address numbers located along the public way. All proposed signage will comply with the city’s adopted sign regulations. Entitlement Strategy In conjunction with the required Architectural Review entitlement for this project, this application seeks approval of a Density Bonus via implementation and physical construction of affordable residential units within this redevelopment project, pursuant to Chapter 17.90 and Section 17.90.060.B.3 the SLO Zoning Regulations. The applicant is hereby requesting a 48% density bonus in exchange for providing 12% of the units at the “Very-Low” income level, as defined in Section 17.90.040.E of the SLO Zoning Code. These affordable units will be set aside as deed- 4.c Packet Pg. 56 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 7 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m restricted housing units, for sale or rent, as required by the city’s inclusionary housing guidelines and/or State HCD requirements. Pursuant to the underlying C-R zoning, the allowed base residential density of the subject parcels is as follows: 36 DU/acre X 0.514 acres = 18.5 DU’s. In order to realize the requested 48% density bonus, the applicant will dedicate 12% of the total allowed dwelling units listed above under the “Very Low” income level. Therefore, the number of required affordable units is as follows: 18.5DU X 12% = 2.22 DUs required at the “Very Low” income dedication level. The project proposes to construct the following total mix of residential units: (19) Studio Units @ 0.50 DUs ( 2) 1-Bedroom Units @ 0.66 DUs (12) 2-Bedroom Units @ 1.0 DUs ( 3) 3-Bedroom Units @ 1.5 DUs Therefore, the applicant proposes to meet the required 2.22 DU affordable requirement via dedication of the following units: (5) Studio Units @ 0.50 DUs = 2.50 DUs > 2.22 DUs In exchange for providing and construction the affordable units as described above, the applicant seeks the following developer incentive pursuant to Section 17.90.060.1: 1. Flexible height exception to accommodate the proposed common residential roof-top terrace, which will provide communal outdoor space for both the affordable and market-rate residential units. With respect to the requested incentives, required findings for approval can easily be made, since the project is consistent with city general plan policies and is compatible with the surrounding neighborhood, which include adjacent and neighboring residential and commercial uses as allowed within zoning district. In addition, this integrated mixed use project will enhance and protect the public health, safety, and welfare of users, tenants, and neighbors alike, since the inherent nature of combining residential and commercial uses on a single property provides for an ongoing 24-hour presence on the site, another accepted benefit of mixed use developments. The proposed project will also provide greater local and community-wide benefit than would a single-use commercial development of this property. The immediate and long- term benefits of this mixed-use proposal include provisions of both affordable and market rate “affordable-by-design” residential units, the inclusion of housing in a commercial development, 4.c Packet Pg. 57 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 8 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m reduction of auto vehicle trips via integration of mixed use and shared use opportunities on site, as well as proximity to public transportation, and overall environmental benefits inherent in mixed-use, residential + commercial projects. As reinforcement for the entitlement findings listed below, the requested height exception will in fact facilitate “Smart-Growth” and urban renewal planning strategies, intended to implement new urbanism planning principles, facilitate maximum solar orientation of the proposed development, and incorporate anticipated form-based setbacks via the South Broad Street Area Plan (SBSAP), including a 5’ street yard along the Caudill Street frontage, and a 10’ street yard setback along Victoria Street. For this particular redevelopment project, the additional height is being requested to allow for a common project amenity that would otherwise not be available, or would come at the loss of residential units within this redevelopment effort. The height exception request will promote a heightened urban environment by encouraging residential interaction via an on-site communal gathering area. Current city policies encourage the inclusion of outdoor common residential areas within mixed use developments, and the provision of housing within commercial developments is a stated policy goal in the both the general plan and housing element. As such, this redevelopment endeavors to assist the city’s goal for more in-fill housing, but seeks to do so via an environmentally focused project that will provide on-site outdoor amenities and features that are typically offered in emerging urban mixed use projects. Conversely, not providing an on-site outdoor community area would require that tenants leave the property and potentially drive to a local park or similar outdoor offering, which is contrary to accepted Smart Growth and eco-sustainable principals. Therefore, we suggest the following findings can be made in support of the density bonus and the (1) requested developer incentive since: 1. The proposed project is consistent with the General Plan and requested uses are allowed within the zoning district; 4.c Packet Pg. 58 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 9 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m 2. The project complies with all other zoning regulations for the district; 3. The requested height exception is necessary and appropriate to accommodate the superior design of the proposed mixed-use development, as well as support the inclusionary housing component of this proposal; 4. The project complies with all other applicable City Design Guidelines, including those indicted in the recently adopted SOBRO; 5. There currently exists adequate public facilities, services and utilities to serve the proposed project; 6. The size, scale, and building design features are highly suited to the site and surrounding neighborhood, and will be compatible with the character of the current and future land uses and development intended for the surrounding neighborhood by the General Plan and recently adopted SOBRO; 7. The site is adequate for the proposed project and has access to adequate existing public streets; and 8. The establishment and operation of the proposed project will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity of the proposed project, nor will the project be detrimental or injurious to neighboring property or improvements, nor the general welfare of the City. It should also be noted that these properties have been identified by the city as part of a larger redevelopment area via the South Broad Street Corridor Area Plan (SOBRO), and the city is proactively and purposely seeking ways to encourage infill urban renewal of this particular redevelopment district. Therefore this proposal will essentially help to “jump-start” the city’s redevelopment goals for this particular block of the south Broad Street area. Additionally, the requested development incentive will actually enhance the health, safety and general welfare of persons residing and working in and around this site, since the benefits of an integrated mixed use development with a 24 hour presence are known to provide a safer environment for users, tenants, and neighbors alike. Given the city’s goals and objectives to see this “Little Italy” area become a more urbane, pedestrian-oriented and diversified mixed use neighborhood, the proposed project will in fact meet the city’s current desire to encourage redevelopment in this specific area, as well as promote the city’s long-term policy objectives and ultimate vision for this transitional, redevelopment district. 4.c Packet Pg. 59 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) p a g e 10 g a r c i a a r c h i t e c t u r e + d e s i g n g a r c i a a r c h i t e c t u r e + d e s i g n 1 3 0 8 m o n t e r e y s t r e e t , s u I t e 2 3 0 , s a n l u i s o b i s p o , c a l i f o r n i a 9 3 4 0 1 p h o n e 8 0 5 . 7 8 3 . 1 8 8 0 f a x 8 0 5 . 7 8 3 . 1 8 8 1 w w w . g a r c i a a r c h d e s i g n . c o m Summary Caudill Mixed Use is intended to evoke an authentic and nostalgic acknowledgement of this neighborhood’s rich and diverse cultural history, while simultaneously introducing new urbanism planning principles along with a heightened design vocabulary that not only pays homage indigenous railroad vernacular and ethnically rich heritage of this site, but also provides a responsible interpretation of modern sustainable, infill redevelopment here in San Luis Obispo. 4.c Packet Pg. 60 Attachment: c - Project Statement (1403 : 774 Caudill Street (AFFH-3142-2016)) 4.d Packet Pg. 61 4.d Packet Pg. 62 4.d Packet Pg. 63 4.d Packet Pg. 64 4.d Packet Pg. 65 4.d Packet Pg. 66 4.d Packet Pg. 67 4.d Packet Pg. 68 4.d Packet Pg. 69 4.d Packet Pg. 70 4.d Packet Pg. 71 4.d Packet Pg. 72 4.d Packet Pg. 73 4.d Packet Pg. 74 4.d Packet Pg. 75 4.d Packet Pg. 76 4.d Packet Pg. 77 4.d Packet Pg. 78 4.d Packet Pg. 79 4.d Packet Pg. 80 4.d Packet Pg. 81 4.d Packet Pg. 82 Meeting Date: 7/12/2016 FROM: Michael Codron, Community Development Director Prepared By: Jenny Wiseman, Acting Housing Programs Manager SUBJECT: CONSIDERATION OF 2016-17 HUMAN RELATIONS COMMISSION (HRC) GRANTS-IN-AID (GIA) FUNDING RECOMMENDATIONS. RECOMMENDATION 1. As recommended by the Human Relations Commission, approve the 2016-17 Grants-in-Aid funding allocations in the amount of $138,500 (Attachment A); and 2. Authorize the Community Development Director to execute agreements with each grant recipient. DISCUSSION Background The City’s Grants-in-Aid (GIA) program, overseen by the Human Relations Commission (HRC), provides financial support to non-profit organizations that promote the economic and social well- being of the citizens of San Luis Obispo. Grants are made to local organizations or agencies based in neighboring communities who serve a significant number of City residents. The HRC advises the City Council on community needs and funding recommendations. Community Needs Workshop On September 2, 2015, the HRC hosted a Community Needs Workshop to inform the public about upcoming grant programs and funding amounts, as well as to solicit public comments on community development and human service needs. An audience of approximately 25 people attended the hearing and 10 speakers addressed a wide variety of community needs. Representatives from non-profits pointed to an increase in demand for services including emergency shelter, transitional housing, hunger prevention, access for the disabled, affordable housing and social programs. Due to the decrease in funding at the federal and state level over the past several years, the increase in demand and decrease in grant funding has strained providers’ ability to deliver core services. The service providers stressed the importance of the GIA program and encouraged the HRC to continue its support. Council Priority Setting On October 6, 2015, Council adopted the following non-ranked priorities for allocating GIA funds during the 2016-17 Program Year:  Homeless prevention including supportive services and transitional housing 5 Packet Pg. 83  Hunger and malnutrition prevention  Supportive physical and mental health services  Services for seniors and/or people with disabilities  Supportive services for youth and their development; especially targeted to youth at risk GIA Application Process In December 2015, the HRC formally launched its annual GIA process by advertising the availability of grant funds and information regarding the upcoming GIA timeline. GIA applications were due to the City on February 3, 2016. The City received grant funding requests from 29 agencies requesting funding for 35 different programs totaling $258,352, which amounts to approximately 54% more than available funding. Attachment A includes a list of the applications submitted to the City for GIA funding and the HRC’s recommended funding amounts. HRC Subcommittee Review Process On February 3, 2016, the HRC convened the GIA subcommittee of Commissioners Sexton, Jones, and Strohl to review grant applications and make preliminary funding recommendations. Total grant requests exceeded the 2016-17 GIA budget of $138,500 by approximately $120,000. While this challenged the subcommittee members, they carefully used the endorsed GIA funding priorities set by Council to guide their recommendations. As a part of the application review and recommendation process, the subcommittee considered whether grant funds would be used to provide direct services to clients and/or collaboration with other agencies, and also considered the prioritization of multiple funding requests from the same agency. The Subcommittee also paid close attention to how GIA funds would be leveraged and how the program’s funding has changed over the past few years. Funding Recommendations On April 6, 2016, the subcommittee presented preliminary grant recommendations to the full HRC. The HRC reviewed each grant recommendation in full detail and revised several grant recommendations (Attachment B). On May 4, 2016, the HRC held a public hearing to review the recommended funding for the 2016-17 GIA applications in consideration of Council’s adopted funding priorities, to finalize its recommendations to the City Council. Prior to the May 6th meeting, GIA applicants were informed of the HRC’s preliminary funding recommendations. Approximately 25 members of the public attended the hearing and 16 speakers from various non-profit organizations provided testimony in support of the GIA program and preliminary funding recommendations (Attachment C). While many thanked the HRC for its support, several speakers requested reconsideration of the preliminary funding recommendations for their programs. After hearing public testimony, the HRC recommended Council approve the GIA funding allocations without modifications to the previously recommended grant awards. The HRC’s 2016-17 GIA funding recommendations are as follows: 1. Provide for the disbursement of $138,500 as budgeted in the 2015-17 Financial Plan. 5 Packet Pg. 84 2. Provide funding to 29 programs with grants ranging from $500 to $13,000. Complete funding recommendations and discussion of programs not recommended for funding can be found in the Council Reading File. Grant Contracts Upon Council approval of GIA funding allocations, the City will enter into a contract with each organization that has been awarded grant funding. The HRC and City staff will monitor the contracts throughout the year. ENVIRONMENTAL REVIEW The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). It can be seen with certainty that Grants in Aid funding allocations could not have a significant effect on the environment. FISCAL IMPACT The City designates a portion of General Fund monies to the GIA program and the Council ha s the final authority over how those grants are awarded. The total amount budgeted to the GIA program in the 2015-17 Financial Plan for the 2016-17 fiscal year is $138,500. The HRC recommends allocating the full amount (Attachment A). ALTERNATIVES 1. The Council may modify the proposed grant funding amounts. 2. The Council may choose to fund an eligible GIA application not recommended by the HRC. 3. The Council may continue consideration of funding for the 2016-17 GIA Program Year. Direction should be given to staff regarding additional information necessary to make a decision. AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE Copies of applications have been provided to the City Council and are available for public review in the City Clerk’s Office. Attachments: a a - 2016-17 GIA Recommendations b b - Minutes of the April 6, 2016 HRC Meeting c c - Draft Minutes of the May 4, 2016 HRC Meeting 5 Packet Pg. 85 d d - 2016-17 GIA Applicant Summaries and Funding History 5 Packet Pg. 86 2016-17 HRC Grants in Aid Recommendations Organization Program/Project Description 2016-17 Grant Request 2016-17 Final Recommendation 2016-17 Grants in Aid Budget $138,500 Homeless Prevention & Support Services Transitional Food and Shelter Shelter Committee: Emergency 24-hour Shelter for Medically Fragile Homeless People $ 15,000 $ 13,000 Women’s Shelter Program of San Luis Obispo County Homeless Prevention and Self- Sufficiency Program for Domestic Violence Victims $ 12,000 $ 10,000 People’s Self-Help Housing Homelessness Prevention and Housing Special Needs Groups in SLO $ 10,000 $ 8,000 Access Support Network (Formerly SLO County Aids Support Network) AIDS Homeless Prevention and Supportive Housing Program $ 6,000 $ 5,000 CAPSLO Homeless Prevention and Stable Housing Program $ 8,000 $ 6,500 Restorative Partners Inc. Reentry Services Support $ 10,650 $ 2,000 Hunger and Malnutrition Prevention Food Bank Coalition of SLO County Fresh Produce Program - Field to Family $ 15,000 $ 12,000 One Cool Earth Garden Matchmaking $ 3,000 $ 500 Supportive Physical and Mental Health Services SLO Noor Foundation SLO Noor Clinic - Healthcare for the Uninsured $ 11,000 $ 10,500 Alliance for Pharmaceutical Access, Inc. Prescription Access & Health Navigation for Healthier Communities $ 11,500 $ 5,500 CAPSLO Adult Wellness and Prevention Screening $ 7,500 $ 5,000 ALPHA Pregnancy and Parenting Support Flourishing Families $ 10,000 $ 5,000 Access Support Network (Formerly SLO County Aids Support Network) Hepatitis C Project $ 5,000 $ 4,000 5.a Packet Pg. 87 Attachment: a - 2016-17 GIA Recommendations (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) Organization Program/Project Description 2016-17 Grant Request 2016-17 Final Recommendation Community Counseling Center of San Luis Obispo County Mental Health Counseling for the Low Income and Underinsured $ 5,000 $ 4,000 United Way of SLO County 211 SLO County $ 3,500 $ 3,000 Alzheimer's Association, California Central Chapter San Luis Obispo Family Services Program $ 10,000 $ 3,000 RISE San Luis Obispo County Sexual Assault and Domestic Violence Programs $ 6,000 $ 2,000 Transitions Mental Health Association Growing Grounds Farm $ 2,000 $ 1,500 SLO Syringe Exchange Preventing Blood Borne Infections $ 6,000 $ 1,000 Transitions Mental Health Association SLO Hotline $ 4,000 $ 1,000 ALPHA Pregnancy and Parenting Support Supporting Maternal Mental Health $ 5,000 $ - Services for Seniors and People with Disabilities Senior Nutrition Program of San Luis Obispo County Hot Lunches to Seniors Countywide $ 10,000 $ 10,000 San Luis Obispo Legal Assistance Foundation Senior Legal Services Project $ 5,000 $ 2,000 Literacy for Life The Literacy Program $ 4,500 $ 1,000 Senior Volunteer Services Central Coast Community Volunteers $ 8,000 $ - Supportive Services for Youth Court Appointed Special Advocates of SLO County CASA Advocacy $ 8,000 $ 7,000 Big Brothers Big Sisters of San Luis Obispo County Community Based Youth Mentoring $ 7,500 $ 6,500 Partnership for the Children of SLO County Tolosa Children's Dental Center SLO $ 10,800 $ 5,500 CAPSLO Teen Clinics $ 6,000 $ 2,000 Gay and Lesbian Alliance of the Central Coast Q Youth Group $ 8,880 $ 1,000 5.a Packet Pg. 88 Attachment: a - 2016-17 GIA Recommendations (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) Organization Program/Project Description 2016-17 Grant Request 2016-17 Final Recommendation Creative Mediation at Wilshire Community Services School Based Youth Conflict Prevention $ 8,250 $ 1,000 Assistance League of San Luis Obispo County Operation School Bell $ 5,050 $ - Big Brothers Big Sisters of San Luis Obispo County School Based Youth Mentoring $ 5,222 $ - Camp Fire Central Coast of California After School Camp Fire Clubs $ 2,500 $ - San Luis Obispo County YMCA Scholarships for YMCA Afterschool and Day Came Programs $ 2,500 $ - Total $ 258,352 $ 138,500 5.a Packet Pg. 89 Attachment: a - 2016-17 GIA Recommendations (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) 5.b Packet Pg. 90 Attachment: b - Minutes of the April 6, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) 5.b Packet Pg. 91 Attachment: b - Minutes of the April 6, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) 5.b Packet Pg. 92 Attachment: b - Minutes of the April 6, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) 5.b Packet Pg. 93 Attachment: b - Minutes of the April 6, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) Draft Minutes Human Relations Commission Wednesday, May 4, 2016 Regular Meeting of the Human Relations Commission CALL TO ORDER A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on Wednesday, May 4, 2016 at 5:00 p.m. in the Council Hearing Room located at 990 Palm Street, San Luis Obispo, California, by Chair Tasseff ROLL CALL Present: Commissioners Julia Jones, Carol Sexton*, Gene Strohl, Vice-Chair Clayton, and Chair Michelle Tasseff Absent: Commissioners Paul Orton and Maria Troy Staff Present: Tyler Corey, Principal Planner; Jenny Wiseman, Planning Technician; Monique Lomeli, Recording Secretary *Commissioner Sexton arrived at 5:05 p.m. CONSIDERATION OF MINUTES ACTION: By consensus, the Minutes of the Human Relation Commission meeting of April 6, 2016 were approved as presented. PUBLIC COMMENT None PUBLIC HEARINGS 1. 2016-17 Grants-In-Aid Funding Recommendations Chair Tasseff opened the public hearing. The following people expressed appreciation or concern of the Commission’s recommendation to provide Grants-In-aid (GIA) funding for their programs: Stephanie Barclay, SLO Legal Assistance Foundation 5.c Packet Pg. 94 Attachment: c - Draft Minutes of the May 4, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) City of San Luis Obispo, Title, Subtitle Draft Minutes Human Relations Commission Meeting of May 4, 2016 Page 2 Brittany Carraway, People’s Self-Help Housing Daniel Taylor, Gay and Lesbian Alliance of the Central Coast Kevin Mikelonis, Transitional Food and Shelter Consuelo Meux, SLO Noor Foundation Juliane McAdam, Senior Nutrition Program Raye Fleming, Community Action Partnership of San Luis Obispo Anna Boyd-Bucy, Big Brothers Big Sisters of San Luis Obispo County Rachel Cementina, United Way Susan Graves, Court Appointed Special Advocates of San Luis Obispo County Audrey Fleming, Alliance for Pharmaceutical Access Kay Gore, San Luis Obispo Syringe Exchange Program Sister Theresa Harpin, Restorative Partners Craig Wilson, Transitions Mental Health Association Theresa Anselmo, Partnership for the Children of SLO County There being no others desiring to speak on this item, the public hearing was closed. Following discussion, MOTION BY VICE-CHAIR CLAYTON, SECOND BY COMMISSIONER JONES, CARRIED 5:0:2, to recommend that the City Council approve the Grants-In-Aid funding recommendations. BUSINESS ITEMS 2. Review of 4th Quarter Community Development Block Grant (CDBG) Report Planning Technician Jenny Wiseman presented the 4th Quarter Community Development Block Grant report. 5.c Packet Pg. 95 Attachment: c - Draft Minutes of the May 4, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) City of San Luis Obispo, Title, Subtitle Draft Minutes Human Relations Commission Meeting of May 4, 2016 Page 3 COMMENTS & DISCUSSION Planning Technician Jenny Wiseman informed the Commission of Commissioner Troy’s medical leave of absence and announced the upcoming appointment of a new commissioner to fill the temporary vacancy. The Commission directed staff to schedule guest speakers from applicant organizations to educate the Commission on individual services provided by each program. ADJOURNMENT Chair Tasseff adjourned the meeting at 6:37 p.m. APPROVED BY THE HUMAN RELATIONS COMMISSION ON XX-XX-XXXX 5.c Packet Pg. 96 Attachment: c - Draft Minutes of the May 4, 2016 HRC Meeting (1405 : Consideration of 2016-17 Grants in Aid Funding Recommendations) 1 2016-17 GRANTS IN AID APPLICANT’S OVERVIEW AND RECENT GIA FUNDING HISTORY RECOMMENDED FOR FUNDING (ALPHABETICAL): 1. ACCESS SUPPORT NETWORK: HEPATITIS C PROJECT 2014 Grant Award $ 5,000 2015 Grant Award $ 5,000 2016 Grant Request $ 5,000 2016 HRC Recommendation $ 4,000 Formerly SLO County Aids Support Network. ASN is requesting funds to support the San Luis Obispo Hep C Project (SLOHPC). The SLOHPC Task Force was formed as a community based grassroots effort to initiate the fight against Hepatitis C. The SLOHPC Project has been delivering essential services that provide persons living with Hepatitis C increased access to medical care and improvements in quality of life by providing outreach, education, health and benefits counseling, and linkages to resources in the community. Grant funds will ensure that the SLOHCP Benefits Counselor will continue to be able to provide assistance in accessing appropriate medical care and supportive services. 2. ACCESS SUPPORT NETWORK: AIDS HOMELESS PREVENTION AND SUPPORTIVE HOUSING PROGRAM 2014 Grant Award $ 5,000 2015 Grant Award $ 5,500 2016 Grant Request $ 6,000 2016 HRC Recommendation $ 5,000 Formerly SLO County Aids Support Network. ASN is requesting funds for the AIDS Homeless Prevention and Supportive Housing Program. ASN is dedicated to improving the quality of life for individuals living with HIV disease and AIDS, while also providing support for their families, friends and loved ones. ASN provides unique and innovative education and prevention interventions to reduce HIV transmission. The primary goal of ASN’s Supportive Housing Program is to provide affordable, supportive housing specifically designed to allow persons living with AIDS to remain as independent as possible during the course of their illness while continuing to reside in SLO. 3. ALLIANCE FOR PHARMACEUTICAL ACCESS (APA): PRESCRIPTION ACCESS FOR HEALTHIER COMMUNITIES 2014 Grant Award $ 4,500 2015 Grant Award $ 4,500 2016 HRC Request $ 11,500 2016 HRC Recommendation $ 5,500 APA is requesting funds to help individuals obtain brand-name medications at no cost, assisting them in protecting their health and well-being. By accessing prescription programs, they can retain scarce resources for basic human needs such as food and shelter. APA serves low and 5.d Packet Pg. 97 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 2 moderate income children, adults, families, the disabled and the elderly; including the uninsured, under-insured, unemployed, underemployed, farm worker, homeless persons, working poor and other disenfranchised communities. 4. ALPHA PREGNANCY AND PARENTING SUPPORT: FLOURISHING FAMILIES 2013 Grant Award $ 3,000 2014 Grant Award $ 4,000 2015 Grant Award $ 4,000 2016 Grant Request $ 10,000 2016 HRC Recommendation $ 5,000 Alpha Pregnancy and Parenting Support is requesting funds to provide supplemental and emergency formula and baby food for families in SLO. Alpha’s mission is to provide assistance to families in need to help them thrive and become self- sustaining rather than dependent. Support services also include maternity and infant clothing, diapers, cribs, car seats and other infant equipment. These services are often needed in a moment’s notice or during the time it takes to register and receive aid from ALPHA’s agency partners. 5. ALZHEIMER’S ASSOCIATION : FAMILY SERVICES PROGRAM 2013 Grant Award $ 4,000 2014 Grant Award $ 2,500 2015 Grant Award $ 2,500 2016 Grant Request $ 10,000 2016 HRC Recommendation $ 3,000 The Alzheimer’s Association is requesting funds to provide education and training to Alzheimer’s patients, their caregivers and the community at large. Training includes emotional support groups and methods of caregiving. There is extensive collaboration with other healthcare and senior organizations to provide outreach and build awareness. 6. BIG BROTHERS BIG SISTERS OF SLO COUNTY: COMMUNITY BASED YOUTH MENTORING 2015 Grant Award $5,000 2016 Grant Request $7,500 2016 HRC Recommendation $6,500 Big Brothers Big Sisters is requesting funds to provide targeted and careful volunteer recruiting, screening and matching, as well as ongoing support for volunteers, children and families to insure child safety and successful long term relationships. The grant will help Big Brothers Big Sisters finance the overall mission of the organization: To help children of SLO County reach their full potential through professionally supported one-to-one mentor relationships. 7. COURT APPOINTED SPECIAL ADVOCATES OF SLO COUNTY: CASA ADVOCACY 2013 Grant Award $ 6,000 2014 Grant Award $ 8,000 2015 Grant Award $ 7,500 2016 Grant Request $ 8,000 2016 HRC Recommendation $ 7,000 5.d Packet Pg. 98 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 3 CASA is requesting funds to help the program with the operating cost of rent. This will allow other funds to be used for recruiting, screening, training, and supervision of community volunteers to advocate for children under the jurisdiction of the juvenile court due to child abuse and neglect. CASA advocates for the best interests of abused and neglected children within the court system. 8. COMMUNITY ACTION PARTNERSHIP OF SLO COUNTY (CAPSLO): ADULT WELLNESS AND PREVENTION SCREENING 2013 Grant Award $ 5,000 2014 Grant Award $ 4,500 2015 Grant Award $ 5,000 2016 Grant Request $ 7,500 2016 HRC Recommendation $ 5,000 CAPSLO’s Senior Health Screening Program is requesting funds to provide low-income adults, 40 years and over, residing in the City of SLO with free, professional, mobile health education and screening services in a familiar environment. By bringing services directly to this population, the program ensures that their health is checked regularly and new conditions are detected early. The program is uniquely able to reach those who have limited access to transportation or who have other difficulties accessing medical care due to language barriers; disability; lack of primary care physician; inability to afford such services’ or reluctance to talk to a doctor about health concerns or issues. 9. COMMUNITY ACTION PARTNERSHIP OF SLO COUNTY (CAPSLO): CASE MANAGEMENT HOMELESS PREVENTION/STABLE HOUSING 2013 Grant Award $ 8,000 2014 Grant Award $ 3,000 2015 HRC Recommendation $ 5,500 2016 Grant Request $ 8,000 2016 HRC Recommendation $ 6,500 CAPSLO’s Case Management Homeless Prevention/Stable Housing Project is requesting funds to provide short-term rental assistance, mortgage payment, or other financial assistance to families threatened with eviction. It also assists households in securing housing by providing them with financial assistance for rent and/or security deposit. In addition to financial assistance, households meet with a case manager to receive financial education and counseling. 10. COMMUNITY ACTION PARTNERSHIP OF SLO COUNTY (CAPSLO): TEEN CLINICS 2016 Grant Request $ 6,000 2016 HRC Recommendation $ 2,000 CAPSLO is requesting funds for it Teen Clinic which operates two afternoons a week at two clinic sites. Teen-only hours are offered for patients up to age 19. W ith the support of the clinic director and medical providers, five teenaged Wellness Providers work as receptionists, peer educators, and medical assistants. Services include education on a variety of issues ranging from postponing sexual involvement, to proper condom use, to intimate partner violence; birth control (including emergency contraception); STI (sexually transmitted infections) screening and treatment; pregnancy testing and counseling on all options; HIV testing and counseling; case management of all abnormal lab results; and referrals. These are the only peer-provided clinics 5.d Packet Pg. 99 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 4 in SLO County, and only one of few such programs in California. Peer-to-peer education is an excellent way to assist teens in becoming active participants in their own health, an important wellness goal as they transition to adulthood. 11. COMMUNITY COUNSELING CENTER: MENTAL HEALTH COUNSELING AND REFERRAL SERVICES FOR THE ECONOMICALLY DISADVANTAGED AND UNINSURED 2013 Grant Award $ 4,500 2014 Grant Award $ 5,000 2015 Grant Award $ 5,000 2016 Grant Request $ 5,000 2016 HRC Recommendation $ 4,000 Community Counseling Center is requesting funds to cover short-term, professional counseling for those who have a low income and no insurance. Professional therapists volunteer their services for clients suffering from depression, grief, anxiety and other problems that are barriers to their ability to function as productive members of the community. 12. CREATIVE MEDIATION AT WILSHIRE COMMUNITY SERVICES: SCHOOL BASED YOUTH CONFLICT PREVENTION 2015 Grant Award $ 2,000 2016 Grant Request $ 8,250 2016 HRC Recommendation $ 1,000 Creative Mediation is requesting funds to continue to provide Peer Mediation Programs which reduce school-wide conflict and provide students with interpersonal skills enabling them to solve their problems in health and constructive ways. The program is currently established in Sinsheimer Elementary with hope to expand to C.L. Smith Elementary. 13. FOOD BANK COALITION OF SLO COUNTY: FRESH PRODUCE PROGRAM 2013 Grant Award $ 10,000 2014 Grant Award $ 12,400 2015 Grant Request $ 12,500 2016 Grant Request $ 15,000 2016 HRC Recommendation $ 12,000 The Food Bank Coalition is requesting funds to secure fresh fruits and vegetables to distribute to San Luis Obispo residents through the Food Bank's Senior Farmers Markets, public food distributions, nonprofit agency partners, and other venues county-wide. Produce purchases and donations together provide approximately 330,000 pounds of fresh, high-quality produce distributed to residents of the City of San Luis Obispo each year to reduce food insecurity and improve nutrition. Previous GIA funds have focused on two of the programs they provide in SLO, while this application encompasses using the common denominator of the provision of fresh produce that is so important to the health and well-being of the City’s food insecure population. 14. GAY AND LESBIAN ALLIANCE OF THE CENTRAL COAST: Q YOUTH GROUP 2015 Grant Award $ 1,000 2016 Grant Request $ 8,880 2016 HRC Recommendation $ 1,000 5.d Packet Pg. 100 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 5 GALA is requesting funds for Q Youth Group, a countywide social support group that targets at- risk youth ages 13-20 regardless of sexual orientation or gender expression. The group consists of weekly meetings facilitated by community volunteers, where youth are challenges to explore personal development, empowerment, and communication while fostering a sense of stewardship to the greater community through volunteer activities. 15. LITERACY FOR LIFE: THE LITERACY PROGRAM 2014 Grant Award $ 3,500 2015 Grant Award $ 0 2016 Grant Request $ 4,500 2016 HRC Recommendation $ 1,000 Literacy for Life is requesting funds for The Literacy Program which teaches adults to read, write, and speak English free of charge. The program serves individual adults who are either speak English either as a first or second language. The program also serves English language learners who, for a varied number of reasons, did not receive formal schooling. The Literacy Program also provides services to homeless individuals who bring distinctive challenges to their ability to learn and improve their lives 16. ONE COOL EARTH: GARDEN MATCHMAKING 2013 Grant Award $ 3,000 2014 Grant Award $ 1,500 2015 Grant Award $ 1,500 2016 Grant Request $ 3,000 2016 HRC Recommendation $ 500 One Cool Earth is requesting funds to support the Garden Matchmaking program. Garden Matchmaking connects landless gardeners with landowners that are willing to share. More than often, this creates a bond between those who cannot afford land with physically disabled or elderly persons who have land but may not be able to garden alone. Produce is allocated on a case by case basis, but gardeners are encouraged to donate excess to the Food Bank. Funding will offset costs for liability insurance and additional materials for the community garden. 17. PARTNERSHIP FOR THE CHILDREN OF SAN LUIS OBISPO: TOLOSA CHILDREN’S DENTAL CENTER 2014 Grant Award $ 3,000 2015 Grant Award $ 5,000 2016 Grant Request $ 10,800 2016 HRC Recommendation $ 5,500 TCDC provides access to dental services for children from low-income families in the central region of the county. Many dental providers will not accept subsidized insurance due to low reimbursement rates. TCDC is one of only two providers in the county to accept Denti-Cal and offer a sliding-fee scale for uninsured patients. Funding will help cover the un-reimbursed costs of providing pediatric dental care to underserved children in the community. 5.d Packet Pg. 101 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 6 18. PEOPLE’S SELF-HELP HOUSING: HOMELESSNESS PREVENTION AND SUPPORTIVE HOUSING SERVICES 2013 Grant Award $ 5,000 2014 Grant Award $ 8,000 2015 Grant Award $ 8,500 2016 Grant Request $ 10,000 2016 HRC Recommendation $ 8,000 People’s Self-Help Housing is requesting funds to provide affordable housing and programs leading to self-sufficiency for low income families, seniors and other special needs groups. Funding will help individuals and families find permanent affordable housing, help them stabilize during the transition, and prevent homelessness for households at risk of losing shelter. 19. RESTORATIVE PARTNERS INC.: REENTRY SERVICES SUPPORT 2016 Grant Request $ 10,650 2016 HRC Recommendation $ 2,000 Restorative Partners is requesting funds for the Reentry Services Support which has been working with inmates at County jail since 2011, providing extensive programming designed to assist individuals in getting their lives back on track. To help alleviate the problem of transition into the community after release, Restorative Partners has entered into a partnership with Transitions Mental Health Association to provide a home for up to 5 homeless women in the City of San Luis Obispo. The funding would go towards hiring a part-time counselor and a house manager who would provide guidance and oversight to the residents. 20. RISE SAN LUIS OBISPO COUNTY: SEXUAL ASSAULT AND DOMESTIC VIOLENCE SERVICES 2014 Grant Award $ 6,000 2015 Grant Award $ 5,500 2016 Grant Request $ 6,000 2016 HRC Recommendation $ 2,000 RISE is requesting funds to serve victims of intimate partner violence and sexual abuse, as well as their loved ones, with crisis intervention, case management, education, counseling and advocacy. RISE was formed in 2013 as a result of a merger between the North County Women’s Shelter and the Sexual Assault Recovery and Prevention center. 21. SAN LUIS OBISPO LEGAL ALTERNATIVES CORPORATION: SENIOR LEGAL SERVICES PROJECT 2013 Grant Award $ 1,500 2014 Grant Award $ 2,000 2015 Grant Award $ 2,000 2016 Grant Request $ 5,000 2016 HRC Recommendation $ 2,000 The Senior Legal Services Project is requesting funds to help provide free legal assistance to the senior population. Senior Legal Services Project provides services countywide, as well as, an office in SLO. The project focuses on the needs of low-income and/or isolated seniors, including housing, income, and the prevention of elder abuse. It aims to help protect senior 5.d Packet Pg. 102 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 7 citizen’s legal rights to reach and maintain their maximum independence and dignity. 22. SENIOR NUTRITION PROGRAM OF SLO COUNTY: SERVING HOT LUNCHES TO SENIORS COUNTY-WIDE 2013 Grant Award $ 7,000 2014 Grant Award $ 7,000 2015 Grant Award $ 7,000 2016 Grant Request $ 10,000 2016 HRC Recommendation $ 10,000 The Senior Nutrition Program of SLO County is requesting funds to serve hot noon-time meals to persons 60 years and older free of charge. A small donation is requested, but no one is denied a meal based on their ability to donate. The GIA funding will help defray the high cost of food. 23. SLO NOOR FOUNDATION: SLO NOOR CLINIC – HEALTHCARE FOR THE UNINSURED 2013 Grant Award $ 6,500 2014 Grant Award ` $ 9,500 2015 Grant Award $ 10,000 2016 Grant Request $ 11,000 2016 HRC Recommendation $ 10,500 The Noor Foundation is requesting funds to provide the underserved and disadvantaged of SLO County with free access to quality acute, non-emergent care they deserve regardless of race, ethnicity, religion, immigration or socioeconomic status. The clinic provides basic primary care, physical exams for disease prevention and screening, and on-going medical supervision of adults with acute and chronic illnesses. 24. SLO SYRINGE EXCHANGE PROGRAM/OVERDOSE PREVENTION: PREVENTION OF BLOOD BORNE INFECTIONS AND DRUG OVERDOSE 2014 Grant Award $ 1,500 2015 Grant Award $ 1,000 2016 Grant Request $ 6,000 2016 HRC Recommendation $ 1,000 SLO Syringe Exchange is requesting funds to reduce and prevent blood borne infections among injection drug users by providing sterile injection supplies. Funding would allow them to buy the sterile injection supplies to keep up with the current distribution level as well as overdose prevention materials that are facing an increased demand. 25. TRANSITIONAL FOOD AND SHELTER, INC.: EMERGENCY 24-HOUR SHELTER FOR THE MEDICALLY FRAGILE HOMELESS 2013 Grant Award $ 2,500 2014 Grant Award $ 10,000 2015 Grant Award $ 10,000 2016 Grant Request $ 15,000 2016 HRC Recommendation $ 13,000 5.d Packet Pg. 103 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 8 Transitional Food and Shelter, Inc. is requesting funds to provide casework and temporary emergency shelter for medically fragile homeless clients from San Luis Obispo who are properly referred and whose doctor prescribes around-the-clock shelter. Clients are discharged from the program either when they have recovered enough to be served by an overnight-only shelter or when they find more permanent housing. 26. TRANSITIONS-MENTAL HEALTH ASSOCIATION: GROWING GROUNDS FARM 2013 Grant Award $ 2,500 2014 Grant Award $ 2,500 2015 Grant Award $ 2,500 2016 Grant Request $ 2,000 2016 HRC Recommendation $ 1,500 Transitions-Mental Health Association is requesting funds to pay the wages of disabled adults who are interested in returning to or joining the work force. This program aids the reintegration process for these adults by providing multi-level vocational training. 27. TRANSITIONS-MENTAL HEALTH ASSOCIATION: SLO HOTLINE 2016 Grant Request $ 4,000 2016 HRC Recommendation $ 1,000 Transitions-Mental Health Association is requesting funds to support their SLO Hotline, a 24- hour, free and confidential call center serving the entire county of San Luis Obispo since 1970. The call center was integrated within the mental health services of Transitions Mental Health Association (TMHA) in 2009. SLO Hotline focuses specifically on crisis intervention, suicide prevention, mental health resource and information and emotional support. It is staffed by program staff and trained volunteers, available 24 hours a day, seven days a week. 28. UNITED WAY OF SLO COUNTY: 211 SLO COUNTY 2013 Grant Award $ 3,500 2014 Grant Award $ 3,500 2015 Grant Award $ 3,000 2016 Grant Request $ 3,500 2016 HRC Recommendation $ 3,000 United Way of SLO County is requesting funds for 211 SLO County, which is a free, confidential 24- hour call center that provides information and referrals to health and human service programs. Services include medical and mental health referrals, counseling, legal or financial assistance can call 211 SLO County for information and referrals in their time of need. 29. WOMEN’S SHELTER PROGRAM OF SLO COUNTY (WSP): HOMELESS PREVENTION AND SELF-SUFFICIENCY PROGRAM FOR DOMESTIC VIOLENCE VICTIMS 2013 Grant Award $ 6,000 2014 Grant Award $ 8,000 2015 Grant Award $ 9,500 2016 Grant Request $ 12,000 2016 HRC Recommendation $ 10,000 WSP is requesting funds to support the Homeless Prevention and Assistance for Domestic 5.d Packet Pg. 104 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 9 Violence Victims program. Many domestic violence victims will be unemployed and/or homeless as a result of the current economic downturn. After clients’ strengths and weaknesses are assessed, they will be connected with case management services to help obtain the necessary skills to become empowered and self-sufficient. ORGANIZATIONS NOT RECOMMENDED FOR GIA FUNDING: 30. ALPHA PREGNANCY AND PARENTING SUPPORT: SUPPORTING MATERNAL MENTAL HEALTH 2016 Grant Request $ 5,000 2016 HRC Recommendation $ 0 This program’s relationship to criteria is indirect and this organization’s similar program receives GIA support. 31. ASSISTANCE LEAGUE: OPERATION SCHOOL BELL 2013 Grant Award $ 4,000 2014 Grant Award $ 2,500 2015 Grant Award $ 0 2016 Grant Request $ 5,050 2016 HRC Recommendation $ 0 This organization has other community support and/or alternate possibilities for fundraising. 32. BIG BROTHERS BIG SISTERS: SCHOOL BASED MENTORING 2014 Grant Award $ 3,000 2015 Grant Award $ 0 2016 Grant Request $ 5,222 2016 HRC Recommendation $ 0 This organization applied for funding for two programs. HRC recommended funding for the program with a wider benefit for the community. 33. CAMP FIRE CENTRAL COAST: AFTER SCHOOL CAMPFIRE CLUBS 2016 Grant Request $ 2,500 2016 HRC Recommendation $ 0 This organization has other community support and does not appear to benefit as many individuals as other similar organizations in need of funding. 34. SAN LUIS OBISPO COUNTY YMCA: FINANCIAL ASSISTANCE FOR DAY CAMP PROGRAMS 2013 Grant Award $ 2,900 2014 Grant Award $ 2,000 2015 Grant Award $ 0 5.d Packet Pg. 105 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding 10 2016 Grant Request $ 2,500 2016 HRC Recommendation $ 0 This is a national organization with other funding possibilities. Unclear on number of residents served by grant, and unclear about scholarship amounts for each child. 35. SENIOR VOLUNTEER SERVICES: CENTRAL COAST COMMUNITY VOLUNTEER PROGRAM 2015 Grant Award $ 0 2016 Grant Request $ 1,500 2016 HRC Recommendation $ 0 This program has an indirect relationship to criteria. Other organizations provide volunteer services and partnerships could be formed. 5.d Packet Pg. 106 Attachment: d - 2016-17 GIA Applicant Summaries and Funding History (1405 : Consideration of 2016-17 Grants in Aid Funding Meeting Date: 7/12/2016 FROM: Derek Johnson, Assistant City Manager Prepared By: Molly Cano, Tourism Manager SUBJECT: 2016-17 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) AND PROMOTIONAL COORDINATING COMMITTEE (PCC) RECOMMENDATION As recommended by the Tourism Business Improvement District (TBID) Board and the Promotional Coordinating Committee (PCC): 1. Authorize the City Manager to enter into various contracts and program expenditures for the Tourism Business Improvement District (TBID) not to exceed the 2016-17 program budget of $1,434,000 based on the recommendations by the TBID Board; and 2. As recommended by the Tourism Business Improvement District (TBID) Board, approve the first two-year extension of the contract with Barnett Cox and Associates (BCA) and Matchfire (as successor in interest of Studio Good) for marketing services in the amount of $814,500; and 3. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2016-17 program budget of $403,609 based on the recommendations by the Promotional Coordinating Committee (PCC); and a. This includes the 2016-17 Grants-in-Aid (GIA) allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient. b. This includes the first one-year term renewal of the contract with FreshBuzz for promotional services in the amount of $30,000. 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund carryover and un-appropriated fund balance from the 2015-16 fiscal year for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board; and 5. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2016-17 based on the recommendations by the TBID Board. 6 Packet Pg. 107 DISCUSSION With the 2015-17 Financial Plan, the City Council approved the budget and defined the work program for the Community Promotions program and the Tourism Business Improvement District (TBID). Both of these programs are overseen and administered by advisory bodies to the City Council. The PCC makes recommendations regarding the use of Community Promotions funding and the TBID Board recommends the use of the TBID assessment. Both Boards developed a budget and work program for the 2015-17 Financial Plan, and thus established recommendations for use of funding in 2016-17 with respective contract considerations. Tourism Business Improvement District The TBID began their program development and budget allocation process in February, when the TBID’s Marketing and Management committees began discussing the goals, priorities and direction for the 2016-17 TBID programs. During this process, the TBID Board communicated the importance of continuing to align the budget direction, program priorities and funding commitments with the fulfillment of the TBID’s five-year strategic clarity plan initiatives. The TBID strategic clarity plan is available for review as a Council Reading File. The TBID strategic initiatives are to: 1. Deliver smart growth. 2. Develop the SLO brand. 3. Build meaningful partnerships. 4. Contribute to an unforgettable SLO experience. 5. Ensure organizational excellence. A top priority in 2016-17 was to fund the establishment and on-going expenses for a tourism support staff position. The Board recognized that this need was imperative to the program. The Tourism Business Improvement Board thus recommended the creation of a Tourism Coordinator position to support the day-to-day operation for advancement of the City’s tourism program and allowing the Tourism Manager to devote a greater effort in strategic planning for current and future tourism programs. This program and financial commitment was approved by City Council on June 14, 2016 as part of the budget supplement process. (Attachment A - Council Action Update June 14, 2016) Strategic Partnerships Strategic partnership proposals were received from the San Luis Obispo Chamber of Commerce and SLO Wine Country Association. The full proposals can be reviewed in the Council Reading File. In the budget deliberation the TBID Board, with the recommendation from the Management Committee, considered all activity and program commitments including: strategic par tnerships and contracts, marketing and advertising, events promotions, tradeshow, tourism organization and research, and support. Based on the content of the annual proposals and the recommendation from the Management Committee, the TBID Board recommends that Council authorize the City Manager to enter into separate contracts with the following organizations for the specified programs (Attachment B - TBID Minutes, May 11, 2016): 6 Packet Pg. 108 1. SLO Chamber of Commerce: The committee recommended full funding of proposal for Guest Services including: the continuation of the phone & availability service at $34,000, the two-month trial period for the Live Chat system in the amount of $4,000, and the Promotional Services Support in the amount of $8,000. In addition, the committee recommended the continuation of the TBID’s partnership with PCC for the public relations services. The investment into this program directly supports the TBID’s strategic initiative to develop the SLO brand and is an efficient approach to partner wit h the PCC which maximizes the contract scope and reduces duplication of efforts. The committee recommended that the TBID fund up to 60% of the Public Relations service agreement at $51,000 and fully cover the media monitoring service. 2. SLO Wine Country Association: The committee recommended funding of the partnership proposal with SLO Wine at the amount of $18,000. The elements of partnership to be funded would be: Membership & Marketing Benefits at $10,000; PR/Media Hosting as presented but managed by staff and funded at $1,000; and targeted Trade and Media Marketing at $7,000. For the Trade and Media Marketing piece, the TBID would have the ability to weigh in and approve through the marketing committee the selection of the roadshow and regional show locations or cooperative advertising investments. The partnership with Cal Poly Athletics will also continue in the final year of the three year agreement in 2016-17. Marketing Services Contract Fiscal year 2016-17 will allow for the first two-year extension agreement with BCA and Matchfire for marketing services. The marketing initiatives were outlined within the marketing plan presented at the June 8, 2016 meeting. The 2016-17 TBID Marketing Plan is available for review as a Council Reading File. Based on the recommendation from the Management Committee, the TBID Board recommends that the Council authorize the first two-year extension of the contract with BCA and Matchfire for marketing services in the amount of $814,500. (Attachment C - TBID Minutes, June 8, 2016) General Event Promotions In their programmatic approach and budget deliberation, both the TBID and the PCC invest in destination events in San Luis Obispo. In order to coordinate the effort, both advisory bodies elected three members to serve on a joint Events Promotion Subcommittee that meets semiannually to entertain funding requests from event organizations. To be considered for joint funding through the TBID and PCC, the event must meet both of the purposes: of tourism promotion advantage to the City of San Luis Obispo and of cultural, social, and/or recreational benefit to the residents of the City of San Luis Obispo. In 2016-17, the TBID has allocated $108,532 to sponsorship funding for events that meet the criteria of tourism promotion advantage to the City of San Luis Obispo resulting in overnight stays at TBID lodging businesses. The remaining program funds are allocated to program expenses including: expanded 6 Packet Pg. 109 involvement in various tradeshows and sales efforts in 2016-17, attendance at industry conferences, and additional partnerships, marketing and promotional initiatives. The costs for certain services and program funding for the 2016-17 fiscal year were covered through the remaining 2015-16 program budget carryover including: final payment for the RaceSLO arch, the media monitoring service fee, SLO Wine annual partnership expenses, and the Strategic Plan mid-plan workshop. (Attachment C - TBID Minutes, June 8, 2016; Attachment D – Line Item Budget Allocations). Any un-appropriated fund balance from 2015-16 will be used for marketing programs in 2016- 17. Promotional Coordinating Committee The purpose of the PCC is to enhance the quality of life for residents of San Luis Obispo and to enhance the quality of experience for visitors to San Luis Obispo. This mission was the guiding force behind the budget consideration for the PCC. During the May 11, 2016 meeting, the PCC finalized the 2016-17 budget allocations and continued programmatic approach for the SLO Happenings program, Visitor Services, event promotions, and GIA funding. (Attachment D – Line Item Budget Allocations; Attachment E – PCC Minutes May 11, 2016) SLO Happenings Program In 2015-16 the PCC made a focused effort to redefine the purpose of the SLO Happening mobile app to benefit the needs of the local residents by offering a consolidated local events calendar application. The promotion of the app, the feature enhancements, and the dedication to expand the content included within the app were done in an effort to help the community engage in the cultural and recreational offering with the City. Based on the success of the division of work for the SLO Happening program in 2015-16 between the functions of technology management and program promotions, the PCC recommends for 2016-17, the technology service agreement in the amount of $15,900 with GFL Technologies for the enhancement, hosting and maintenance of the SLO Happenings app and event database. In addition, the PCC has allocated $30,000 for the promotional plan and services to FreshBuzz Media and recommends the approval of the first of three one-year term extensions noted within their agreement for the contract services. The full proposals can be reviewed in the Council Reading File. Chamber of Commerce Contract Services During the April 13, 2016 meeting, the PCC received a presentation from the Chamber of Commerce for their proposed on-going contract services which include: shared expanded public relations services in partnership with the TBID, marketing and public relations support of the GIA recipients, and the production of the city tear-off-maps. As noted above, the Chamber requested an increase in contract funding for only the PR contract. Additionally, the Chamber requested a change to the operations of the Visitor Center impacting the hour of operation not the contract funding amount. The full proposals can be reviewed in the Council Reading File. During budget deliberations at the May 8, 2016 meeting, the PCC determined that it was of high priority to maintain contract services with the Chamber of Commerce and decided to fully fund 6 Packet Pg. 110 and authorize all of the proposals for the 2016-17 year including the remaining 40% of funding or $34,000 for the expanded public relations services with the TBID. Grants-In-Aid (GIA) Each year, the PCC offers the annual GIA process to local non-profit organizations for the promotion of cultural, social and recreational events held in the City of San Luis Obispo that will benefit residents and visitors. Notices are placed on the City website and in the Tribune to advertise the availability of the grant funding application for local non-profit organizations. This year, the grant cycle opened on February 1, 2016 and applications were due on March 11, 2016. On February 10, 2016 the PCC’s GIA subcommittee held a mandatory meeting with all interested organizations to introduce the grant funding criteria used during the evaluation process and answered questions from the applicants. The City received 26 applications with a funding request totaling $194,480. In fiscal year 2016-17, the PCC increased their available budget for GIA awards to $100,000. GIA applications can be reviewed in the Council Reading File. The PCC’s GIA subcommittee met to review the applications, compare the requests to th e grant criteria, and allocate funding accordingly. On May 18, 2016, the PCC held a public hearing with all applicants to allow for presentation and discussion before the recommendation was forwarded to the City Council for consideration and approval. There were over 15 application representatives present at the meeting. The committee received public comment from the grant applicants and ultimately approved the recommendation for the 2016-17 GIA funding allocations (Attachment F – PCC Minutes May 18, 2016; Attachment G - GIA Funding Recommendations). FISCAL IMPACT The total amount currently budgeted in the 2015-17 Financial Plan for the TBID Fund for 2015- 16 is $1,434,000. In addition, the TBID fund will carry over a fund reserve of $100,000. Use of this amount would be on a contingency basis in the unlikely event that forecast revenues are not realized. Due to the increase in transient occupancy tax, the TBID fund is expected to increase resulting in an un-appropriated fund balance. This amount will not be known until the City’s audited financials for 2015-16 will be substantially complete. The total amount currently budgeted in the 2015-17 Financial Plan for the Community Promotions Program is $403,609 in 2016-17. The PCC recommends the total GIA event funding of $100,000 based on the application process and evaluation. There is sufficient funding for the contracts as recommended by the two advisory bodies. ALTERNATIVES 1. The Council could choose to fund the contracts at different levels or modify the scope of services. The advisory bodies and staff do not recommend adjustments, as the proposed contracts are the result of careful review, discussion, and negotiations between the parties. 2. The Council could direct the advisory bodies and staff to release Request for Proposals 6 Packet Pg. 111 for all the services outlined. This is not recommended since the recommended contractors are well positioned to execute the established work scope in a cohesive and economical manner. 3. The Council could re-allocate funding provided through the GIA process. This is not recommended as the PCC reviewed the applications thoroughly and applied the funding according to the set criteria and expected benefit to the City’s residents and visitors. AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE A hard copy of the Grants in Aid applications are available for public review in the City Clerk’s Office. Attachments: a a - 06-14-2016 Agenda Action Update b b - 05-11-2016 TBID Minutes c c - 06-08-2016 TBID Minutes - DRAFT d d - 2016-17 Line Item Budget Allocations e e - 05-11-2016 PCC Minutes f f - 05-18-2016- GIA Special Meeting g g - GIA 2016-17 Funding Reccommendations h h - BCA.Matchfire 2016-18 Agreement i i - Council Reading File 2016-17 TBID Marketing Plan j j - Council Reading File - Strategic Clarity Summary k k - Council Reading File - 2016-17 TBID Chamber Proposal l l - Council Reading File - SLO WINE TBID 2016-17 proposal m m - Council Reading File - SLOHappenings 2016-17 GFL Proposal n n - Council Reading File SLO Happenings 2016-17 FreshBuzz Proposal o o - Council Reading File 2016-17 PCC Chamber Proposal 6 Packet Pg. 112 Tuesday, June 14, 2016 4:00 PM REGULAR MEETING ACTION UPDATE 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 ITEMS 1. 2016-17 WATER ENTERPRISE FUND REVIEW ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON AND CARRIED 5-0 to: 1. Review and accept the Fiscal Year 2016-17 Water Enterprise Fund report; and 2. Conceptually approve the Fiscal Year 2016-17 Water Enterprise Fund budget, as amended (correction to Table entitled “Changes in Financial Position – Water Fund”, as outlined in the Agenda Correspondence dated June 14, 2016), with final action with the adoption of the 2016-17 Financial Plan Supplement; and 3. Approve the transfer of revenue collected for new development meters to the expenditure account for applicable meter purchases on a quarterly basis. 2. FISCAL YEAR 2016-17 SEWER ENTERPRISE FUND REVIEW ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE AND CARRIED 5-0 to 1. Review and accept the Fiscal Year 2016-17 Sewer Enterprise Fund financials; and 2. Conceptually approve the Fiscal Year 2016-17 Sewer Enterprise Fund budget, with final action with the adoption of the Fiscal Year 2016-17 Financial Plan Supplement. 6.a Packet Pg. 113 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 2 3. 2016-17 TRANSIT ENTERPRISE FUND REVIEW ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON AND CARRIED 5-0 to: 1. Review and accept the Fiscal Year (FY) 2016-17 Transit Enterprise Fund Report; and 2. Conceptually approve the FY 2016-17 Transit Enterprise Fund budget, with the adoption of the 2015-17 Financial Plan Supplement; and 3. Approve a four-year contract, with First Transit, Inc. to operate and maintain the City’s Transit system, as amended (correct discrepancy in Section 23 “Changes” per staff recommendation outlined in Agenda Correspondence dated June 14, 2016) and authorize the Mayor to execute the same; and 4. Authorize the City Manager, or the City Manager’s designee, to execute a one-year agreement extension as amended with Cal Poly for continuation of the Subsidy Agreement for Free Fare ridership on SLO Transit; and 5. As part of Short Range Transit Plan consideration (August, 2016), bring forward final recommendations for service changes and capital improvement investments; and 6. Approve the appropriation of grant money, in the amount of $186, 636, for the upgrade of the SLO Transit Automatic Vehicle Location system. 4. FISCAL YEAR 2016-17 PARKING ENTERPRISE FUND REVIEW ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY VICE MAYOR CARPENTER, CARRIED 5-0 to: 1. Review and discuss the Fiscal Year (FY) 2016-17 Parking Fund Review; and 2. Conceptually approve the FY 2016-17 Parking Enterprise Fund Budget, with final actions with the adoption of the FY 2016-17 Financial Plan Supplement, as amended (amendments to the financial position table); and to direct staff to allocate $100,000 to the 2016-17 land use parking demand model; and 3. Adopt Resolution 10720 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California approving an increase in Parking Citation Fines and Forfeitures for miscellaneous violations.” 6.a Packet Pg. 114 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 3 5. 2014-15 CENTRAL SERVICE COST ALLOCATION PLANS AND COST OF SERVICE FEE STUDY ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to: Simultaneous with the adoption of the 2015-17 Financial Plan: 1. Approve the 2014-15 Central Service Cost Allocation Plans dated May 2016; and 2. Approve the Cost of Service Study completed in December 2014 and updated in May 2016. Recessed at 5:36 p.m. 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 Christianson INTRODUCTIONS 6. CHRIS MILLER, MANAGING DIRECTOR OF THE PERFORMING ARTS CENTER SAN LUIS OBISPO (PAC) City Manager Katie Lichtig introduced Chris Miller, who summarized key goals and objectives for his first six months with the PAC. APPOINTMENTS 7. SHORT-TERM APPOINTMENT TO THE HUMAN RELATIONS COMMISSION (HRC) ACTION: MOTION BY MAYOR MARX, SECOND BY COUNCIL MEMBER ASHBAUGH, CARRIED 5-0 to: 6.a Packet Pg. 115 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 4 1. Approve a leave of absence for HRC Commissioner Maria Troy; and 2. Appoint Nancy Welts to the HRC for a short-term appointment of up to six (6) months effectively immediately. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA There were six speakers who spoke on items not on the agenda. 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. ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCILMEMBER RIVOIRE, CARRIED 5-0 TO APPROVE THE CONSENT CALENDAR AS FOLLOWS: 8. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES WAIVED, 5-0 9. MINUTES OF APRIL 5, 2016 APPROVED, 5-0 10. ADDITION OF THE CONTRIBUTING HISTORIC PROPERTY LOCATED AT 1214 MILL STREET TO THE MASTER LIST OF HISTORIC RESOURCES AS “THE THERESA TORRES TRUE HOUSE” ADOPTED RESOLUTION 10721 (2016 Series), entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adding the property located at 1214 Mill Street to the Master List of Historic Resources, HIST-2842-2019”, 5-0, 11. RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES ADOPTED RESOLUTION 10722 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California authorizing the San Luis Obispo County Auditor to collect fees for 2016-17 Fire and Life Safety Inspections of multi-dwelling properties containing three or more dwelling units on the secured property tax roll pursuant to 6.a Packet Pg. 116 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 5 California Government Code Section 54988”, 5-0 12. REVIEW AND ACCEPTANCE OF THE 2015 GENERAL PLAN ANNUAL REPORT (GENP-3108-2016) REPORT ACCEPTED, 5-0 13. SINSHEIMER PARK PLAYGROUND; SPECIFICATION NO. 90650 APPROVED THE FOLLOWING RECOMMENDATIONS, 5-0: 1. Plans and specifications for the Sinsheimer Park Playground Project (Project), Specification No. 90650; and 2. Authorize staff to advertise for construction bids and authorize the City Manager to award a contract if the lowest responsible bid is less than the Engineer’s Estimate of $529,700; and 3. Transfer of funds from the following accounts to the project’s construction phase account: a. $184,923 from the Play Equipment Replacement Master Account (91103) b. $322,023 from the Playground Equipment 13-14 Account (91246) c. $161,672 from the Santa Rosa Skate Park Account (90752) d. $62,889 from the Completed Projects General Fund Account 4. A California Multiple Award Schedule (CMAS) agreement purchase with Miracle Recreation Equipment Company in an amount not-to-exceed $165,000 for the purchase of play equipment for the Sinsheimer Park Playground project and authorize the Finance Director to execute a purchase order following the bid opening; and 5. A purchase with Columbia Cascade Company in an amount not to exceed $25,000 for the purchase of two embankment slides. 14. REQUEST FOR QUALIFICATIONS - LAND SURVEYING, ARCHITECTURE, CIVIL ENGINEERING, AND PROPERTY ACQUISITION APPROVED THE FOLLOWING RECOMMENDATIONS, 5-0: 1. Request for Qualifications (RFQ) to provide: a. Land Surveying Services, Specification No. 50410.2016.LS b. Architecture Design Services, Specification No. 50410.2016.AD c. Civil Engineering Services, Specification No. 50410.2016.CE d. Property Acquisition Services, Specification No. 50410.2016.ROW; and 2. City Manager to execute agreements with selected consulting firms; and 6.a Packet Pg. 117 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 6 3. Execute and amend Purchase Orders for individual consultant services contracts in an amount not-to-exceed the authorized project budget. 15. APPROVAL OF THE FINAL MAP FOR TRACT 2784, 625 TORO STREET (TR 176-05) ADOPTED RESOLUTION NO. 10723 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the Final Map for Tract 2784 (625 Toro Street, TR 176-05),” and authorized the Mayor to execute a Subdivision Agreement, 5-0 16. ADDITION OF THE PROPERTY AT 535 HIGUERA TO THE MASTER LIST OF HISTORIC RESOURCES AS “THE ROBERT POLLARD HOUSE” ADOPTED RESOLUTION NO. 10724 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California , adding the property at 535 Higuera Street to the Master List of Historic Resources as “The Robert Pollard House” (HIST-2793- 2016)”, 5-0 17. MICROSOFT OFFICE 365 UPGRADE APPROVED THE FOLLOWING RECOMMENDATIONS, 5:0: 1. A purchase order for the purchase of Microsoft Office 365 Government Plan subscription licenses from Dell Computer Corporation in an amount not to exceed $140,500 per year for the next three years; and 2. Waiver of formal bids to cooperatively purchase Microsoft Office 365 licensing using the County of Riverside’s Microsoft Enterprise Agreement #01E73134 as allowed under 3.24.060 E. of the City of San Luis Obispo Muncipal Code; and 3. Finance and Information Technology Director to approve future purchase orders for years two and three; and 4. A contact in the amount of $45,000 to Planet Technologies for the migration of City email to the Microsoft Government Cloud using GSA Contract # GS-35F-0360J. 18. CONTROL SYSTEMS FLEET EXPANSION, SPECIFICATION NO. 91458 APPROVED THE FOLLOWING RECOMMENDATIONS, 5-0: 1. Finance Director to expand the City Fleet by two vehicles; and 2. Finance Director to execute a purchase order to Toyota of San Luis Obispo in the amount of $67,178.06 for the purchase of two 2016 Toyota Crew Cab 4 x 4 pickups. 6.a Packet Pg. 118 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 7 19. URBAN FOREST CONTRACT SERVICES APPROVED THE FOLLOWING RECOMMENDATIONS, 5:0: 1. Request for Proposal for "Urban Forestry Contract Services;" and 2. Staff to advertise for proposals; and 3. City Manager to execute agreements with the selected contractor in an amount not-to- exceed the authorized budget. 20. REQUEST FOR CONTINUED USE OF ON-CALL LIST FOR LEGAL SERVICES AUTHORIZED THE CITY ATTORNEY TO, 5-0: 1. Continued use of the current on-call list for contract legal support; and 2. Review and accept cost of living increase proposals from firms and attorneys on the current on-call list for contract legal support. PUBLIC HEARINGS 21. ADOPTION OF THE 2015 URBAN WATER MANAGEMENT PLAN (UWMP) AND AMENDMENTS TO THE GENERAL PLAN, WATER AND WASTEWATER MANAGEMENT ELEMENT ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY MAYOR MARX AND CARRIED 5-0 to: APPROVE AMENDMENTS TO “WATER SHORTAGE RESPONSE STAGES”, as outlined in Table 1 of the Staff Report (Stage Severe: Strike: “Additional outdoor irrigation restrictions may be added (such as no spray irrigation.” Add:“Water Offset Program for new connections may be increased. Outdoor irrigations may be prohibited or further restricted for all uses. Stage Extreme to include the same language.) ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL MEMBER RIVOIRE AND CARRIED 5-0 TO ADOPT: 1. RESOLUTION 10725 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California approving amendments to the Water and Wastewater Management Element of the General Plan (GENP-3215-2016)” and authorizing Staff to make any necessary changes to make the UWMP interally consistent with changes to Table 1; and 6.a Packet Pg. 119 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 8 2. RESOLUTION 10726 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California approving the 2015 Update to San Luis Obispo’s Urban Water Management Plan”. BUSINESS ITEMS 22. ADOPTION OF 2016-2017 GANN LIMIT AND 2015-17 FINANCIAL PLAN SUPPLEMENTAL BUDGET ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND MAYOR MARX BY AND CARRIED 3-2 (CHRISTIANSON AND RIVOIRE VOTING NO) to: 1. Adopted Resolution 10727 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California adopting the Appropriations Limit for 2016-17,” in compliance with Article XIII B of the State Constitution, Gann Spending Limitation Initiative”; and 2. Received the 2015-17 Financial Plan Supplemental Budget Report, including Major City Goals and Other Important Objectives progress report and the Five Year Forecast update; and 3. Adopted Resolution 10728 (2016 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California approving the 2015-17 Financial Plan Supplement, adopting the 2016-17 Budget, and amending the Fund Balance and Reserve Policy”, as amended (shift $900,000 from the proposed General Fund CIP Infrastructure Designation to the Parkland Development Fund for acquisition of parkland in the Broad Street area near Highway 101 and Foothill Boulevard) and authorizing Staff to make any other changes necessary to reflect Council direction. COUNCIL LIAISON REPORTS (Not to exceed 15 minutes) Council Members report on conferences or other City activities. Time limit—3 minutes each. None. 6.a Packet Pg. 120 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) San Luis Obispo City Council Agenda June 14, 2016 Page 9 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) Council Members Ashbaugh, Christianson and Rivoire; and Mayor Marx provided travel disclosures. ADJOURNMENT Meeting adjourned at 11:05 p.m. The next Regular City Meeting is Tuesday, June 21, 20`6 at 6:00 p.m. Regular City Council Meetings are scheduled for Tuesday, July 21, 2016 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. 6.a Packet Pg. 121 Attachment: a - 06-14-2016 Agenda Action Update (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Minutes Tourism Business Improvement District Board Wednesday, May 11, 2016 Regular Meeting of the Tourism Business Improvement District Board CALL TO ORDER A Regular Meeting of the San Luis Obispo Tourism Business Improvement District Board was called to order on Wednesday, May 11, 2016 at 10:03 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Matthew Wilkins. ROLL CALL Present: Board Members Dean Hutton, Pragna Patel-Mueller, LeBren Young-Harris, and Chair Matthew Wilkins Absent Clint Pearce, Kimberly Walker, and Vice-Chair Nipool Patel Staff Present: Tourism Manager Molly Cano and Recording Secretary Kevin Christian CONSENT AGENDA ITEMS C1. MINUTES OF REGULAR MEETING ON WEDNESDAY, APRIL 13, 2016 ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0, to approve the Minutes of the Tourism Business Improvement District Board meeting on April 13, 2016. C2. SMITH TRAVEL REPORT By consensus, the Committee directed staff to receive and file the Smith Travel Report. C3. CHAMBER PUBLIC RELATIONS REPORT By consensus, the Committee directed staff to receive and file the Chamber Public Relations Report. C4. BCA + STUDIOGOOD MARKETING REPORT By consensus, the Committee directed staff to receive and file the BCA + StudioGood Marketing Report. 6.b Packet Pg. 122 Attachment: b - 05-11-2016 TBID Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Tourism Business Improvement District Board Minutes of May 11, 2016 Page 2 City of San Luis Obispo, Title, Subtitle C5. CHAMBER VISITOR CENTER REPORT By consensus, the Committee directed staff to receive and file the Chamber Visitor Center Report. C6. TOT (TRANSIENT OCCUPANCY TAX) REPORT By consensus, the Committee directed staff to receive and file the Transient Occupancy Tax Report. PRESENTATION ITEMS 1. MARKETING AGENCY MONTHLY REPORT Representative from BCA + StudioGood presented upcoming events, noted they are working on the 2016-17 TBID Marketing Plans, reported on partnership activity, and reviewed the April metrics for sanluisobispovacations.com, #ShareSLO, and various social media. 2. PUBLIC RELATIONS MONTHLY UPDATE Chamber of Commerce Director of Communications, Molly Kern, reported that San Luis Obispo placed high on a recent USA Today reader’s poll; a Liquor.com headline promoted Edna Valley over Napa and Sonoma; that Draft Magazine contained a “road trip” piece featuring SLO craft brews; and reviewed eight additional magazines with upcoming features that mention San Luis Obispo. BUSINESS ITEMS 1. ANNUAL PARTNERSHIP & FUNDING RECOMMENDATIONS TBID Management Committee Member Harris summarized the committee recommendations for funding the San Luis Obispo Chamber of Commerce 2016-17 contract as shown in Attachment A. The Board discussed the recommendation that the new “Live Chat” feature in the contract be for a two-month trial, and discussed the scope of work for guest services. Harris further reported that the Management Committee recommended funding the 2016-17 SLO Wine Country annual partnership. ACTION: MOTION BY BOARD MEMBER HARRIS, SECOND BY BOARD MEMBER HUTTON, CARRIED 4-0, to approve funding for the San Luis Obispo Chamber of Commerce 2016-17 contracts as recommended by the TBID Management Committee, specifically: • Guest Services in the amount of $34,000 a year for the 1-877-SLO-TOWN, Availability, Tradeshows • Special Promotion Partnership in the amount of $8,000 a year 6.b Packet Pg. 123 Attachment: b - 05-11-2016 TBID Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Tourism Business Improvement District Board Minutes of May 11, 2016 Page 3 City of San Luis Obispo, Title, Subtitle • Live Chat Support in the amount of $4,000 for two month trial • Public Relations in the amount of $51,000 a year and jointly funded by the TBID and PCC • Media Monitoring Services in the amount of $8,000 a year ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD MEMBER PATEL-MUELLER, CARRIED 4-0, to approve funding of $18,000 for the San Luis Obispo Wine Country Association 2016-17 contract, as recommended by the TBID Management Committee. 2. 2016-17 BUDGET RECOMMENDATION TBID Management Committee Member Harris summarized the committee recommendations for funding the 2016-17 TBID budget items: “Marketing Contract”; “Events Promotion”; “Tradeshows”; “Tourism Organizations/Research”, and “Support/Meetings”. The Board discussed the recommendations as compared to the 2015-16 expenditures. Board member Patel-Mueller requested that percentages be added to the budget worksheet in the future. ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0, to approve the 2016-17 budget as recommended by the Management Committee. 3. MARKETING AGENCY AGREEMENT AMENDMENTS The Board discussed the need for a 2-year extension of the marketing agency agreement and their concerns regarding conflict of interest, vis-à-vis the agency’s other clients. Tourism Manager Cano reviewed that the Board’s historic position that they didn’t want the agency representing other tourism business. The Board directed the Management Committee to draft an Memorandum of Understanding (MOU) based on these discussions, at minimum defining a geographic region and outside-of-region promotion opportunity restrictions, to be presented to the Board for consideration at a future meeting. 4. TOURISM COORDINATOR JOB DESCRIPTION Tourism Manager Cano reviewed the Tourism Coordinator draft job description, noting that it will be presented to the Human Resources Department following Board approval, and then will be presented to City Council for approval on June 14th, 2016. ACTION: MOTION BY BOARD MEMBER HARRIS, SECOND BY BOARD MEMBER HUTTON, CARRIED 3-0-1, to approve the Tourism Coordinator Job Description as presented (Patel-Mueller abstained). TBID LIAISON REPORTS AND COMMUNICATION 6.b Packet Pg. 124 Attachment: b - 05-11-2016 TBID Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Tourism Business Improvement District Board Minutes of May 11, 2016 Page 4 City of San Luis Obispo, Title, Subtitle 1. HOTELIER UPDATE Tourism Manager Cano reported that two new hotels, The Butler and The Lofts at SLO Brew, are expected to join the district soon. 2. MANAGEMENT COMMITTEE UPDATE No further report. 3. MARKETING COMMITTEE Marketing Committee Member Hutton mentioned that the draft 2016-17 Marketing Plan prepared by the Agency had been presented to the Committee, and noted that attending a business to business (B2B) tradeshow was discussed. 4. PCC UPDATE Chair Wilkins and Tourism Manager Cano reported that the PCC reviewed their Grants in Aid (GIA) applications and that they approved sponsorship funding for the 2016 America in Bloom Annual Symposium to be held in San Luis Obispo in October. 5. VISIT SLO COUNTY UPDATE Tourism Manager Cano stated that the Visit SLO County (VSLOC) research findings profiling visitors to SLO County will be available on June 6, 2016. She further reported that VSLOC have hired a new marketing agency; provided a status update on their strategic plan update; and noted that establishing a quarterly sales review meeting was discussed. 6. TOURISM PROGRAM UPDATE Tourism Manger Cano reported on training for “Helium” and discussed general issues with the program as reported by the properties; reviewed upcoming events and meeting dates; and noted that Council has approved a partnership with Amtrak Surfliner users for complimentary rides on SLO Transit while staying in town. ADJOURNMENT The meeting was adjourned at 12:08 to the next Regular meeting, to be held on Wednesday, June 8th, 2016. Respectfully submitted, Kevin Christian Recording Secretary 6.b Packet Pg. 125 Attachment: b - 05-11-2016 TBID Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Draft – Tourism Business Improvement District Board Minutes of May 11, 2016 Page 5 City of San Luis Obispo, Title, Subtitle 6.b Packet Pg. 126 Attachment: b - 05-11-2016 TBID Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Minutes - DRAFT Tourism Business Improvement District Board Wednesday, June 08, 2016 Regular Meeting of the Tourism Business Improvement District Board CALL TO ORDER A Regular Meeting of the Tourism Business Improvement District Board was called to order on Wednesday, June 8th, 2016 at 10:00 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Matthew Wilkins. ROLL CALL Present: Board Members Dean Hutton, Clint Pearce, LeBren Young-Harris, Vice-Chair Nipool Patel (arrived 10:05), and Chair Matthew Wilkins. Absent: Pragna Patel-Mueller and Kimberly Walker Staff: Tourism Manager Molly Cano, Tourism Intern Maddie Kuber, and Recording Secretary Kevin Christian. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. CONSENT AGENDA ITEMS C1. MINUTES OF REGULAR MEETING ON WEDNESDAY, MAY 11, 2016 ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY BOARD MEMBER HUTTON, CARRIED 4-0, to approve the Minutes of the Tourism Business Improvement District Board meeting on May 11, 2016. C2. SMITH TRAVEL REPORT By consensus, the Board directed staff to receive and file the Smith Travel Report. C3. CHAMBER PUBLIC RELATIONS REPORT By consensus, the Board directed staff to receive and file the Chamber Public Relations Report. C4. BCA + STUDIOGOOD MARKETING REPORT By consensus, the Board directed staff to receive and file the BCA + StudioGood Marketing Report. 6.c Packet Pg. 127 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) C5. CHAMBER VISITOR CENTER REPORT By consensus, the Board directed staff to receive and file the Chamber Visitor Center Report. C6. TOT (TRANSIENT OCCUPANCY TAX) REPORT By consensus, the Board directed staff to receive and file the Transient Occupancy Tax Report. PRESENTATIONS 1. MARKETING AGENCY MONTHLY UPDATE Representative from BCA + StudioGood presented upcoming events, reported on partnership activity, specifically reviewing work with the San Luis Obispo Wine Country Association and the upcoming Bacon and Barrels event, reviewed the May metrics for sanluisobispovacations.com, #ShareSLO, and various social media, commenting that referrals and organic traffic are trending upward, along with noting high growth for Instagram. 2. PUBLIC RELATIONS MONTHLY REPORT Molly Kern, Chamber of Commerce Director of Communications and Business Education, noted the following past month highlights support the “hub and spoke” marketing focus which the Chamber stresses. San Luis Obispo was featured in the Lonely Planet list of the top 25 things to do in California, specially noting the Amtrak Surfliner trips; San Luis Obispo is #18 on Thrillist Travel “25 Best Small US Cities To Spend The Weekend” listing, noting the millennial demographic target market; and a Gear Patrol piece titled “72 hours in San Luis Obispo County”. 3. VISIT SLO COUNTY (VSLOC) ANNUAL UPDATE Chuck Davison from Visit VSLOC presented an update on the Countywide Tourism Marketing District (TMD) activities, including a report on the American Airlines, American Way magazine partnership, an update on the VSLOC consumer research initiative and benchmark development for their strategic plan, and highlighted a Visit California sponsored trip to China. Tourism Business Improvement District Board Minutes of June 8th, 2016 – DRAFT Page 2 6.c Packet Pg. 128 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) BUSINESS ITEMS 1. PRESENTATION OF THE 2016-17 MARKETING PLAN Shari Clark, Account Executive BCA + Studio Good, presented the Marketing Plan for fiscal year 2016-17. Past plan highlights and new components were reviewed. It was noted that two new promotions similar to the “Rainy Day” campaign will be included for 2016-17, that expansion of video for paid media is a 2016-17 Plan focus, and automation for digital and social media marketing are being planned. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HUTTON, CARRIED 5-0, to approve the 2016-17 Marketing Plan as presented. 2. 2016-17 CONTRACTOR WORK SCOPES & AGREEMENTS TERMS The Board reviewed the 2016-17 contractor and partner work scopes for approval contingent upon City Council’s approval of the TBID operating program budget, and the Management sub-Committee presented their recommendation for the 2-year extension of the marketing contract with BCA + Studio Good. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0-1 (Pearce abstained), to approve the scope of work for the Chamber of Commerce as presented. ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY VICE CHAIR PATEL, CARRIED 5-0, to approve the scope of work for the San Luis Obispo Wine Country Association as presented. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER PEARCE, CARRIED 5-0, to approve a two year extension of the BCA + StudioGood contract. 3. MARKETING AGENCY CONFLICT OF INTEREST PARAMETERS Tourism Manger Cano reviewed the conflict of interest parameters presented in a letter of agreement from the marketing agency. By consensus the TBID Board directed staff to receive and file the letter of agreement from BCA + StudioGood outlining competing business parameters. Tourism Business Improvement District Board Minutes of June 8th, 2016 – DRAFT Page 3 6.c Packet Pg. 129 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) 4. 2016-17 EVENT PROMOTION FUNDING RECOMMENDATIONS Marketing sub-committee member Hutton reviewed the proposed 2016-17 Annual Event Promotion Sponsorship. Each item was discussed by the Board with germane details noted below. Public comment was called for on each item with none being offered. SLO Jazz Festival ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY BOARD MEMBER HUTTON, CARRIED 5-0, to approve $15,000 in funding for the SLO Jazz Festival through in-kind marketing support. Earth Day Food and Wine Festival ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HUTTON, CARRIED 5-0 to approve $15,000 in funding for the Earth Day Food and Wine Festival. Festival Mozaic WinterMezzo Chamber Music Series The Board discussed that the recommended funding is incentive based. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER PEARCE, CARRIED 5-0 to approve $5,000 in funding for the Festival Mozaic WinterMezzo Chamber Music Series. Roll Out the Barrels Weekend No funding was allocated at this time. A funding recommendation will be developed following the scheduled 2016 event being held later this month. San Luis Obispo International Film Festival Tourism Manager Cano reviewed past event sponsorship conflict concerns, and the Board discussed that the specific sponsorship funding for this event is to be focused on out of the area advertising and the hosting of the VIP tent. ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY BOARD MEMBER HUTTON, CARRIED 5-0, to approve $23,500 in funding for the San Luis Obispo International Film Festival. SLO Craft Beer Festival The Board discussed that the funding amount will be in-kind advertising through BCA+ Studio Good. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0-1 (Pearce abstained), to approve $9,000 in funding for the SLO Craft Beer Festival. Tourism Business Improvement District Board Minutes of June 8th, 2016 – DRAFT Page 4 6.c Packet Pg. 130 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) SLO Marathon + Half The Board discussed the decline in attendance for the event, the general demographics of the event attendees, and that the recommended funding is to be used for out of the area promotion and the establishment of a medical conference in conjunction with the race. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HUTTON, CARRIED 4-0-1 (Pearce abstained), to approve $15,000 in funding for the SLO Marathon + Half. Sustainable Agriculture Exposition Tourism Manager Cano noted that this is a new event for TBID promotion, reviewed the event’s subject and target demographic, and stressed the timing of the event. ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0-1 (Pearce abstained), to approve $10,000 in funding for the Sustainable Agriculture Exposition. 5. MARKETING COMMITTEE RECOMMENDATIONS Tourism Manager Cano reported on the two promotion requests presented to the TBID Marketing sub-committee and their funding recommendations. Steelhead Summit It was reported that the Steelhead Summit focuses on technical education regarding the restoration and recovery of Steelhead fish habitat. The event is planned to be held mid- week, the week of October 20, 2016. ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY BOARD MEMBER HUTTON, CARRIED 5-0, to approve $ 3,000 in funding for the Steelhead Summit. History Center’s Historical Guided Tour Program A brief review of the History Center’s past request for funding for this program and subsequent denial by the TBID Board was presented, followed by an explanation of how the new request conforms to the TBID Board directions following the past denial. ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY VICE CHAIR PATEL, CARRIED 5-0, to approve $ 6,700 in funding for History Center’s Historical Guided Tour Program. 6. 2016-17 BUDGET AMENDMENTS Tourism Manager Cano reviewed the remainder of the current year budget and presented recommendations for budget amendments for fiscal year 2016-17. Tourism Business Improvement District Board Minutes of June 8th, 2016 – DRAFT Page 5 6.c Packet Pg. 131 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) ACTION: MOTION BY VICE CHAIR PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED 5-0, to approve payment from the current budget for the RaceSLO Arch at $5,000, for the Chamber of Commerce Media Monitoring Service fee of $8,000, for the CCTC membership of $1,000, for the Smith Travel Report of $1,500, for the SLO Wine Country partnership of $18,000, and for the Strategic Plan Update of $8,000. TBID LIASON REPORTS & COMMUNICATION 1. HOTELIER UPDATE No further report 2. MANAGEMENT COMMITTEE UPDATE No further report 3. MARKETING COMMITTEE UPDATE No further report 4. PCC UPDATE None at this time. 5. VISIT SLO COUNTY UPDATE No further report 6. TOURISM PROGRAM UPDATE Tourism Manager Cano thanked Tourism Intern, Mattie Kuber, for her service and offered congratulations on her upcoming graduation. It was noted that a new intern, Katie Conroy, has been hired for the summer school quarter. She reviewed that the TBID Intern position will be considered by the City Council at their June 14, 2016, meeting, that there will be a TBID Management sub-committee meeting on June 28, 2016, and that the TBID program allocations at the City Council meeting on July 12, 2016. ADJOURNMENT The meeting was adjourned at 12:03 p.m. The next Regular TBID meeting is scheduled for Wednesday, July 13, 2016 at 10:00 a.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: XX/XX/2016 Tourism Business Improvement District Board Minutes of June 8th, 2016 – DRAFT Page 6 6.c Packet Pg. 132 Attachment: c - 06-08-2016 TBID Minutes - DRAFT (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) 2016-17 Budget Allocation Recommended by the Tourism Business Improvement District Board Campaign Elements/Contractors Workscope Budget Allocation BCA/StudioGood General Marketing Services $ 814,000 SLO Chamber of Commerce Guest Services: Telephone Fulfillment & Availability Assistance; Live Chat; Promotional Support PR Services Comprehensive program for Public Relations and Media Relations in partnership with PCC Media Monitoring Services** $ 34,000 $ 4,000 $ 8,000 $51,000 $ 8,000** Race SLO Arch Sponsorship 2nd installment of 3-year sponsorship of the inflatable Race SLO arch** $ 5,000** Media & Trade Hosting Costs for host including room, meals, and activities $ 10,000 Smith Travel Research Monthly & weekly in-county data comparison reports** $ 1,500** Central Coast Tourism Council (CCTC) Membership** $ 1,000** Cal Poly Athletics Partnership for 2016-17 Sponsorship & Room Costs $95,500 SLO Wine Association Partnership & Room Costs** $18,000** Event Promotion General Event Promotion $108,532 Tradeshows Travel & Adventure Shows Materials for the Shows Industry Conferences $ 39,000 Strategic Plan Update Mid-Plan Workshop to update 5 year strategic clarity plan** $ 8,000** Marketing Initiatives Getaway Winners Past Due Cal Poly Rooms $ 2,500 $ 1,000 Tourism Expenses $4,000 Total Expenditure $ 1,172,032 * Does not include Staffing & Administration Overhead Fees ** Budget commitments to be paid from 2015-16 program balance 2016-17 Proposed Budget $1,213,532 *** The un-appropriated fund balance will not be known until the entire 2015-16 collection has occurred and the City’s audit has been substantially completed. 6.d Packet Pg. 133 Attachment: d - 2016-17 Line Item Budget Allocations (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) 2016-17 Budget Allocation Recommended by the Promotional Coordinating Committee Campaign Elements/Contractors Workscope Budget Allocation Grants-in-Aid Funding Direct Grant Allocations (based on applications received) Grant Support Program $ 100,000 $ 28,000 Events & Activities Direct Events & Activities Allocations (based on applications received) SLO Happenings Promotion SLO Happenings Technology General Contract Services $ 40,000 $ 30,000 $ 15,900 $ 7,600 SLO Chamber of Commerce Visitors Center Services Operate a Visitors Center in downtown San Luis Obispo to assist tourists with information about tourist attractions. Downtown Maps $ 103,000 $ 8,500 PR Comprehensive program for Public Relations in partnership with TBID $ 34,000 Program Support $ 5,000 Total Expenditure $ 372,000 * Does not include Tourism Manager Staffing Community Promotions Proposed Budget 2016-17 $403,609 6.d Packet Pg. 134 Attachment: d - 2016-17 Line Item Budget Allocations (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Minutes Promotional Coordinating Committee Wednesday, May 11, 2016 Regular Meeting of the Promotional Coordinating Committee CALL TO ORDER A Regular Meeting of the San Luis Obispo Promotional Coordinating Committee was called to order on Wednesday, May 11, 2016 at 5:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Roberson. ROLL CALL Present: Committee Members Daniel Levi, Deborah Lewis, Patricia Loosley, Matthew Wilkins, Vice-Chair Jill Lemieux and Chair Stephanie Roberson Absent: Committee Member Palazzo Staff Present: Tourism Manager Molly Cano and Recording Secretary Kevin Christian CONSENT AGENDA ITEMS C1. MINUTES OF REGULAR MEETING ON WEDNESDAY, APRIL 13, 2016 ACTION: MOTION BY VICE CHAIR LEMIEUX, SECOND BY COMMITTEE MEMBER LEVI, CARRIED 6-0, to approve the Minutes of the Promotional Coordinating Committee meeting of April 13, 2016 as presented. C2. COMMUNITY PROMOTIONS BUDGET REPORT By consensus, the Committee directed staff to receive and file the Community Promotions Budget Report. C3. PUBLIC RELATIONS REPORT By consensus, the Committee directed staff to receive and file the Public Relations Report. C4. GRANTS-IN-AID (GIA) SUPPORT REPORT By consensus, the Committee directed staff to receive and file the Grants-In-Aid Support Report. 6.e Packet Pg. 135 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Promotional Coordinating Committee Minutes of May 11, 2016 Page 2 City of San Luis Obispo, Title, Subtitle C5. VISITOR CENTER REPORT By consensus, the Committee directed staff to receive and file the Visitor Center Report. C6. SLO HAPPENINGS PROMOTIONS REPORT By consensus, the Committee directed staff to receive and file the SLO Happenings Promotions Report. C7. SLO HAPPENINGS TECHNOLOGY REPORT By consensus, the Committee directed staff to receive and file the SLO Happenings Technology Report. C8. TOT (TRANSIENT OCCUPANCY TAX) REPORT By consensus, the Committee directed staff to receive and file the TOT Report. PRESENTATIONS 1. PUBLIC RELATIONS MONTH UPDATE Chamber of Commerce representative, Keri Forsberg, reported that San Luis Obispo placed high on a recent USA Today reader’s poll; a Liquor.com headline promoted Edna Valley over Napa and Sonoma; that Draft Magazine contained a “road trip” piece featuring SLO craft brews; and reviewed eight additional magazines with upcoming features that mention San Luis Obispo. BUSINESS ITEMS 1. 2016-17 BUDGET ALLOCATIONS The Committee discussed Business Item 3 first, then Business Items 1 and 2 together. Vice Chair Lemieux recused herself during discussion of the Chamber of Commerce contract items for the 2016-17. The Committee discussed funding Chamber of Commerce Grants Marketing Support at the same level as 2015-16, the continuation of the Visitor Center contract which is currently mid-cycle in a two-year contract, the importance of the Downtown Maps, and the proposed modification of visitor center hours to accommodate staffing a booth at Farmer’s Market. ACTION: MOTION BY COMMITTEE MEMBER LEWIS, SECOND BY COMMITTEE MEMBER LOOSLEY, CARRIED 5-0, to approve the Chamber of Commerce budget request recommendations and the proposed visitor center staffing hours change, specially: 6.e Packet Pg. 136 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Promotional Coordinating Committee Minutes of May 11, 2016 Page 3 City of San Luis Obispo, Title, Subtitle • Visitor Center Operations $103,000 • Public Relations Services $34,000 and jointly funded by the TBID and PCC • GIA Marketing Support $28,000 • San Luis Obispo City Maps $8,500 The Committee reviewed the GFL Systems, Inc. and FreshBuzz Media budget request items, and discussed their priorities for the SLO Happenings app with the given budget restraints. The Committee determined that the proposed “Facebook Integration” and “Featured Evented / Mini-App” from the GFL Systems, Inc. proposal will not be pursued at this time, and noted that work on “Push Notifications” should not begin until the Committee further defines their needs. Direction on Committee priorities was given to FreshBuzz Media along with a request for them to return with contract item specifics, given the budget parameters shown in Attachment A. ACTION: MOTION BY COMMITTEE MEMBER LEVI, SECOND BY COMMITTEE MEMBER LEWIS, CARRIED 6-0, to approve the overall 2016-17 budget recommendations as shown in attachment A. 2. 2016-17 PARTNERSHIP AGREEMENT RECOMMENDATIONS See above discussion. ACTION: MOTION BY VICE CHAIR LEMIEUX, SECOND BY COMMITTEE MEMBER LOOSLEY, CARRIED 6-0, to approve the 2016-17 Partnership Agreement budget in thhee amount of $15,900 for GFL Technologies. ACTION: MOTION BY COMMITTEE MEMBER LEWIS, SECOND BY VICE CHAIR LEMIEUX, CARRIED 6-0, to approve a 2016-17 Partnership Agreement budget of $30,000 for Freshbuzz Media, with the requirement that they return with details conforming to the given amount. 3. GRANTS-IN-AID – PRELIMINARY RECOMMENDATION This item was addressed prior to Items 1 and 2. The Grants-in-Aid Subcommittee recommended $100,000 for Grant Funding for 2016-17. It was noted that there were two grant applications for the funding cycle that were not recommended for funding, Arts Obispo Radio Campaign and United Way “Flavor of SLO”. The first was determined by the sub-committee to not be in alignment with the mission of the PCC, the second did not attend the mandatory pre-application meeting. The Committee generally discussed the application events and recommended funding allocations. A Special meeting for final acceptance of the recommended allocations is scheduled for May 18, 2016 at 5:30 pm. Public Comment: Bettina Swigger, Executive Director Festival Mozaic, asked what the rubric was for determining the recommended allocations. 6.e Packet Pg. 137 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Promotional Coordinating Committee Minutes of May 11, 2016 Page 4 City of San Luis Obispo, Title, Subtitle Clarification was provided on the criteria used to determine funding allocations. PCC LIAISON REPORTS AND COMMUNICATION 1. GIA UPDATE No further updates. 2. TBID (TOURISM BUSINESS IMPROVEMENT DISTRICT) BOARD REPORT Committee Member Wilkins reported that the TBID agreed to cover 60% of the PR Contract for the Chamber of Commerce. Tourism Manager Cano reported the TBID supported a matching grant fund for the San Luis Obispo Museum of Art that would designate downtown as a “California Creative Community” and allocated additional funding for the Bacon and Barrels San Diego event. 3. TOURISM PROGRAM UPDATE Tourism Manager Cano reported that the City Council committed needed funding for the America in Bloom program at their May 3rd, 2016 meeting. It was noted that a “champion” (community group or citizen) needs to be found for this program. She further reported that the current Tourism Intern will complete her tenure the week of June 6th and that a new summer intern is being sought; noted the upcoming month events include the SLO Jazz Festival, Roll Out the Barrels, and Bacon and Barrels in San Diego; stated an Events applications meeting will be held on June 1st; and noted that City Council has approved a partnership with Amtrak Surfliner users for complimentary rides on SLO Transit while staying in town. ADJOURNMENT The meeting adjourned at 6:59 p.m. to the next Regular meeting to be held on June 8th, 2016, 5:30 p.m. Respectfully submitted, Kevin Christian, Recording Secretary 6.e Packet Pg. 138 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Promotional Coordinating Committee Minutes of May 11, 2016 Page 5 ATTACHMENT A City of San Luis Obispo, Title, Subtitle 2016-17 PCC Line Item Budget Allocations Updated: 5/4/16 Budget 2015-16 2016-17 2016-17 Budget $ 396,029 $ 403,609 $ 403,609 Total Budget $ 396,029 $ 403,609 $ 403,609 Expenditure Recommendation Requests 2015-16 2016-17 2016-17 Contractor GIA $ 123,000 $ 128,000 $ 128,000 Grant Funding $ 95,000 $ 100,000 $ 100,000 Various Recipients Grants Marketing Support $ 28,000 $ 28,000 $ 28,000 Chamber of Commerce EVENTS $ 84,300 $ 85,900 $ 67,700 Events Promotion Funding $ 40,000 $ 40,000 Various Recipients SLO Happenings Program - Technology $ 16,000 $ 15,900 $ 31,900 GFL Technologies SLO Happenings Program- Marketing $ 28,300 $ 30,000 $ 35,800 Fresh Buzz Media CONTRACT SERVICES $ 155,500 $ 153,100 $ 145,500 General Contract Services $ 12,000 $ 7,600 Various Contractors Visitors Center $ 103,000 $ 103,000 $ 103,000 Chamber of Commerce 6.e Packet Pg. 139 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & Promotional Coordinating Committee Minutes of May 11, 2016 Page 6 ATTACHMENT A City of San Luis Obispo, Title, Subtitle PR Contract $ 32,000 $ 34,000 $ 34,000 Chamber of Commerce Downtown Maps $ 8,500 $ 8,500 $ 8,500 Chamber of Commerce ADMINISTRATION $ 33,229 $ 36,609 $ 36,609 Support Cost $ 5,000 $ 5,000 $ 5,000 Staff / Support Administration (.25 FTE) $ 28,229 $ 31,609 $ 31,609 Staff / Support Total $ 396,029 $ 403,609 $ 310,109 6.e Packet Pg. 140 Attachment: e - 05-11-2016 PCC Minutes (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & Promotional Coordinating Committee Special Meeting Minutes Wednesday, May 18, 2016 5:30 pm City Hall - Council Hearing Room CALL TO ORDER: Chair Stephanie Roberson PRESENT: LeMieux, Roberson, Loosley, Wilkins, Lewis STAFF PRESENT: Molly Cano, Tourism Manager PUBLIC HEARING 1. GRANTS-IN-AID 2016-17 The public hearing was scheduled to allow the Grants-in-Aids applicants to address the committee regarding the preliminary recommendation as discussed during the May 11, 2011 regular committee meeting. Many recipients provided words of thanks for the grant awards. ACTION: Moved by Lewis/Loosley to recommend to the City Council the 2016-17 GIA award allocation for BravoSLO in the amount of $3000. Motion carried 4:0:1 Abstention by Roberson ACTION: Moved by LeMieux/Lewis to recommend to the City Council the 2016-17 GIA award allocations as approved during the May 18, 2016 PCC Special Meeting. Motion carried 5:0 Meeting adjourned at 6:02 pm 6.f Packet Pg. 141 Attachment: f - 05-18-2016- GIA Special Meeting (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Organization Contact Name Event(s)Event Dates Special Meeting # of Prior Yrs Granted 2016-17 Request Committee Recommendation Comments & Funding Requirements PCC Liaisons 1 Almond Country Quilt Guild Cheryl Zelus Seven Sisters Quilt Show June 24 & June 25, 2017 yes 3 $7,500.00 $ 4,300.00 Funding to be used toward advertising expenses as outlined as the prioritized funding request within the application, specifically local newspaper advertising, niche marketing out of the area, printing of the posters and rack cards, and online marketing. 2 Cal Poly Corporation (for Cal Poly Arts)Denise Leader Stoeber Cal Poly Arts Broadway Series October 30, 2016, December 12 or 13, 2016, January 17, 2017, June 2, 2017 yes 2 $7,500.00 $ 4,000.00 Funding to be used toward the media plan expenses as outlined within the application, specifically the regional TV and radio ads. 3 California Poppy Foundation Mike Gasbarra Holiday Beer Festival December 17, 2016 yes 0 $12,000.00 $ 3,000.00 Funding to be used toward the media plan expenses, specifically radio, Facebooks, and local print like New Times. 4 Canzona Women's Ensemble Erin McCall Canzona Women's Ensemble Concerts (Choral Music)November 6, 2016, March, 2017 (TBD)yes 3 $6,500.00 $ 4,050.00 Funding to be used toward the prioritized funding requests as outlined within the application, excluding the request for mailings. 5 Central Coast Shakespeare Festival Zoe Saba Shakespeare Under the Stars July 14, 2016 - August 6, 2016 yes 2 prior to 2008 $7,610.00 $ 4,710.00 Funding to be used toward the priority 1 print ad requested as outlined within the application. 6 Cuesta College Foundation Penny Porter Friends of the CPAC 6th Annual Gala November 13, 2016 yes 0 $5,000.00 $ 4,500.00 Funding to be used toward the prioritized project complements including adverting and the printing of postcards and posters. Grant funds must not be used for toward the program printing expenses. 7 Ecologistics, Inc.Stacey Hunt Deep Green Convergence October 21-23, 2016 yes 0 $12,000.00 $ 7,155.00 Funding to be used toward the radio ands newspaper advertising expenses as outlined within the application. 8 Festival Mozaic Bettina Swigger Festival Mozaic Live Concert Broadcast in Mission Plaza July 20,2016 yes 0 $8,500.00 $ 4,400.00 Funding to be used only toward the promotional costs for the media plan as outlined within the application. (Main event termed out: funding for special feature/new event addition) 9 Foundation for San Luis Obispo County Public Libraries Susan Poteet Book and Author Series (Formerly Literary Salon)February, April and May 2017 yes 2 $12,000.00 $ 5,800.00 Funding to be used toward the prioritized project component request for funding of the online and social media advertising, print/display ads, and radio. Remaining minimal funding to be used toward the tv ads. 10 History Center of San Luis Obispo County Eva Ulz Friday Night at the Museum July 2016-June 2017 yes 1 $2,975.00 $ 2,975.00 Grant requests is full funded as requested. Funds to be used toward the prioritized project components as outlined within the application. 11 Opera San Luis Obispo Sharon Dobson La boheme: A City-Wide Arts Collaboration October 15-16, 2015 yes 5 $12,000.00 $ 4,000.00 Funding to be used equally toward radio and print advertising. 12 Orchestra Novo Zette Harbour Oz with Orchestra December 31, 2016 yes 0 $11,997.00 $ 5,077.00 Funding to be used toward Central Coast public radio and New Times advertising as presented within the media plan, and the placement of the street banner. 13 Performing Arts Center, San Luis Obispo Andrea Castillo BravoSLO October 1, 2016 yes 0 $5,000.00 $ 3,000.00 Funding to be used toward the prioritized project component requests, specifically $2000 toward print advertising and $1000 toward radio advertising. 14 Saint Andrew Greek Orthodox Church Susan Gerakaris An Evening in Greece October 15, 2016 yes 2 $4,500.00 $ 3,000.00 Funding to be used toward the media plan as presented. 15 San Luis Obispo Classical Academy Cozy Faber An Evening with Garrison Keillor November 16, 2016 yes 0 $12,000.00 $ 5,683.00 Funding to be used toward the prioritized list of project components requested, specifically television media advertising, social media advertising, and print media advertising. 16 San Luis Obispo County Arts Council dba ARTS Obispo Angela Tahti A year-long radio marketing campaign July 2016-June 2017 yes 0 $3,641.40 $ - Funding not recommended. 17 San Luis Obispo County Arts Council dba ARTS Obispo Angela Tahti Children's Day in the Plaza with Passport to the Arts April , 2017 yes 2 $4,500.00 $ 4,500.00 Grant requests is full funded as requested. Funds to be used toward the prioritized project components as outlined within the application. 18 San Luis Obispo Little Theatre Patty Thayer SLO Little Theatre 70th Anniversary Season July 1, 2016 - June 30, 2017 yes 4 $7,000.00 $ 7,000.00 Grant requests is full funded as requested. Funds to be used toward the prioritized project components as outlined within the application. 19 San Luis Obispo Railroad Museum Tom Mitchell Central Coast Railroad Festival October 7, 8, 9 2016 yes 4 $10,000.00 $ 3,750.00 Funding to be used toward media plan, specifically radio ads, Tribune ads, and Trains Magazine are presented within the media plan. 20 San Luis Obispo Soccer Club Hugh Payne SLO Summer Classic 2016 August 5, 6, 7, 2016 yes 4 $5,770.00 $ 2,000.00 Funding to be used toward the media plan. 1st year on the sustainability track for funding. 21 San Luis Obispo Vocal Arts Ensemble Sarah Maggelet Vocal Arts Ensemble 40th Anniversary Year September 2016 - June 2017 yes 4 $7,500.00 $ 6,000.00 Funding to be used toward the media buy requested within the prioritized list on project components. Grant funding excludes the request for graphic design of marketing materials. 22 SLO Downtown Association Jennifer DiSanto 41st Annual Holiday Parade December 2, 2016 yes 1 $5,443.00 $ 2,500.00 Funding to be used toward the prioritized list of project components as requested within the application. 23 SLO Downtown Association Jennifer DiSanto 21st Annual Concerts in the Plaza Fridays, June 10th - September 9th, 2016 yes 1 $10,021.00 $ 2,500.00 Funding to be used toward the prioritized list of project components as requested within the application. 24 SLO Downtown Association Jennifer DiSanto Santa's House Friday, November 25th - Saturday, December 24th 2016 yes 0 $4,486.00 $ 2,500.00 Funding to be used toward the prioritized list of project components as requested within the application. 25 SLO Noor Foundation Consuelo Meux Compassionate Hearts of Noor June 25, 2017 yes 1 $3,600.00 $ 3,600.00 Grant request is full funded as requested. Funds to be used toward the prioritized project components as outlined within the application. 26 United Way of San Luis Obispo County Rachel Cementina Flavor of SLO 2016 April 29, 2017 no 3 $5,437.00 $ - Funding not recommended due to no attendance at the mandatory application meeting. $ 194,480 $ 100,000 2016-17 GIA Reccomendations 6.g Packet Pg. 142 Attachment: g - GIA 2016-17 Funding Reccommendations (1406 : 2016-17 COMMUNITY PROMOTIONS 1 FIRST EXTENSION OF AGREEMENT THIS FIRST EXTENSION OF AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and BCA/Matchfire (as successor in interest to Studio Good), hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on July 8, 2014, the City entered into an Agreement with Contractor for marketing services (the “Agreement”). The term of the Agreement was for two years terminating on June 30, 2016. The Agreement allowed for two two-year extensions by mutual consent of the parties; and WHEREAS, the Contractor has performed the terms and conditions of the Agreement to the City’s and TBID’s satisfaction; and WHEREAS, on June 8, 2016 the TBID received a presentation from Contractor regarding a first extension of the Agreement for fiscal years 2016-17 and 2017-18 based on the TBID’s request; and WHEREAS, the TBID recommended extending the Agreement for a two-year term as permissible under the initial Agreement terms; and WHEREAS, the City considered the TBID’s recommendation and approved the Agreement extension. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. The term of the Agreement is hereby extended for an additional two years, terminating on June 30, 2018 unless further extended by mutual agreement of both parties. 2. City will pay and Contractor shall receive compensation in a total sum not to exceed $814,500 for 2016- 17 and $814,500 for 2017-18. 3. All other terms and conditions in the Agreement shall remain in full force and effect and are incorporated herein by this reference. [Signatures on following page] 6.h Packet Pg. 143 Attachment: h - BCA.Matchfire 2016-18 Agreement (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) 2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk Jan Howell Marx, Mayor APPROVED AS TO FORM: CONTRACTOR: By: City Attorney Barnett Cox & Associates 6.h Packet Pg. 144 Attachment: h - BCA.Matchfire 2016-18 Agreement (1406 : 2016-17 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC) Meeting Date: 7/12/2016 FROM: Deanna Cantrell, Chief of Police Prepared By: Melissa Ellsworth, Senior Administrative Analyst SUBJECT: 2016 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM APPLICATION RECOMMENDATION 1. Authorize staff to submit an application for a 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $13,873. 2. If the grant is awarded, authorize the City Manager to execute necessary grant documents and direct the appropriation of monies into the accounts required to administer the grant. DISCUSSION Grant Program Information The U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to the State and local jurisdictions. JAG funds may be used to fund technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems for any of the following purpose areas: 1. Law enforcement programs 2. Prosecution and court programs 3. Prevention and education programs 4. Corrections and community corrections programs 5. Drug treatment and enforcement programs 6. Planning, evaluation, and technology improvement programs 7. Crime victim and witness programs (other than compensation) The JAG Program is a non-competitive formula grant and the funding allocation is based on the population and crime rate of the local jurisdiction. The amount available to the City of San Luis Obispo for 2016 is $13,873. JAG Program funds must be used to supplement existing local funds for program activities and cannot replace or supplant funds that have been appropriated for the same purpose. The grant application was due on June 30th, 2016. Due to timing restrictions, staff has already submitted the grant application; however if Council requests that the application be retracted, staff will contact the granting agency. 7 Packet Pg. 145 Proposed Use of Grant Funds The department utilizes the range frequently to engage in staff training to ensure officers are thoroughly trained using their firearms. Currently, the range consists of outdated cardboard static targets. Staff is interested in purchasing a pneumatic target system to further enhance training. A pneumatic target system can add new elements to tactical scenarios and can also provide a more realistic environment for specialized training. CONCURRENCES The Director of the Finance and Information Technology Department concurs with the staff recommendation. FISCAL IMPACT City matching funds are not required for this grant. The City may draw down any or all JAG funds after acceptance of the award. To do so, a trust fund must be established in order to maintain the funds separate from the General Fund. ALTERNATIVES 1. Modify the staff recommendation. Council may direct staff to apply for the JAG funds for a different purpose, as long as the use is consistent with the purpose areas described in this report. 2. Do not submit a grant application. Council may direct staff to not submit a grant application. The alternative is not recommended. The JAG Program is non-competitive and the funds have already been allocated to our City upon application, as long as the use is consistent with the purpose areas described in this report. 7 Packet Pg. 146 Meeting Date: 7/12/2016 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Kyle Rowland, Project Manager SUBJECT: LOS OSOS VALLEY ROAD/US 101 INTERCHANGE IMPROVEMENT PROJECT LANDSCAPE AND MITIGATION, SPECIFICATION NO. 91435 - COOPERATIVE AGREEMENT WITH CALTRANS RECOMMENDATION Approve a Cooperative Agreement with the State of California Department of Transportation (Caltrans) to allow for the construction and maintenance of the Los Osos Valley Road/US 101 Interchange Improvements Project - Landscape, Irrigation, Environmental Mitigation, and Erosion Control Design, Specification No. 91435. DISCUSSION The Los Osos Valley Road Interchange project began construction in the Fall of 2014 and is currently in project closeout. The landscaping and environmental mitigation components of the project were programmed as a later phase and the parent project plans did not include landscape and mitigation. This scope of work is currently being designed by Oasis Associates Inc., under the direction of the City and Caltrans. The planting and implementation is a joint effort between Caltrans and the City which is anticipated to be finished in Fall 2016. To establish the specific roles and responsibilities of Caltrans and the City during construction, a Cooperative Agreement has been drafted by Caltrans and City staff for Council approval. The agreement for this project follows a similar agreement for project development approved by Council on April 15, 2014 for the interchange project. FISCAL IMPACT There is no impact to the General Fund as part of approval of the Cooperative Agreement. The Cooperative Agreement in and of itself does not cost any money; however, it outlines what is considered “Project” costs for the landscape project and the City fiscal responsibilities. These costs and responsibilities are as anticipated and currently budgeted for. ENVIRONMENTAL REVIEW The City’s approval of the Cooperative Agreement is not subject to environmental review as it is not a “project” within the meaning of the California Environmental Quality Act. 8 Packet Pg. 147 ALTERNATIVES Modify the Cooperative Agreement. The Council could choose to modify provisions of the Agreement. This is not recommended since the provisions of the agreement are typical of all State highway projects. Additionally, any modifications would require concurrence by Caltrans which could delay construction of the project. Should Council want to pursue modifications, staff recommends that Council authorize the Public Works Director to pursue the Council identified modifications and sign the agreement with any modifications that receive Caltrans approval. Deny Cooperative Agreement. The Council could choose to deny the Agreement with Caltrans, thereby denying the request to process the landscape portion of the interchange project. If the agreement is denied, the project cannot move forward and the City will not be fulfilling environmental requirements that were conditioned as part of the interchange project approval. Attachments: a a - 91435 Agreement with_ Caltrans 8 Packet Pg. 148 AGREEMENT 05-0312 Project No. 0516000076 EA 0H731 05-SLO-101-25.5/26.30 COOPERATIVE AGREEMENT COVER SHEET Work Description LOVR/Interchange Landscape Mitigation Project-on Route 101 at Los Osos Valley Road in the City of San Luis Obispo Contact Information CALTRANS Aaron Henkel, Project Manager 50 Higuera St. San Luis Obispo, CA 93401 Office Phone: (805) 549-3084 Email: aaron.henkel@dot.ca.gov CITY OF SAN LUIS OBISPO Kyle Rowland, City Project Manager 919 Palm Street San Luis Obispo, CA 93401 Office Phone: (805)783-7717 Email: krowland@slocity.org PACT Project Development Agreement 2015-03-12 (Created 06/21/16) i 8.a Packet Pg. 149 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) Cover Sheet AGREEMENT 05-0312 Project No. 0516000076 Table of Contents RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 2 Sponsorship ...................................................................................................................................... 2 Funding ............................................................................................................................................ 2 Implementing Agency ...................................................................................................................... 3 Independent Quality Assurance ....................................................................................................... 3 CEQA/NEPA Lead Agency ............................................................................................................. 3 Environmental Permits, Approvals and Agreements ....................................................................... 4 Plans, Specifications, and Estimate (PS&E) .................................................................................... 4 Right of Way (R/W) ......................................................................................................................... 5 Construction ..................................................................................................................................... 6 Schedule ........................................................................................................................................... 9 Additional Provisions ....................................................................................................................... 9 GENERAL CONDITIONS ................................................................................................................ 12 DEFINITIONS .................................................................................................................................... 16 SIGNATURES .................................................................................................................................... 20 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 Invoicing and Payment ..................................................................................................................... 2 Plans, Specifications, and Estimate (PS&E) ............................................................................... 2 Right of Way Support (R/W SUPPORT) .................................................................................... 2 Right of Way Capital (R/W CAPITAL) ..................................................................................... 2 CONSTRUCTION SUPPORT ................................................................................................... 2 CONSTRUCTION CAPITAL .................................................................................................... 2 Signatures ......................................................................................................................................... 3 CLOSURE STATEMENT.................................................................................................................... 2 PACT Project Development Agreement 2015-03-12 (Created 06/21/16) ii 8.a Packet Pg. 150 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) Cover Sheet AGREEMENT 05-0312 Project No. 0516000076 Please note: 1. CITY'S R/W Support work is not covered by the Spending Summary. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) iii 8.a Packet Pg. 151 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 EA 0H731 05-SLO-101-25.5/26.30 COOPERATIVE AGREEMENT State Independent Quality Assurance This AGREEMENT, effective on _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of San Luis Obispo, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. RECITALS 1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per the California Streets and Highways Code sections 114 and 130. 2. For the purpose of this AGREEMENT, LOVR/Interchange Landscape Mitigation Project-on Route 101 at Los Osos Valley Road in the City of San Luis Obispo will be referred to hereinafter as PROJECT. The project scope of work is defined in the PROJECT initiation and approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or Project Report). 3. All responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as OBLIGATIONS: • Plans, Specifications, and Estimate (PS&E) • Right of Way Support (R/W SUPPORT) • Right of Way Capital (R/W CAPITAL) • CONSTRUCTION SUPPORT • CONSTRUCTION CAPITAL 4. This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between PARTNERS regarding the PROJECT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 1 of 20 8.a Packet Pg. 152 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 5. The following work associated with this PROJECT has been completed or is in progress: • CITY approved the Mitigated Negative Declaration on August 16, 2011 (Cooperative Agreement No. 05-0274). • CITY approved the Categorical Exemption on September 22, 2011 (Cooperative Agreement No. 05-0274). 6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms. 7. PARTNERS hereby set forth the terms, covenants, and conditions of this AGREEMENT, under which they will accomplish OBLIGATIONS. RESPONSIBILITIES Sponsorship 8. CITY is the SPONSOR for the PROJECT COMPONENTS in this AGREEMENT. Funding 9. Funding sources, funding amounts, and invoicing/payment details are documented in the FUNDING SUMMARY. The FUNDING SUMMARY is incorporated and made an express part of this AGREEMENT. PARTNERS will execute a new FUNDING SUMMARY each time the funding details change. The FUNDING SUMMARY will be executed by a legally authorized representative of the respective PARTNERS. The most current fully executed FUNDING SUMMARY supersedes any previous FUNDING SUMMARY created for this AGREEMENT. Replacement of the FUNDING SUMMARY will not require an amendment to the body of this AGREEMENT unless the funding changes require it. 10. Each PARTNER is responsible for the costs they incur in performing the OBLIGATIONS of this AGREEMENT unless otherwise stated in this AGREEMENT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 2 of 20 8.a Packet Pg. 153 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 Implementing Agency 11. CITY is the IMPLEMENTING AGENCY for PS&E. 12. CITY is the IMPLEMENTING AGENCY for RIGHT OF WAY. 13. CITY is the IMPLEMENTING AGENCY for CONSTRUCTION. 14. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality Management Plan (QMP) for that component as part of the PROJECT MANAGEMENT PLAN. The Quality Management Plan describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The Quality Management Plan is subject to CALTRANS review and approval. 15. Any PARTNER responsible for completing WORK shall make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT COMPONENT work that may occur under separate agreements. Independent Quality Assurance 16. CALTRANS will provide Independent Quality Assurance for the portions of WORK within the existing and proposed SHS right-of-way. CALTRANS’ Independent Quality Assurance efforts are to ensure that CITY's quality assurance activities result in WORK being developed in accordance with the applicable standards and within an established Quality Management Plan. Independent Quality Assurance does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking work performed by another party. When CALTRANS performs Independent Quality Assurance it does so for its own benefit. No one can assign liability to CALTRANS due to its Independent Quality Assurance. CEQA/NEPA Lead Agency 17. CALTRANS is the CEQA Lead Agency for the PROJECT. 18. CALTRANS is the NEPA Lead Agency for the PROJECT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 3 of 20 8.a Packet Pg. 154 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 Environmental Permits, Approvals and Agreements 19. PARTNERS will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to each PARTNER’s responsibilities in this AGREEMENT. 20. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 21. The PROJECT requires the following environmental requirements/approvals: ENVIRONMENTAL PERMITS/REQUIREMENTS 404, US Army Corps Of Engineers 401, Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES), State Water Resources Control Board 1602 California Department of Fish and Wildlife Plans, Specifications, and Estimate (PS&E) 22. As IMPLEMENTING AGENCY for PS&E, CITY is responsible for all PS&E WORK except those PS&E activities and responsibilities that are assigned to another PARTNER in this AGREEMENT and those activities that may be specifically excluded. 23. CALTRANS will be responsible for completing the following PS&E activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) Independent Quality Assurance 24. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 4 of 20 8.a Packet Pg. 155 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the Utility Agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate. Right of Way (R/W) 25. As IMPLEMENTING AGENCY for R/W, CITY is responsible for all R/W SUPPORT WORK except those R/W SUPPORT activities and responsibilities that are assigned to another PARTNER in this AGREEMENT and those activities that may be specifically excluded. 26. CALTRANS will be responsible for completing the following R/W SUPPORT activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) Independent Quality Assurance 27. The selection of R/W personnel and WORK within the completed PROJECT’s SHS right-of- way will be performed in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements. 28. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy. 29. CITY will provide CALTRANS a copy of conflict maps, Relocation Plans, proposed Notices to Owner, Reports of Investigation, and Utility Agreements (if applicable) for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the Utility Agreement. All utility conflicts will be fully addressed prior to Right of Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate. 30. CITY will determine the cost to positively identify and locate, protect, relocate, or remove any utility facilities whether inside or outside SHS right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts. 31. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 5 of 20 8.a Packet Pg. 156 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 32. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all right-of-way activities. A qualified right-of-way agent will administer all right-of-way consultant contracts. CITY will submit a draft Right of Way Certification document to CALTRANS six (6) weeks prior to the scheduled Right of Way Certification milestone date for review. CITY will submit a final Right of Way certification document to CALTRANS for approval prior to the PROJECT advertisement. 33. Physical and legal possession of right-of-way must be completed prior to construction advertisement, unless PARTNERS mutually agree to other arrangements in writing. Right of way conveyances must be completed prior to OBLIGATION COMPLETION, unless PARTNERS mutually agree to other arrangements in writing. 34. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name. 35. The California Transportation Commission is responsible for hearing and adopting Resolutions of Necessity. Construction 36. As IMPLEMENTING AGENCY for CONSTRUCTION, CITY is responsible for all CONSTRUCTION SUPPORT WORK except those CONSTRUCTION SUPPORT activities and responsibilities that are assigned to another PARTNER in this AGREEMENT and those activities that may be specifically excluded. 37. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) Independent Quality Assurance 285.05.15.xx Change Order Acceptance as required in this Agreement 270.20.45.xx SWPPP/WPCP Review & Approval PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 6 of 20 8.a Packet Pg. 157 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 38. CITY will include a Disadvantaged Business Enterprise (DBE) utilization goal in the PROJECT construction contract(s) in accordance with the Local Assistance Procedures Manual. CITY will award the construction contract to the lowest responsive bidder who makes a Good Faith Effort to meet the DBE goal. 39. CALTRANS will not issue an Encroachment Permit to CITY for construction work until CALTRANS accepts: • The final Plans, Specifications, and Estimate • The Right-of-Way Certification 40. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications. 41. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract. 42. CALTRANS will not issue an Encroachment Permit to CITY's construction contractor until CALTRANS accepts: • The payment and performance bonds • The CONSTRUCTION Quality Management Plan 43. CITY will provide a Resident Engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities. 44. CITY will provide a landscape architect who will be responsible for all landscaping activities within the SHS. 45. The CONSTRUCTION Quality Management Plan will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and source inspection Quality Management Plan is subject to review and approval by the State Materials Engineer. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 7 of 20 8.a Packet Pg. 158 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 46. The CONSTRUCTION Quality Management Plan will address the radiation safety requirements of the California Code of Regulations 17 CCR § 30346 when the work will require Gamma-Gamma Logging acceptance testing for CIDH pile or whenever else it is applicable. In accordance with these regulations CITY, as the "well operator", will have a written agreement with any consultant or external entity performing these tests. 47. CALTRANS will review and concur with: • Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation. • The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP). 48. If CONSTRUCTION CAPITAL is funded with state or federal funds then CITY will administer and process all construction contract claims using a CALTRANS-approved process. CALTRANS will provide Independent Quality Assurance for the claims process. 49. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System. 50. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System within the PROJECT limits as part of the construction contract until the following conditions are met: • Any required Maintenance Agreements are executed for the portions of SHS for which relief of maintenance is to be granted. • CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof. 51. After OBLIGATION COMPLETION SHS maintenance will be handled through an existing maintenance agreement. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 8 of 20 8.a Packet Pg. 159 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 52. Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY shall furnish CALTRANS with a complete set of “As- Built” plans and Change Orders, including any changes authorized by CALTRANS, on a CD ROM and in accordance with CALTRANS’ then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice. The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 7.0 or later. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format. The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and Records of Surveys prepared to satisfy the requirements of the California Land Surveyors Act (Business and Professions Code sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, including sections 8762 and 8771, shall contain the filing information provided by the county in which filed. 53. Upon OBLIGATION COMPLETION, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the SHS within SHS right-of- way as part of WORK become the property of CALTRANS. CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside the SHS right-of-way. Schedule 54. PARTNERS will manage the schedule for OBLIGATIONS through the work plan included in the PROJECT MANAGEMENT PLAN. Additional Provisions 55. PARTNERS will perform all OBLIGATIONS in accordance with federal and California laws, regulations, and standards; FHWA STANDARDS; and CALTRANS STANDARDS. 56. CALTRANS retains the right to reject noncompliant WORK, protect public safety, preserve property rights, and ensure that all WORK is in the best interest of the SHS. 57. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 58. PARTNERS will invite each other to participate in the selection of any consultants who participate in OBLIGATIONS. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 9 of 20 8.a Packet Pg. 160 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 59. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right-of-way. Contractors and/or agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, and utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT shall prevail. 60. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the PROJECT COMPONENT WORK. 61. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTNER will notify all PARTNERS within twenty-four (24) hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 62. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the PROJECT in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section 6254.5(e) shall protect the confidentiality of such documents in the event that said documents are shared between PARTNERS. PARTNERS will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 63. If a PARTNER receives a public records request pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public documents. PARTNERS will consult with each other prior to the release of any public documents related to the PROJECT. 64. If HM-1 or HM-2 is found during a PROJECT COMPONENT, the IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify PARTNERS. 65. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing SHS right-of-way. CALTRANS will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to the PROJECT schedule. CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM MANAGEMENT ACTIVITIES related to HM-1 found within the existing SHS right-of-way. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 10 of 20 8.a Packet Pg. 161 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 66. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing SHS right-of-way. CITY will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HM-1 with minimum impact to the PROJECT schedule. CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM MANAGEMENT ACTIVITIES related to HM-1 found within the PROJECT limits and outside of the existing SHS right-of-way. 67. If HM-2 is found within the PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM-2. 68. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition. 69. CITY will accept, reject, compromise, settle, or litigate claims of any non-AGREEMENT parties hired to complete OBLIGATIONS. 70. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on the claim. 71. If the PROJECT expends state or federal funds, each PARTNER will comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTNERS will ensure that any for-profit party hired to participate in the OBLIGATIONS will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the PROJECT these principles and requirements apply to all funding types included in this AGREEMENT. 72. If the PROJECT expends state or federal funds, each PARTNER will undergo an annual audit in accordance with the Single Audit Act and the federal Office of Management and Budget (OMB) Circular A-133. 73. If the PROJECT expends federal funds, any PARTNER that hires an A&E consultant to perform WORK on any part of the PROJECT will ensure that the procurement of the consultant and the consultant overhead costs are in accordance with Chapter 10 of the Local Assistance Procedures Manual. 74. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 11 of 20 8.a Packet Pg. 162 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 75. If WORK stops for any reason, each PARTNER will continue to implement all of its applicable commitments and conditions included in the PROJECT environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, as they apply to each PARTNER’s responsibilities in this AGREEMENT, in order to keep the PROJECT in environmental compliance until WORK resumes. 76. Fines, interest, or penalties levied against a PARTNER will be paid by the PARTNER whose action or lack of action caused the levy. 77. If there are insufficient funds available in this AGREEMENT to place PROJECT right-of-way in a safe and operable condition, the appropriate IMPLEMENTING AGENCY will fund these activities until such time as PARTNERS amend this AGREEMENT. That IMPLEMENTING AGENCY may request reimbursement for these costs during the amendment process. 78. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on SHS within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will prepare the Project History File in accordance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three- ring binder and on a CD ROM in PDF format. GENERAL CONDITIONS 79. PARTNERS understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTNER initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located. 80. All CALTRANS’ OBLIGATIONS under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 12 of 20 8.a Packet Pg. 163 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 81. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 82. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 83. PARTNERS do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this AGREEMENT. PARTNERS do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. 84. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not signatory to this AGREEMENT without an amendment to this AGREEMENT. 85. CITY will not interpret any ambiguity contained in this AGREEMENT against CALTRANS. CITY waives the provisions of California Civil Code section 1654. A waiver of a PARTNER’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision. 86. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary. 87. If any PARTNER defaults in its OBLIGATIONS, a non-defaulting PARTNER will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTNER fails to do so, the non-defaulting PARTNER may initiate dispute resolution. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 13 of 20 8.a Packet Pg. 164 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 88. PARTNERS will first attempt to resolve AGREEMENT disputes at the PROJECT team level. If they cannot resolve the dispute themselves, the CALTRANS district director and the executive officer of CITY will attempt to negotiate a resolution. If PARTNERS do not reach a resolution, PARTNERS’ legal counsel will initiate mediation. PARTNERS agree to participate in mediation in good faith and will share equally in its costs. Neither the dispute nor the mediation process relieves PARTNERS from full and timely performance of OBLIGATIONS in accordance with the terms of this AGREEMENT. However, if any PARTNER stops fulfilling OBLIGATIONS, any other PARTNER may seek equitable relief to ensure that OBLIGATIONS continue. Except for equitable relief, no PARTNER may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first. PARTNERS will file any civil complaints in the Superior Court of the county in which the CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located. 89. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution. 90. If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT. 91. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTNERS will amend this AGREEMENT to include completion of those additional tasks. 92. Except as otherwise provided in the AGREEMENT, PARTNERS will execute a formal written amendment if there are any changes to OBLIGATIONS. 93. When WORK performed on the PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771, PARTNERS shall conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTNERS shall include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts. Work performed by a PARTNER’s own employees is exempt from the Labor Code's Prevailing Wage requirements. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 14 of 20 8.a Packet Pg. 165 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 94. If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTNERS shall conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. § 276(a). When applicable, PARTNERS shall include federal prevailing wage requirements in contracts for public work. WORK performed by a PARTNER’s employees is exempt from federal prevailing wage requirements. 95. PARTNERS agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations. 96. PARTNERS intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the OBLIGATIONS. The requirements of this AGREEMENT shall preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 15 of 20 8.a Packet Pg. 166 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 DEFINITIONS AGREEMENT – This agreement including any attachments, exhibits, and amendments. CALTRANS STANDARDS – CALTRANS policies and procedures, including, but not limited to, the guidance provided in the Project Development Procedures Manual (PDPM) and the CALTRANS Workplan Standards Guide for the Delivery of Capital Projects (WSG) [which contains the CALTRANS Work Breakdown Structure (WBS) and was previously known as the WBS Guide] and is available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. CEQA (California Environmental Quality Act) – The act (California Public Resources Code, sections 21000 et seq.) that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those significant impacts, if feasible. CFR (Code of Federal Regulations) – The general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. CONSTRUCTION – See PROJECT COMPONENT. CONSTRUCTION CAPITAL – See PROJECT COMPONENT. CONSTRUCTION SUPPORT – See PROJECT COMPONENT. CLOSURE STATEMENT – A document signed by PARTNERS that verifies the completion of all OBLIGATIONS included in this AGREEMENT and in all amendments to this AGREEMENT. FHWA – Federal Highway Administration. FHWA STANDARDS – FHWA regulations, policies and procedures, including, but not limited to, the guidance provided at www.fhwa.dot.gov/topics.htm. FUNDING PARTNER – A PARTNER that commits funds in this AGREEMENT to fulfill OBLIGATIONS. A FUNDING PARTNER accepts the responsibility to provide the funds it commits in this Agreement. FUNDING SUMMARY – An executed document that includes a FUNDING TABLE and invoicing and payment methods. FUNDING TABLE – The table that designates funding sources, types of funds, and the PROJECT COMPONENT in which the funds are to be spent. Funds listed on the FUNDING TABLE are “not-to-exceed” amounts for each FUNDING PARTNER. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 16 of 20 8.a Packet Pg. 167 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 GAAP (Generally Accepted Accounting Principles) – Uniform minimum standards and guidelines for financial accounting and reporting issued by the Federal Accounting Standards Advisory Board that serve to achieve some level of standardization. See http://www.fasab.gov/accepted.html. HM-1 – Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law whether it is disturbed by the PROJECT or not. HM-2 – Hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT. HM MANAGEMENT ACTIVITIES – Management activities related to either HM-1 or HM-2 including, without limitation, any necessary manifest requirements and disposal facility designations. IMPLEMENTING AGENCY – The PARTNER responsible for managing the scope, cost, and schedule of a PROJECT COMPONENT to ensure the completion of that component. IQA (Independent Quality Assurance) – CALTRANS’ efforts to ensure that another PARTNER’s quality assurance activities are in accordance with the applicable standards and the PROJECT’s Quality Management Plan (QMP). When CALTRANS performs Independent Quality Assurance it does not develop, produce, validate, verify, re-check, or quality control another PARTNER’s work products. NEPA (National Environmental Policy Act of 1969) – This federal act establishes a national policy for the environment and a process to disclose the adverse impacts of projects with a federal nexus. OBLIGATIONS – All WORK responsibilities and their associated costs. OBLIGATION COMPLETION – PARTNERS have fulfilled all OBLIGATIONS included in this AGREEMENT and have signed a CLOSURE STATEMENT. PARTNER – Any individual signatory party to this AGREEMENT. PARTNERS – The term that collectively references all of the signatory agencies to this AGREEMENT. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER’s individual actions legally bind the other PARTNER. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 17 of 20 8.a Packet Pg. 168 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 PROJECT COMPONENT – A distinct portion of the planning and project development process of a capital project as outlined in California Government Code, section 14529(b). • PID (Project Initiation Document) – The work required to deliver the project initiation document for the PROJECT in accordance with CALTRANS STANDARDS. • PA&ED (Project Approval and Environmental Document) – The work required to deliver the project approval and environmental documentation for the PROJECT in accordance with CALTRANS STANDARDS. • PS&E (Plans, Specifications, and Estimate) – The work required to deliver the plans, specifications, and estimate for the PROJECT in accordance with CALTRANS STANDARDS. • R/W (Right of Way) –The project components for the purpose of acquiring real property interests for the PROJECT in accordance with CALTRANS STANDARDS. • R/W (Right of Way) SUPPORT –The work required to obtain all property interests for the PROJECT. • R/W (Right of Way) CAPITAL – The funds for acquisition of property rights for the PROJECT. • CONSTRUCTION – The project components for the purpose of completing the construction of the PROJECT in accordance with CALTRANS STANDARDS. • CONSTRUCTION SUPPORT – The work required for the administration, acceptance, and final documentation of the construction contract for the PROJECT. • CONSTRUCTION CAPITAL – The funds for the construction contract. PROJECT MANAGEMENT PLAN – A group of documents used to guide the PROJECT’s execution and control throughout that project’s lifecycle. PS&E (Plans, Specifications, and Estimate) – See PROJECT COMPONENT. QMP (Quality Management Plan) – An integral part of the PROJECT MANAGEMENT PLAN that describes IMPLEMENTING AGENCY’s quality policy and how it will be used. R/W (Right of Way) CAPITAL – See PROJECT COMPONENT. R/W (Right of Way) SUPPORT – See PROJECT COMPONENT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 18 of 20 8.a Packet Pg. 169 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 SHS (State Highway System) – All highways, right-of-way, and related facilities acquired, laid out, constructed, improved, or maintained as a state highway pursuant to constitutional or legislative authorization. SPONSOR – Any PARTNER that accepts the responsibility to establish scope of the PROJECT and the obligation to secure financial resources to fund the PROJECT COMPONENTS in this AGREEMENT. A SPONSOR is responsible for adjusting the PROJECT scope to match committed funds or securing additional funds to fully fund the PROJECT COMPONENTS in this AGREEMENT. If this AGREEMENT has more than one SPONSOR, funding adjustments will be made by percentage (as outlined in Responsibilities). Scope adjustments must be developed through the project development process and must be approved by CALTRANS as the owner/operator of the SHS. WORK – All efforts to complete the OBLIGATIONS included in this AGREEMENT as described by the activities in the CALTRANS Workplan Standards Guide for the Delivery of Capital Projects (WSG). PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 19 of 20 8.a Packet Pg. 170 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05-0312 Project No. 0516000076 SIGNATURES PARTNERS are empowered by California Streets and Highways Code section 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. Signatories may execute this AGREEMENT through individual signature pages provided that each signature is an original. This AGREEMENT is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Timothy M. Gubbins District Director Certified as to funds: Julia Bolger District Budget Manager CITY OF SAN LUIS OBISPO Jan Howell Marx Mayor Attest: J. Christine Dietrick City Attorney Approved as to form and procedure: Daryl Grigsby Public Works Director PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 20 of 20 8.a Packet Pg. 171 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) AGREEMENT 05 - 0312 Project No. 0516000076 EA 0H731 05-SLO-101-25.5/26.30 FUNDING SUMMARY NO. 01 FUNDING TABLE v. 122 IMPLEMENTING AGENCY  CITY CITY CITY Source FUNDING PARTNER Fund Type PS&E R/W SUPPORT R/W CAPITAL CONST. SUPPORT CONST. CAPITAL Totals Local CITY Local 30,000 0 0 40,000 380,000 450,000 Totals 30,000 0 0 40,000 380,000 450,000 PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 1 of 3 8.a Packet Pg. 172 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with FUNDING SUMMARY No. 01 AGREEMENT 05 - 0312 Project No. 0516000076 Invoicing and Payment 1. When a PARTNER is reimbursed for actual costs, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTNERS will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTNERS will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT. Plans, Specifications, and Estimate (PS&E) 2. No invoicing or reimbursement will occur for the PS&E PROJECT COMPONENT. Right of Way Support (R/W SUPPORT) 3. No invoicing or reimbursement will occur for the R/W SUPPORT PROJECT COMPONENT. Right of Way Capital (R/W CAPITAL) 4. No invoicing or reimbursement will occur for the R/W CAPITAL PROJECT COMPONENT. CONSTRUCTION SUPPORT 5. No invoicing or reimbursement will occur for the CONSTRUCTION SUPPORT PROJECT COMPONENT. CONSTRUCTION CAPITAL 6. No invoicing or reimbursement will occur for the CONSTRUCTION CAPITAL PROJECT COMPONENT. PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 2 of 3 8.a Packet Pg. 173 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) FUNDING SUMMARY No. 01 AGREEMENT 05 - 0312 Project No. 0516000076 Signatures PARTNERS are empowered by California Streets and Highways Code sections 114 and 130 to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this FUNDING SUMMARY on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this FUNDING SUMMARY. Signatories may execute this FUNDING SUMMARY through individual signature pages provided that each signature is an original. This FUNDING SUMMARY is not fully executed until all original signatures are attached. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Aaron Henkel Project Manager Date District Budget Manager HQ Accounting CITY OF SAN LUIS OBISPO Dereck Johnson Interim Finance Director Date PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 3 of 3 8.a Packet Pg. 174 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) FUNDING SUMMARY No. 01 AGREEMENT 05 - 0312 Project No. 0516000076 CLOSURE STATEMENT INSTRUCTIONS 1. Did PARTNERS complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT? YES / NO 2. Did CALTRANS accept and approve all final deliverables submitted by CITY? YES / NO 3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed? YES / NO 4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third party billings (utilities, etc.) have been settled before termination of the AGREEMENT? YES / NO 5. Did PARTNERS complete and transmit the As-Built Plans, Project History File, and all other required contract documents? YES / NO If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. 1 of 2 8.a Packet Pg. 175 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) FUNDING SUMMARY No. 01 AGREEMENT 05 - 0312 Project No. 0516000076 CLOSURE STATEMENT PARTNERS agree that they have completed all scope, cost, and schedule commitments included in Agreement 05-0312 and any amendments to the agreement. The final signature date on this document terminates Agreement 05-0312 except survival articles. All survival articles in Agreement 05-0312 will remain in effect until expired by law, terminated or modified in writing by PARTNER’s mutual agreement, whichever occurs earlier. The people signing this Agreement have the authority to do so on behalf of their public agencies. CALTRANS Name: District Director Date: CERTIFIED AS TO ALL FINANCIAL OBLIGATIONS/TERMS AND POLICIES Name: District Budget Manager CITY OF SAN LUIS OBISPO Name: Mayor Date: PACT Project Development Agreement 2015-03-12 (Created 06/21/16) 2 of 3 8.a Packet Pg. 176 Attachment: a - 91435 Agreement with_ Caltrans (1398 : 91435 LOVR Landscape Agreement with Caltrans) Meeting Date: 7/12/2016 FROM: Carrie Mattingly, Utilities Director Prepared By: Jennifer Metz, Utilities Project Manager SUBJECT: JENNIFER STREET SEWER LINE REPLACEMENT, SPECIFICATION NO. 91185 RECOMMENDATION 1. Approve plans and specifications for the Jennifer Street Sewer Line Replacement, Specification No. 91185 and authorize staff to advertise for bids; and 2. Authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer's estimate of $802,000. DISCUSSION Background The Jennifer Street Sewer Line Replacement project includes the replacement, rerouting and abandonment of existing structurally unsound clay sewer mains that date from the early 1900s. The project includes jack and bore construction under the Union Pacific railroad tracks for the installation of a 15-inch welded steel encasement and 8 inch sewer line, open trenching for the installation of the new eight-inch sewer main, and installation of approximately 660 feet cured- in-place six-inch pipe liner. The project will reroute wastewater flow to a portion of the collection system that was upgraded in 2013. The project also includes installation of 760 feet of eight-inch sewer main along the City’s bike path, abandonment of 650 feet of sewer line under the railroad at the intersection of Rachel and Florence Streets to Santa Barbara Road, and redirects a portion of the flow to the collection system that was upgraded in 2011. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15302 (Replacement or Reconstruction of existing structures and facilities). CONCURRENCES The Public Works Department staff concurs with this request. 9 Packet Pg. 177 FISCAL IMPACT This project is identified on page 3-160, of the 2013-15 Financial Plan, Capital Improvement Plan. All project funding is derived from the sewer fund and includes a construction budget of $300,000 for the Jennifer Street and $400,000 for the Rachel Street railroad crossing projects. An additional $237,000 and $144,000 was added to the Jennifer and Rachel Street project budgets , respectively, during the budget supplement in June 2014, resulting in a total project budget of $1,081,000. The total project budget includes funding for design, easement acquisition, construction, and construction management services. Easement acquisition was completed in October 2015. The Engineer's estimate for construction of the project is $802,000. The project budget is displayed below. Because of the potential to encounter contaminated soil within the railroad corridor, the bid documents include a bid item for the preparation of a health and safety plan and excavation and containment of contaminated soils. A total of $1,040,000 is available in the Wastewater Collection System Master Account to support this project. ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as the sewer main will continue to deteriorate and pose a high risk of catastrophic failure, resultant in sewer overflows, water quality violations, and potential fines. Attachments: a a - Council Reading File - Final 91885_Construction Drawings b b - Council Reading File - Final 91185 Special Provisions Jennifer Street Sewer Line Replacement, Specification No. 91185 Estimated Project Costs Construction Services: Construction $802,000 Construction Management $75,000 Materials Testing $2,500 Printing and Miscellaneous $500 Construction Contingencies: $160,000 Total Construction Services $1,040,000 9 Packet Pg. 178 Meeting Date: 7/12/2016 FROM: Daryl Grigsby, Director of Public Works Prepared By: Dan Van Beveren, Senior Civil Engineer SUBJECT: RAILROAD TRAIL MAINTENANCE 2016 RECOMMENDATION 1. Approve plans and specifications for the Railroad Trail Maintenance project, Specification No. 91422; and 2. Authorize staff to formally advertise for bids; and 3. Authorize the City Manager to award the construction contract if the lowest bid is less than the Engineer’s Estimate of $90,000. DISCUSSION The 2015-17 Capital Improvement Plan (CIP) includes a project that addresses the need for ongoing maintenance of bicycle trails and pedestrian trails in City parks and facilities. The CIP includes a priority list of trails and the estimated year when these trails will receive maintenance. The Railroad Safety Trail (Trail), from Orcutt Road to the Jennifer Street Bridge, is scheduled to receive maintenance or reconstruction in 2016. The portion of the Trail from Orcutt Road to Bushnell Street was originally constructed in 1998 (Phase One). The portion from Bushnell Street to the Jennifer Street bridge was constructed in 2001 (Phase Two). There has not been any maintenance, other than minor crack filling, on the trail since construction. The Trail has challenges including drainage and asphalt deterioration. The trail area near the Jennifer Street Bridge is adjacent to a drain inlet and is flat. Moderate rainfall inundates the area with about two inches of standing water. To address this problem, the project scope includes raising the trail by about four inches, above the standing water. Additionally, a few areas of the trail are in poor condition and are proposed to be reconstructed. Once the above items are completed, the entire Trail length will receive a two-layer preventive maintenance seal coat. Two layer seal coats are an effective and inexpensive method of preserving the condition of an asphalt pavement surface at a small fraction of what it would cost to reconstruct the trail. 10 Packet Pg. 179 ENVIRONMENTAL REVIEW The Community Development has reviewed the project, and has determined that the project is Categorically Exempt from environmental review pursuant to CEQA Guidelines Section 15301 (maintenance or replacement of an existing facility). FISCAL IMPACT The 2015-17 Financial Plan, Appendix B, pages 3-235 through 3-237, identifies $100,000 in year 2015-16 to support this phase of the project. The current balance available in the Pathway Maintenance master account is $108,373. The project’s estimated construction costs are shown below. This project is funded by the Local Revenue Measure. Attachments: a a - Site Map b b - Council Reading File - Plans c c - Council Reading File - Special Provisions Construction Contract:$90,000.00 Construction Contingencies:$10,000.00 Total for Construction:$100,000.00 Printing & other Misc costs:$1,000.00 Materials Testing:$2,000.00 Total for other costs:$3,000.00 Total Cost of Project $103,000.00 10 Packet Pg. 180 10.a Packet Pg. 181 Attachment: a - Site Map (1397 : Railroad Trail Maintenance 2016) Page intentionally left blank. Meeting Date: 7/12/2016 FROM: Daryl Grigsby, Public Works Director Prepared By: Jake Hudson, Transportation Manager SUBJECT: CALTRANS COOPERATIVE AGREEMENT: PRADO & HWY 101 RECOMMENDATION 1. Approve a cooperative agreement with CalTrans for the processing of a Project Study Report (PSR) for improvements to the Prado Road/ US 101 interchange. 2. Authorize the City Manager to execute the agreement pending deposit of sufficient funds from the San Luis Ranch to reimburse PSR activities and Caltrans review. 3. Appropriate $25,000 from the Transportation Impact Fee Account (Fund 405) to fund City related work on the Project Study Report. DISCUSSION Environmental review for the San Luis Ranch development project is underway. An Environmental Impact Report (EIR) is being prepared for the development project with circulation studies that require evaluation of multiple alternatives for the Prado & Hwy 101 interchange. Alternatives range from an overpass only to the full access interchange included in the General plan. While the EIR can make assumptions regarding the alternatives of the interchange design, the Caltrans process for the detailed investigation of the interchange and alternatives does not fit within the EIR process for a City development project. As such, a separate (Project Study Report (PSR) is needed by Caltrans to obtain the specific information necessary to support the alternatives being evaluated in the EIR as feasible and/or reject alternatives that are determined to not be feasible. Although the City is acting as lead in preparing PSR and EIR as part of the San Luis Ranch development application, CalTrans is the lead agency on planning and design of the State Highway System and thus has responsibility and authority for reviewing and approving the PSR. CalTrans requires a cooperative agreement with the City prior to reviewing and approving the analysis and findings. The cooperative agreement establishes the rights, duties, decisions, and commitments between the City and Caltrans as well as a funding mechanism for reimbursement of the State’s review costs. This agreement is a standard requirement for analysis of interchanges. The City entered into a similar agreement for the Los Osos Valley Road Interchange when that facility was first being evaluated for expansion. ENVIRONMENTAL REVIEW 11 Packet Pg. 182 The City Council’s approval of the agreement is not subject to environmental review because it is not a project within the meaning of the California Environmental Quality Act. FISCAL IMPACT Funding for the PSR will be provided by the San Luis Ranch Development. The portion paid by San Luis Ranch above and beyond their fair share, which is yet to be determined by the traffic impact study, will be eligible for transportation impact fee credits or reimbursement. The current estimate of this work is $379,000. In addition, Caltrans requires a review fee, estimated at $147,000, for their services as part of the PSR processing. Part of the work required in the PSR is to identify feasible alternatives for the interchange considering potential effects such impacts to the flood plain / hydrology and to mainline 101 operations / interchange spacing resulting from the interchange configuration. These impacts affect adjacent properties such as the future RTA facility, Homeless Services Center, the City WWRF modification project and the Corporation Yard. Since these issues affect City related facilities and the full costs of the Prado Road Interchange may include some non-fair share costs, staff is recommending the City participate in funding the flooding analysis conducted in the PSR. Staff is recommending that $25,000 in unappropriated Citywide Transportation Impact Fees be appropriated for this purpose. The TIF program currently anticipates $6,547,000 to be collected toward construction of the Prado Road Interchange. The current TIF fund has adequate resources to fund this recommendation. To conclude, the cost of the PSR is $379,000 with an additional review fee of $147,000 for a total of 526,000. The city is contributing $25,000 and the applicant is funding the balance of $501.000. Once the applicant has deposited funds with the City to cover their portion of the work, the City Manager will execute the agreement. The applicant will be eligible for partial transportation impact fee credits for costs in excess of their fair share. The project’s fair share of the cost will be determined as part of the Transportation Impact Study which will identify interchange costs and recommend a funding program and fair share assessments. Attachments: a a - Draft Agreement 11 Packet Pg. 183 05-SLO-101-26.8 Project Number: 0516000105 EA: 1H640 Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 1 of 10 COOPERATIVE AGREEMENT Project Study Report – Project Development Support (PSR-PDS) This Agreement, effective on __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of San Luis Obispo, a chartered city of the State of California, referred to hereinafter as CITY. RECITALS 1. PARTNERS are authorized to enter into a cooperative agreement for improvements to the state highway system (SHS) per Government Code 65086.5. 2. CITY desires that a project initiation document (PID) be developed for construction of overcrossing on Route 101 in San Luis Obispo 0.9 mile North of Los Osos Valley Road Overcrossing or Interchange at Prado Road within the State Highway System (SHS), referred to herein as PROJECT. 3. PARTNERS acknowledge that this Agreement is to complete a Project Study Report - Project Development Support (PSR-PDS) PID. 4. California Government Code section 65086.5 mandates that CALTRANS review and approve all PIDs developed by entities other than CALTRANS. 5. CITY is willing to develop the PID and is willing to fund one hundred percent (100%) of the PID’s costs and fees, including costs to reimburse CALTRANS. If, in the future, CALTRANS is allocated state funds and Personnel Years (PYs) for PID review of this PROJECT, CALTRANS will agree to amend this Agreement to change the reimbursement arrangement for PID review to relieve CITY of commensurate financial obligations. 6. CALTRANS will: review and approve the PID prepared by CITY; provide relevant proprietary information in the form of existing data transfer, spreadsheets, and maps, actively participate in the project delivery team (PDT) meetings; and complete any work elements identified in the SCOPE SUMMARY of this Agreement. All CALTRANS activities will be done as reimbursed work. PARTNERS hereby set forth the terms, covenants, and conditions of this Agreement, under which they will complete the PID. 11.a Packet Pg. 184 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 2 of 10 ROLES AND RESPONSIBILITIES 7. CITY will prepare a PID for PROJECT at its sole cost and expense and at no cost to CALTRANS. The PID shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. 8. CALTRANS will complete the work elements that are assigned to it on the SCOPE SUMMARY, which is attached to and made a part of this Agreement. CITY will complete the work elements assigned to it on the SCOPE SUMMARY. Work elements marked with “N/A” on the SCOPE SUMMARY are not included within this Agreement. Work elements are outlined in the Workplan Standards Guide for the Delivery of Capital Projects available at www.dot.ca.gov/hq/projmgmt/guidance.htm. 9. The PID shall be prepared in accordance with all State and Federal laws, regulations, policies, procedures, and standards that CALTRANS would normally follow if CALTRANS was to prepare the PID. 10. CALTRANS will complete a review of the draft PID and provide its comments to CITY within sixty (60) calendar days from the date CALTRANS receives the draft PID from CITY. CITY will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within thirty (30) calendar days from the date CALTRANS received the draft PID from CITY. 11. After CITY revises the PID to address all of CALTRANS’ comments and submits a revised draft PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the revised draft PID within thirty (30) calendar days from the date CALTRANS receives the revised draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review. The thirty (30) day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data. 12. CALTRANS will perform its review and approval in accordance with the provisions of the current Project Development Procedures Manual. CALTRANS’ review and approval will consist of performing independent quality assurance (IQA) to verify that quality control/quality assurance (QC/QA) meets department standards and determination that the work is acceptable for the next project component. However, CALTRANS’ review and approval does not involve any work necessary to actually develop or complete the PID. No liability will be assignable to CALTRANS, its officers and employees by CITY under the terms of this Agreement or by third parties by reason of CALTRANS’ review and approval of the PID. 11.a Packet Pg. 185 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 3 of 10 13. PID preparation, except as set forth in this Agreement, is to be performed by CITY. Should CITY request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse CALTRANS for such work and PARTNERS will amend this Agreement. INVOICE AND PAYMENT 14. CITY agrees to pay CALTRANS, an amount not to exceed $147,000. 15. CALTRANS will draw from state and federal funds that are provided by CITY without invoicing CITY when CALTRANS administers those funds and CALTRANS has been allocated those funds by the CTC and whenever else possible. 16. The cost of any engineering support performed by CALTRANS, when allowed, will be charged according to current law. 17. CALTRANS will invoice CITY for a $49,000 initial deposit after execution of this Agreement and thirty (30) working days prior to the commencement of PROJECT expenditures. 18. Thereafter, CALTRANS will submit to CITY monthly invoices for estimate monthly costs based on the prior month’s expenditures. 19. If an executed Program Supplement Agreement (PSA) or STIP (Statewide Transportation Improvement Program) Planning, Programming, and Monitoring Program Fund Transfer Agreement (PPM) exists for this PROJECT then CITY will abide by the billing and payment conditions detailed for the fund types identified in the PSA or PPM. 20. If CITY has received Electronic Funds Transfer (EFT) certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS. 21. If CALTRANS reimburses CITY for any costs later determined to be ineligible, CITY will reimburse those funds. 22. Except as otherwise provided in this Agreement, PARTNERS will pay invoices within thirty (30) calendar days of receipt of invoice. 23. If CITY issues a Stop Work Notice to the CALTRANS Project Manager, CALTRANS agrees to cease work within 5 working days until a notice to resume is issued by CITY. Any work conducted beyond 5 working days after Stop Work Notice is issued is not eligible for payment. 11.a Packet Pg. 186 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 4 of 10 GENERAL CONDITIONS 24. Per Chapter 603, amending item 2660-001-0042 of Section 2.00 of the State Budget Act of 2012, the cost of any engineering services performed by CALTRANS towards any local government agency-sponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the development of the PID document. 25. If any hazardous materials, pursuant to Health and Safety Code 25401.1, are found within PROJECT limits, PARTNER will notify CALTRANS within 24 hours of discovery. 26. PARTNERS agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits. 27. If hazardous materials are discovered within PROJECT limits, but outside of SHS right of way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property. 28. CALTRANS’ acquisition or acceptance of title to any property on which any hazardous materials are found will proceed in accordance with CALTRANS’ policy. 29. CALTRANS’ obligations under this Agreement are subject to the appropriations of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 30. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this Agreement. 11.a Packet Pg. 187 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 5 of 10 31. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this Agreement. 32. If work is done under contract (not completed by CITY’s own employees) and is governed by the California Labor Code’s definitions of a “public works” (section1720(a)), CITY will conform to sections 1720-1815 of the California Labor Code and all applicable regulations and coverage determinations issued by the Director of Industrial Relations. 33. This Agreement is intended to be PARTNERS’ final expression and supersedes all prior oral understanding pertaining to PROJECT. 34. This Agreement will terminate one hundred eighty (180) days after PID is signed by PARTNERS or as mutually agreed by PARTNERS in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement. 11.a Packet Pg. 188 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 6 of 10 DEFINITIONS PARTNER – Any individual signatory party to this Agreement. PARTNERS – The term that collectively references all of the signatory agencies to this Agreement. This term only describes the relationship between these agencies to work together to achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one PARTNER’s individual actions legally bind the other parties. SCOPE SUMMARY – The attachment in which each PARTNER designates its responsibility for the completion of specific work elements as outlined by the Guide to Capital Project Delivery Workplan Standards (previously known as WBS Guide) available at http://www.dot.ca.gov/hq/projmgmt/guidance.htm. 11.a Packet Pg. 189 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 7 of 10 CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTNER to this Agreement. PARTNERS will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this Agreement. The primary Agreement contact person for CALTRANS is: Paul Martinez, Project Manager 50 Higuera Street San Luis Obispo, CA 93401 Office Phone: 805-549-3407 The primary Agreement contact person for CITY is: Jake Hudson, Transportation Manager 919 Palm Street San Luis Obispo, CA 93401 Office Phone: (805) 781-7023 11.a Packet Pg. 190 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 8 of 10 SIGNATURES PARTNERS declare that: 1. Each PARTNER is an authorized legal entity under California state law. 2. Each PARTNER has the authority to enter into this Agreement. 3. The people signing this Agreement have the authority to do so on behalf of their public agencies. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Timothy M. Gubbins District Director Certified as to funds: By: Julia Bolger Resource Manager CITY OF SAN LUIS OBISPO By: Katie Lichtig City Manager Attest: By: Lee Price, MMC Interim City Clerk Approved as to form and procedure: By: Christine Dietrick City Attorney 11.a Packet Pg. 191 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 9 of 10 SCOPE SUMMARY WORK ELEMENT CALTRANS CITY N/A 0.100.05.05.xx - Quality Management Plan X 0.100.05.05.xx - Risk Management Plan X 0.100.05.05.xx - Communication Plan X 0.100.05.10.xx - Cooperative Agreement for PA&ED Phase X 0.100.05.10.xx - Independent Quality Assurance (IQA) X 0.100.05.10.xx - Project Development Team Meetings X X 1.150.05.05 - Review of Existing Reports Studies and Mapping X 1.150.05.05.xx - Provision of Existing Reports, Data, Studies, and Mapping X 1.150.05.10 - Geological Hazards Review X 1.150.05.10.xx - Provision of Existing Geological Information X 1.150.05.15 - Utility Search X 1.150.05.15.xx - Provision of Existing Utility Information X 1.150.05.20 - Environmental Constraints Identification X 1.150.05.20.xx - Provision of Environmental Constraints Information X 1.150.05.25 - Traffic Forecasts/Modeling X 1.150.05.25.xx - Provision of Existing Traffic Forecasts/Modeling Information X 1.150.05.30 - Surveys and Maps for PID X 1.150.05.30.xx - Provision of Existing Surveys and Mapping X 1.150.05.35 - Problem Definition X 1.150.05.45 - As-Built Centerline and Existing Right of Way X 1.150.05.xx - Provision of Existing District Geotechnical Information X 1.150.10.05 - Public/Local Agency Input X 1.150.15.05 - Right of Way Data Sheets X 1.150.15.10 - Utility Relocation Requirements Assessment X 1.150.15.15 - Railroad Involvement Determination X 1.150.15.25 - Preliminary Materials Report X 1.150.15.35 - Multimodal Review X 11.a Packet Pg. 192 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Agreement 05 - 0313 Project Initiation Document (PID) Agreement 2012_10_30 Page 10 of 10 WORK ELEMENT CALTRANS CITY N/A 1.150.15.40 - Hydraulic Review X 1.150.15.50 - Traffic Studies X 1.150.15.55 - Construction Estimates X 1.150.20.05 - Initial Noise Study X 1.150.20.10 - Hazardous Waste Initial Site Assessment X 1.150.20.15 - Scenic Resource and Landscape Architecture Review X 1.150.20.30 - Initial Records and Literature Search for Cultural Resources X 1.150.20.50 - Initial Water Quality Studies X 1.150.20.60 - Preliminary Environmental Analysis Report Preparation X 1.150.20.65 - Initial Paleontology Study X 1.150.25.05 - Draft PID X 1.150.25.20 - PID Circulation, Review, and Approval X 1.150.25.25 - Storm Water Data Report X 1.150.35 - Required Permits During PID Development X 1.150.40 - Permit Identification During PID Development X 1.150.45 - Base Maps and Plan Sheets for PID X 11.a Packet Pg. 193 Attachment: a - Draft Agreement (1407 : CalTrans Cooperative Agreement - Prado & Hwy 101) Meeting Date: 7/12/2016 FROM: Daryl R. Grigsby, Director of Public Works Prepared By: Manny Guzman, Senior Civil Engineer SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016 PROJECT, SPECIFICATION 91445 RECOMMENDATION 1. Award a contract to Victor Concrete, Inc. in the amount of $204,800 for the CDBG Curb Ramps 2016 project, Specification No. 91445; and 2. Approve a transfer of $133,000 from the design phase of the Street Reconstruction and Resurfacing Master Account to the projects construction phase. DISCUSSION Background This project consists of the installation of 10 accessible curb ramps in three separate locations. The ramps will be constructed at Daly and Patricia Drive, Marlene and Patricia Drive and Santa Rosa Street and Leff Street. These ramps were prioritized for replacement because of complaints the City has received about the lack of sidewalk access. This project is part of an ongoing program to construct accessible sidewalk ramps throughout the City of San Luis Obispo. The program is funded through Community Development Block Grant (CDBG) and City General funds. The ramps provide access, and implement the requirements of the Americans with Disabilities Act (ADA) and state accessibility requirements. As such, they meet one of the basic criteria of CDBG funding – to remove barriers to disabled access. Bids and Award Recommendation On May 17, 2016, the City Council authorized the invitation of bids for the CDBG Curb Ramps 2016 project, Specification No. 91445. Three bids were received and opened on June 9, 2016, all of which exceeded the Engineer’s estimate of $118,000. Victor Concrete, Inc. submitted the lowest bid of $204,800, which is $86,800 above the Engineer’s estimate. The higher than estimated bid results appear to be a result of an improved construction market. The City typically experiences more expensive bids when the number of contractors bidding on projects declines, which is related to an abundance of available work. Contractors tend to be less competitive with their bid submittals when the number of contractors bidding declines. During our last economic boom, it was common for bid submittals to be higher than the engineer’s estimates due to the contractors having more options for work. Staff anticipated the increase in the authorization to bid staff report, but not at the current magnitude. 12 Packet Pg. 194 FISCAL IMPACT This project is included in the 2015-17 Financial Plan, pages 3-109 to 3-111 with a $105,000 budget for the 2016-17 Fiscal Year. The $105,000 consists of CDBG grant money. Additional funds to support this request are also available in the Street Reconstruction and Resurfacing Master Account, which has a current available balance of $1,105,923. The current balance of the Street Reconstruction and Resurfacing Master Account is sufficient to fund the $133,000 project shortfall and also the construction of the 2016 Roadway Sealing Project. In addition, $1,630,700 will be available for use as part of the 2016-17 Street Reconstruction and Resurfacing budget. Construction Cost:$204,800 Contingencies:$30,700 Material Testing:$2,000 Printing and Misc:$500 Total Project Cost $238,000 Project Cost by Fundign Sources: 2016-17 Financial Plan:$105,000 Street Reconstruction and Resurfacing Master Account (90346):$133,000 Total Available:$238,000 CDBG Curb Ramps 2016, Spec. No. 91445 ALTERNATIVE Reject all bids and direct staff to re-advertise the project. The City Council may choose to reject all bids and direct staff to re-bid a smaller project. This is not recommended because this will delay the start of construction for the project and cause conflicts with other City projects that are scheduled to start construction this summer, including the Annual Street Maintenance Project. Also a re-bid does not guarantee reduced bid amounts. Attachments: a a - Bid Summary b b - Copy of Original CAR c c - Agreement 12 Packet Pg. 195 Item # Item Description QuantityUnit of Measure Unit Price Item TotalUnit Price Item TotalUnit Price Item TotalUnit Price Item Total1CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND DALY AVE. SOUTHWEST CORNER (SHEET 3) 1 LS$10,000.00 $10,000.00 $22,000.00 $22,000.00 $20,000.00 $20,000.00 $22,997.94 $22,997.94 2CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND DALY AVE. NORTHWEST CORNER (SHEET 4) 1 LS$10,000.00 $10,000.00 $22,000.00 $22,000.00 $22,000.00 $22,000.00 $22,773.99 $22,773.99 3CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND DALY AVE. SOUTHEAST CORNER (SHEET 5) 1 LS$10,000.00 $10,000.00 $20,400.00 $20,400.00 $22,000.00 $22,000.00 $24,802.18 $24,802.18 4CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND DALY AVE. NORTHEAST CORNER (SHEET 6) 1 LS$10,000.00 $10,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $17,797.81 $17,797.81 5CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND MARLENE DRIVE SOUTH CORNER (SHEET 7) 1 LS$10,000.00 $10,000.00 $20,400.00 $20,400.00 $22,000.00 $22,000.00 $18,008.60 $18,008.60 6CURB RAMP IMPROVEMENTS AT PATRICIA DRIVE AND MARLENE DRIVE NORTH CORNER (SHEET 8) 1 LS$10,000.00 $10,000.00 $20,400.00 $20,400.00 $22,000.00 $22,000.00 $17,883.36 $17,883.36 7CURB RAMP IMPROVEMENTS AT SANTA ROSA STREET AND LEFF STREET SOUTH CORNER (SHEET 9) 1 LS$10,000.00 $10,000.00 $20,500.00 $20,500.00 $23,000.00 $23,000.00 $22,981.99 $22,981.99 8CURB RAMP IMPROVEMENTS AT SANTA ROSA STREET AND LEFF STREET WEST CORNER (SHEET 10) 1 LS$10,000.00 $10,000.00 $18,000.00 $18,000.00 $23,000.00 $23,000.00 $24,283.10 $24,283.10 9CURB RAMP IMPROVEMENTS AT SANTA ROSA STREET AND LEFF STREET NORTH CORNER (SHEET 11) 1 LS$10,000.00 $10,000.00 $17,500.00 $17,500.00 $18,000.00 $18,000.00 $15,188.36 $15,188.36 10CURB RAMP IMPROVEMENTS AT SANTA ROSA STREET AND LEFF STREET EAST CORNER (SHEET 12) 1 LS$10,000.00 $10,000.00 $17,500.00 $17,500.00 $18,000.00 $18,000.00 $20,541.54 $20,541.54 11 SIDEWALK 100 SQFT$55.00 $5,500.00 $7.00 $700.00 $20.00 $2,000.00 $66.57 $6,657.00 12 CURB AND GUTTER 50 LF$60.00 $3,000.00 $50.00 $2,500.00 $100.00 $5,000.00 $133.13 $6,656.50 13 DECORATIVE CONCRETE 100 SQFT$65.00 $6,500.00 $9.00 $900.00 $40.00 $4,000.00 $12.55 $1,255.00 14 ASPHALT CONCRETE 200 SQFT$15.00 $3,000.00 $10.00 $2,000.00 $15.00 $3,000.00 $48.56 $9,712.00 $118,000.00 $204,800.00 $224,000.00 $231,539.37 Total Bid AmountCDBG Curb Ramps 2016 Specification No. 91445Bid Opening: 06/09/16* marks an allowanceEngineer's Estimate Victor Concrete Maino Construction S Chaves Construction12.a Packet Pg. 196 Attachment: a - Bid Summary (1404 : CDBG Curb Ramps 2016) Meeting Date: 5/17/2016 FROM: Daryl Grigsby, Director of Public Works Prepared By: David Athey, Supervising Civil Engineer SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMPS 2016 PROJECT, SPECIFICATION NO. 91445 RECOMMENDATION 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Curb Ramps 2016 project, Specification No. 91445; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer’s Estimate of $118,000. DISCUSSION This project is part of an ongoing program to construct sidewalk ramps throughout the City of San Luis Obispo. The program is partially funded through Community Development Block Grant (CDBG) and City General funds. The ramps provide access, and implement the requirements of the Americans with Disabilities Act (ADA) and state accessibility requirements. As such, they meet one of the fundamental criteria of CDBG funding – to provide access to the disabled. In anticipation of future work in Pavement Maintenance Areas 1 and 8, a number of non - compliant curb ramps will be upgraded. The project consists of ten corners with existing ramps that do not meet current accessibility regulations. The ramps were selected based on their location along a major arterial (Santa Rosa) or past accessibility complaints (Patricia Drive). Replacement of the selected ramps will provide continuous access along both street corridors. Recent data collection shows the City has 2,436 intersection locations where pedestrians cross the street. 690 (28%) corners meet current ADA standards. 1229 (50%) crossing locations already have a transition ramp provided. However, many of these ramps were built years ago and do not conform to the latest accessibility standards, e.g., having steep grades, having steep cross-slopes or not having the required truncated domes. The remaining 535 (22%) crossing points continue to have a curb between the street and sidewalk. Currently, city practice is to prioritize ADA ramp compliance construction or retrofit on streets scheduled for near future paving and to individual requests made by citizens. In addition to CDBG ramp upgrades, the City also upgrades ADA access through other Capital Improveme nt Projects. Recent upgrade examples include two additional ADA parking spaces at the 17 Packet Pg. 359 12.b Packet Pg. 197 Attachment: b - Copy of Original CAR (1404 : CDBG Curb Ramps 2016) Sinsheimer Pool facility, a ramp and upgraded parking spaces for City Hall, and upcoming accessible restroom facilities at Fire Station 2. ENVIRONMENTAL REVIEW This project uses Federal CDBG funds, and National Environmental Protection Act clearance has been obtained through the County of San Luis Obispo. A Categorical Exemption of Environmental Impact, in compliance with the California Environmental Quality Act has been obtained from the Community Development Department. FISCAL IMPACT This project is included in the 2015-17 Financial Plan, pages 3-109 to 3-111. The total anticipated budget needed for project construction is $153,600. The current project budget is 105,000, which leaves a $48,600 shortfall. Therefore, staff recommends that additional funds be allocated from the Street Reconstruction and Resurfacing Master Account to complete the needed budget. The Street Reconstruction and Resurfacing Account currently has a balance of 499,665 of which $300,000 is available for this project and the 2016 Roadway Sealing Project. A Budget Amendment Request will be completed at the time of contract award to transfer funding into this project’s account. CDBG CURB RAMPS 2016, SPECIFICATION NO. 91445 Proposed Funding by Source Construction Costs Estimate 2015 CDBG Grant: $105,000 Construction: $118,000 R&R Master Account (90346) $48,600 Contingencies: $33,600 Materials Testing: $1,500 Printing: $500 Total $153,600 Total for Construction $153,600 ALTERNATIVES Deny authorization to advertise. The City Council may choose not to authorize project advertisement. This is not recommended because the CDBG Curb Ramp project is mostly supported by grant money and the project provides ADA access to City sidewalks. Attachments: a - Council Reading File - 91445 Plans b - Council Reading File - Curb Ramps 2016 Specials 17 Packet Pg. 360 12.b Packet Pg. 198 Attachment: b - Copy of Original CAR (1404 : CDBG Curb Ramps 2016) 1 of 30 CITY OF SAN LUIS OBISPO CALIFORNIA AGREEMENT THIS AGREEMENT, made on this day of , by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and VICTOR CONCRETE INC., (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of CDBG CURB RAMPS 2016, Specification No. 91445 in strict accordance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item Item Unit of Estimated Item Price Total No. Description Measure Quantity (in figures) (in figures) 1 Curb Ramp Improvements at Patricia Drive and Daly Ave. Southwest Corner (Sheet 3) LS 1 $22,000.00 $22,000.00 2 Curb Ramp Improvements at Patricia Drive and Daly Ave. Northwest Corner (Sheet 4) LS 1 $22,000.00 $22,000.00 3 Curb Ramp Improvements at Patricia Drive and Daly Ave. Southeast Corner (Sheet 5) LS 1 $20,400.00 $20,400.00 4 Curb Ramp Improvements at Patricia Drive and Daly Ave. Northeast Corner (Sheet 6) LS 1 $20,000.00 $20,000.00 5 Curb Ramp Improvements at Patricia Drive and Marlene Drive South Corner (Sheet 7) LS 1 $20,400.00 $20,400.00 6 Curb Ramp Improvements at Patricia Drive and Marlene Drive North Corner (Sheet 8) LS 1 $20,400.00 $20,400.00 7 Curb Ramp Improvements at Santa Rosa Street and Leff Street South Corner (Sheet 9) LS 1 $20,500.00 $20,500.00 8 Curb Ramp Improvements at Santa Rosa Street and Leff Street West Corner (Sheet 10) LS 1 $18,000.00 $18,000.00 12.c Packet Pg. 199 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 2 of 30 Item Item Unit of Estimated Item Price Total No. Description Measure Quantity (in figures) (in figures) 9 Curb Ramp Improvements at Santa Rosa Street and Leff Street North Corner (Sheet 11) LS 1 $17,500.00 $17,500.00 10 Curb Ramp Improvements at Santa Rosa Street and Leff Street East Corner (Sheet 12) LS 1 $17,500.00 $17,500.00 11 Sidewalk SQFT 100 $7.00 $700.00 12 Curb and Gutter LF 50 $50.00 $2,500.00 13 Decorative Concrete SQFT 100 $9.00 $900.00 14 Asphalt Concrete SQFT 200 $10.00 $2,000.00 BID TOTAL: $204,800.00 Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: Notice to Bidders, Bid Forms, and information for bidders. Standard Specifications, Engineering Standards, Special Provisions, and any Addenda. Caltrans Standard Specifications and Plans 2010 Accepted Bid. Plans. Bid Item List for CDBG Curb Ramps 2016 List of Subcontractors. Public Contract Code Sections 10285.1 Statement. Public Contract Code Section 10162 Questionnaire. Public Contract Code Section 10232 Statement. Labor Code Section 1725.5 Statements. Non-collusion Declaration. Bidder Acknowledgements. Qualifications. Attach Bidders Bond to Accompany Bid. A Bidder’s List of Subcontractors (DBE and Non-DBE). Equal Employment Opportunity Certification. Debarment and Suspension Certification. Non-lobbying Certification for Federal-Aid Contracts. Labor Standards and Prevailing Wage Requirements Contractor’s Certification. Labor Standards and Prevailing Wage Requirements Subcontractor’s Certification. DBE Bidder Commitment. DEB Information - Good Faith Efforts. Bidder DBE Information. Disclosure of Lobbying Activities. Final Report Utilization of Disadvantaged Businesses. Agreement and Bonds. Insurance Requirements and Forms. 12.c Packet Pg. 200 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 3 of 30 Appendix B – Requirements for Federally Assisted Construction Projects funded with Community Development Block Grants. ARTICLE IV INDEMNIFICATION: Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. In the event of conflict with any other indemnification or hold harmless provisions of this Agreement, the provision that provides the most protection to the City shall apply. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. ATTEST: CITY OF SAN LUIS OBISPO __________________________ By: _________________________ City Clerk Jan Howell Marx, Mayor APPROVED AS TO FORM: CONTRACTOR: Victor Concrete Inc. By: __________________________ J. Christine Dietrick Victor Granillo City Attorney Its: President (Rev. 4-15-10) 12.c Packet Pg. 201 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 4 of 30 CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS Applies to all Contracts To: City of San Luis Obispo Public Works Dept. Date: 919 Palm Street, San Luis Obispo, CA Project Number: 91445 Project Name: CDBG CURB RAMPS 2016 C/O: City Engineer 1. The undersigned, having executed a contract with the City of San Luis Obispo for the construction of the above-identified project, acknowledges that: (a) The Labor Standards Provisions are included in the aforesaid contract. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility: 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an eligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract, including those executed by his subcontractors and an lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies that: (a) The legal name and the business address of the undersigned are: _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (b) The undersigned is:  A Single proprietorship  A Corporation organized in the State of  A Partnership  Other Organization (Describe)_________________________________ Signature: Name and Title: 12.c Packet Pg. 202 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 5 of 30 LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS SUBCONTRACTOR'S CERTIFICATION (Contractor to execute with subcontractors and forward to City along with signed contract and bonds) To: City of San Luis Obispo/Public Works Dept. Date: 919 Palm Street, San Luis Obispo, CA Project Number: 91445 C/O: City Engineer Project Name: CDBG Curb Ramps 2016 1. The undersigned, having executed a contract with (Contractor or Subcontractor) for in the amount of $ in (Nature of Work) the construction of the above-identified project, certifies that: (a) The Labor Standards Provisions of the Contract for Construction are included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.60(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest in designate as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. 3. He certifies that: (b) The legal name and the business address of the undersigned are: _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (b) The undersigned is:  A Single proprietorship  A Corporation organized in the State of  A Partnership  Other Organization (Describe)_________________________________ Signature: Name and Title: 12.c Packet Pg. 203 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 6 of 30 Federal Wage Determination General Decision Number: CA160019 05/20/2016 CA19 Superseded General Decision Number: CA20150019 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: San Luis Obispo County in California. BUILDING, DREDGING (does not include hopper dredge work), HEAVY (does not include water well drilling, AND HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 02/26/2016 3 03/04/2016 4 04/01/2016 5 05/20/2016 ASBE0005-002 07/01/2015 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 36.74 19.49 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls)...........................$ 25.38 16.81 ---------------------------------------------------------------- ASBE0005-004 06/29/2015 Rates Fringes 12.c Packet Pg. 204 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 7 of 30 Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not)....$ 18.06 10.57 ---------------------------------------------------------------- BOIL0092-004 10/01/2012 Area within a 25 mile radius of City of Santa Maria Rates Fringes BOILERMAKER......................$ 41.17 28.27 ---------------------------------------------------------------- BOIL0549-007 01/01/2013 Remainder of County outside a 25 mile radius of City of Santa Maria Rates Fringes BOILERMAKER......................$ 38.37 31.32 ---------------------------------------------------------------- * BRCA0004-006 05/01/2016 Rates Fringes BRICKLAYER; MARBLE SETTER........$ 36.74 14.46 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-008 06/01/2014 Rates Fringes MARBLE FINISHER..................$ 28.45 11.38 TILE FINISHER....................$ 23.78 9.84 ---------------------------------------------------------------- BRCA0018-011 06/01/2014 Rates Fringes TILE LAYER.......................$ 35.14 14.33 ---------------------------------------------------------------- CARP0409-001 07/01/2015 Rates Fringes CARPENTER (1) Carpenter, Cabinet 12.c Packet Pg. 205 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 8 of 30 Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer...................$ 39.83 11.58 (2) Millwright..............$ 40.90 11.58 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial)................$ 40.53 11.58 (4) Pneumatic Nailer, Power Stapler...............$ 37.60 11.58 (5) Sawfiler...............$ 37.44 11.58 (6) Scaffold Builder.......$ 28.55 11.58 (7) Table Power Saw Operator....................$ 37.45 11.58 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---------------------------------------------------------------- CARP0409-005 07/01/2015 Rates Fringes Drywall DRYWALL INSTALLER/LATHER....$ 40.40 15.03 STOCKER/SCRAPPER............$ 10.00 7.17 ---------------------------------------------------------------- CARP0409-008 08/01/2010 Rates Fringes Modular Furniture Installer......$ 17.00 7.41 ---------------------------------------------------------------- ELEC0639-001 06/01/2015 Rates Fringes Electricians Wireman/Technician..........$ 39.30 18.66 FOOTNOTES: CABLE SPLICER: 10% additional per hour above Wireman/Technician basic hourly rate. Work from trusses, swinging scaffolds, open ladders, scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground floor or support structure from a distance of fifty (50) feet to ninety (90) feet: to be paid time and one-half. Work from trusses, swinging scaffolds, open ladders, scaffolds, bosun chairs, stacks or towers, where subject to a direct fall from the ground floor or support structure from a distance over ninety (90) 12.c Packet Pg. 206 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 9 of 30 feet: to be paid double the regular straight time rate of pay. Where workers are required to work under compressed air or in areas where injurious gases, dust or fumes are present in amounts necessitating the use of gas masks or self-contained breathing apparatus (particle masks are not considered self-contained breathing apparatus) or where workers work on poles at a distance of seventy-five (75) feet or more from the ground: to be paid a bonus of straight time pay. This shall be at a minimum of one hour, and thereafter, each succeeding hour or fraction thereof shall constitute an hour at the bonus rate. Tunnel work: to be paid at the time and one-quarter hourly rate. All employers may request workmen to report direct to a job within a free zone to include everything west of ten (10) miles east of Highway 101, as the crow flies, and then (10) miles north and south of Highway 46, as the crow flies, to the junction of Highway 41 and Highway 46. Everything outside this area shall be paid at full subsistence provide said job is of five (5) days duration or more and provide there is storage on the job for the Employee's tools. The Employer will be responsible for loss of tools under such circumstances. (Road: The most direct route on a surfaced road). On all jobs or projects outside the free zone, as stated above, Employees may be required to report to the job site in their own transportation at the regular starting time and remain on the job site until the regular quitting time and these shall be paid at fifty dollars ($50.00) per day or fifty-one cents ($0.51) per mile for each road mile from shop to job and job to shop (round trip). (Day worked shall mean at least four (4) hours on the job unless sent home on account of weather, emergency, sickness, or injury). The Employer shall pay for traveling time and furnish transportation from shop to job, job to job, and job to shop. Travel time shall be at the appropriate rate of pay for that day of the week. (Monday through Friday, straight time, Saturday and Sunday, double time.) ---------------------------------------------------------------- ELEC0639-003 12/01/2014 COMMUNICATIONS AND SYSTEMS WORK SAN LUIS OBISPO COUNTY Rates Fringes Communications System Installer...................$ 29.92 12.27 Technician..................$ 30.89 11.66 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, microwave transmission, multi-media, multiplex, nurse call 12.c Packet Pg. 207 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 10 of 30 systems, radio page, burglar alarms and fire alarm (see last paragraph below). Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Fire alarm work shall be performed at the current inside electrician total cost package. ---------------------------------------------------------------- ELEC1245-001 06/01/2015 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 52.85 15.53 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 42.21 14.32 (3) Groundman...............$ 32.28 14.03 (4) Powderman...............$ 47.19 14.60 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-003 01/01/2015 Rates Fringes ELEVATOR MECHANIC................$ 60.39 28.38 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0012-003 07/06/2015 Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1....................$ 39.95 23.35 GROUP 2....................$ 40.73 23.35 12.c Packet Pg. 208 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 11 of 30 GROUP 3....................$ 41.02 23.35 GROUP 4....................$ 42.51 23.35 GROUP 5....................$ 41.86 23.35 GROUP 6....................$ 41.83 23.35 GROUP 8....................$ 42.84 23.35 GROUP 9....................$ 42.19 23.35 GROUP 10....................$ 42.96 23.35 GROUP 11....................$ 42.31 23.35 GROUP 12....................$ 43.13 23.35 GROUP 13....................$ 43.23 23.35 GROUP 14....................$ 43.26 23.35 GROUP 15....................$ 43.34 23.35 GROUP 16....................$ 43.46 23.35 GROUP 17....................$ 43.63 23.35 GROUP 18....................$ 43.73 23.35 GROUP 19....................$ 43.84 23.35 GROUP 20....................$ 43.96 23.35 GROUP 21....................$ 44.13 23.35 GROUP 22....................$ 44.23 23.35 GROUP 23....................$ 44.34 23.35 GROUP 24....................$ 44.46 23.35 GROUP 25....................$ 44.63 23.35 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 41.30 23.35 GROUP 2....................$ 42.08 23.35 GROUP 3....................$ 42.37 23.35 GROUP 4....................$ 42.51 23.35 GROUP 5....................$ 42.73 23.35 GROUP 6....................$ 42.84 23.35 GROUP 7....................$ 42.96 23.35 GROUP 8....................$ 43.13 23.35 GROUP 9....................$ 43.30 23.35 GROUP 10....................$ 44.30 23.35 GROUP 11....................$ 45.30 23.35 GROUP 12....................$ 46.30 23.35 GROUP 13....................$ 47.30 23.35 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 41.80 23.35 GROUP 2....................$ 42.58 23.35 GROUP 3....................$ 42.87 23.35 GROUP 4....................$ 43.01 23.35 GROUP 5....................$ 43.23 23.35 GROUP 6....................$ 43.34 23.35 GROUP 7....................$ 43.46 23.35 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. 12.c Packet Pg. 209 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 12 of 30 SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); 12.c Packet Pg. 210 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 13 of 30 Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 12.c Packet Pg. 211 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 14 of 30 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol-blade operator (single engine); Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); 12.c Packet Pg. 212 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 15 of 30 Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) 12.c Packet Pg. 213 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 16 of 30 CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, 12.c Packet Pg. 214 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 17 of 30 Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, 12.c Packet Pg. 215 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 18 of 30 T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. 12.c Packet Pg. 216 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 19 of 30 $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE ---------------------------------------------------------------- ENGI0012-004 08/01/2015 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 49.50 23.60 (2) Dredge dozer............$ 43.53 23.60 (3) Deckmate................$ 43.42 23.60 (4) Winch operator (stern winch on dredge)............$ 42.87 23.60 (5) Fireman-Oiler, Deckhand, Bargeman, Leveehand...................$ 42.33 23.60 (6) Barge Mate..............$ 42.94 23.60 ---------------------------------------------------------------- IRON0377-002 01/01/2016 Rates Fringes Ironworkers: Fence Erector...............$ 27.58 20.64 Ornamental, Reinforcing and Structural..............$ 34.00 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, 12.c Packet Pg. 217 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 20 of 30 Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0220-001 08/01/2015 Rates Fringes LABORER (TUNNEL) GROUP 1.....................$ 37.04 16.78 GROUP 2.....................$ 37.36 16.78 GROUP 3.....................$ 38.82 16.78 GROUP 4.....................$ 38.51 16.78 LABORER GROUP 1.....................$ 31.39 16.78 GROUP 2.....................$ 31.94 16.78 GROUP 3.....................$ 32.49 16.78 GROUP 4.....................$ 34.04 16.78 GROUP 5.....................$ 34.39 16.78 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and 12.c Packet Pg. 218 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 21 of 30 similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot-Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal 12.c Packet Pg. 219 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 22 of 30 TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); GROUP 2: Bull gang mucker, track person; Chucktender, Cabletender; Concrete crew, including rodder and spreader; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0220-004 07/01/2014 Rates Fringes Brick Tender.....................$ 29.12 15.78 ---------------------------------------------------------------- LABO0300-005 01/01/2016 Rates Fringes Asbestos Removal Laborer.........$ 30.43 16.07 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO0345-001 07/01/2014 Rates Fringes LABORER (GUNITE) GROUP 1.....................$ 34.79 17.92 GROUP 2.....................$ 33.84 17.92 GROUP 3.....................$ 30.30 17.92 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or 12.c Packet Pg. 220 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 23 of 30 shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen ---------------------------------------------------------------- LABO1184-001 08/01/2015 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 32.60 12.16 (2) Vehicle Operator/Hauler.$ 32.77 12.16 (3) Horizontal Directional Drill Operator..............$ 34.62 12.16 (4) Electronic Tracking Locator.....................$ 36.62 12.16 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 33.76 15.04 GROUP 2.....................$ 35.06 15.04 GROUP 3.....................$ 37.07 15.04 GROUP 4.....................$ 38.81 15.04 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the 12.c Packet Pg. 221 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 24 of 30 application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ---------------------------------------------------------------- LABO1414-001 08/05/2015 Rates Fringes LABORER PLASTER CLEAN-UP LABORER....$ 30.16 17.11 PLASTER TENDER..............$ 32.71 17.11 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-007 07/01/2015 Rates Fringes Painters: (1) Repaint Including Lead Abatement...................$ 24.19 12.83 (2) High Iron & Steel.......$ 30.70 12.83 (3) Journeyman Painter including Lead Abatement....$ 28.70 12.83 (4) Industrial..............$ 32.02 12.83 (5) All other work..........$ 28.70 12.83 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. HIGH IRON & STEEL: Aerial towers, towers, radio towers, smoke stacks, flag poles (any flag poles that can be finished from the ground with a ladder excluded), elevated water towers, steeples and domes in their entirety and any other extremely high and hazardous work, cooning steel, bos'n chair, or other similar devices, painting in other high hazardous work shall be classified as high iron & steel ---------------------------------------------------------------- PAIN0036-008 10/01/2015 Rates Fringes DRYWALL FINISHER/TAPER...........$ 36.18 16.82 ---------------------------------------------------------------- PAIN0169-002 01/01/2015 Rates Fringes 12.c Packet Pg. 222 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 25 of 30 GLAZIER..........................$ 34.83 19.75 ---------------------------------------------------------------- PAIN1247-002 01/01/2016 Rates Fringes SOFT FLOOR LAYER.................$ 29.85 14.01 ---------------------------------------------------------------- PLAS0200-001 08/05/2015 Rates Fringes PLASTERER........................$ 38.44 13.77 ---------------------------------------------------------------- PLAS0500-002 07/01/2015 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 32.30 20.65 ---------------------------------------------------------------- PLUM0016-001 07/01/2015 Rates Fringes PLUMBER/PIPEFITTER Plumber and Pipefitter All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light commercial, tenant improvement and remodel work.......................$ 45.96 20.71 Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space.................$ 44.54 19.73 Work ONLY on strip malls, light commercial, tenant improvement and remodel work........................$ 35.16 18.06 ---------------------------------------------------------------- PLUM0345-001 07/01/2014 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 29.27 19.75 Sewer & Storm Drain Work....$ 33.24 17.13 ---------------------------------------------------------------- ROOF0036-002 08/01/2014 Rates Fringes 12.c Packet Pg. 223 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 26 of 30 ROOFER...........................$ 35.02 13.57 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. ---------------------------------------------------------------- SFCA0669-014 01/01/2016 Rates Fringes SPRINKLER FITTER.................$ 34.31 20.25 ---------------------------------------------------------------- SHEE0273-002 08/01/2015 Rates Fringes SHEET METAL WORKER...............$ 40.50 26.67 HOLIDAYS: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after, Christmas Day ---------------------------------------------------------------- TEAM0011-002 07/01/2015 Rates Fringes TRUCK DRIVER GROUP 1....................$ 28.24 25.24 GROUP 2....................$ 28.39 25.24 GROUP 3....................$ 28.52 25.24 GROUP 4....................$ 28.71 25.24 GROUP 5....................$ 28.74 25.24 GROUP 6....................$ 28.77 25.24 GROUP 7....................$ 29.02 25.24 GROUP 8....................$ 29.27 25.24 GROUP 9....................$ 29.47 25.24 GROUP 10....................$ 29.77 25.24 GROUP 11....................$ 30.27 25.24 GROUP 12....................$ 30.70 25.24 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy 12.c Packet Pg. 224 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 27 of 30 equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular 12.c Packet Pg. 225 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 28 of 30 rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 12.c Packet Pg. 226 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 29 of 30 ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ 12.c Packet Pg. 227 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) 30 of 30 END OF GENERAL DECISION 12.c Packet Pg. 228 Attachment: c - Agreement (1404 : CDBG Curb Ramps 2016) Page intentionally left blank. Meeting Date: 7/12/2016 FROM: Derek Johnson, Assistant City Manager/Interim Finance and IT Director Prepared By: Marjorie Hernandez, Supervising Accounting Assistant SUBJECT: RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES FOR 2015-16 ON THE SECURED PROPERTY TAX ROLL FOR 2016-17 RECOMMENDATION Adopt a resolution enabling the continued collection of 2015 -16 multi-dwelling property fire and life safety inspection fees via the secured property tax roll administered by the County for the 2016-2017 Fiscal Year. DISCUSSION In May 2005, the Council approved a cost recovery program for State-mandated fire and life safety inspections for multi-dwelling properties with three or more units. As part of this program, on June 7, 2005, the Council adopted Ordinance No. 1472 authorizing the collection of annual fees for these inspections through the secured County property tax roll as the most cost efficient method for fee collection. In April, 2007, the Council approved a reduction in fees for apartment buildings, as reflected in Exhibit A to the attached resolution. Staff is not recommending any further changes in the current fees for 2015-16. However, the County requires an annual resolution adopted by the Council authorizing the continued collection of these fees on the property tax roll. The Council adopted Resolution No. 10623 (2015 series) on June 2, 2015 authorizing collection of these fees. An administrative error occurred and not all the fees were properly sent to the County Auditor’s office for the 2015-2016 year. The revised resolution will authorize the uncollected fees that were inadvertently omitted and will now be placed on the 2016-2017 unsecured tax rolls. CONCURRENCES The Fire Department concurs with the recommendation. FISCAL IMPACT In fiscal year 2015-16, the remaining amount to be collected is approximately $188,000. In fiscal year 2016-2017, the amount is approximately $194,000 ALTERNATIVE Do not adopt the resolution and not collect the fees. This would mean that general taxes would subsidize Fire inspections and would be inconsistent with adopted fee policies. 13 Packet Pg. 229 Attachments: a a - Resolution multi Dwelling Program Fees 2015 to be collected with 2016-17 13 Packet Pg. 230 R ______ RESOLUTION NO. (2016 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO COUNTY AUDITOR TO COLLECT FEES FOR 2015-16 FIRE AND LIFE SAFETY INSPECTIONS OF MULTI-DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL FOR FISCAL YEAR 2016-17 PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54988, ET SEQ. WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code Section 17921 to annually inspect multi-dwelling properties containing three or more dwelling units, including apartments, certain residential condominiums, hotels, motels, lodging houses and congregate residences; and WHEREAS, California Health & Safety Code Section 13146.2 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799 (2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in “Exhibit A” hereto, and authorizing the collection of these fees on the secured property tax roll; and WHEREAS, by Resolution 10623 (2015 Series) the City authorized the collection of these fees on the secured property tax roll for fiscal year 2015-16; and WHEREAS, due to a formatting error only a portion of these fees were forwarded to the County for collection on the secured property tax roll for 2015-16, and the remainder mistakenly omitted; and WHEREAS, the Council desires collection of those fees mistakenly omitted from the 2015-16 tax roll by placing them on the secured property tax roll for 2016-17. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to California Health & Safety Code Section 13146.2(b) and Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection fees mistakenly omitted from the secured property tax roll for 2015-16 shall be collected on the secured property tax roll by the San Luis Obispo County Auditor-Controller for fiscal year 2016-17. A listing of fees by assessor’s parcel number shall be provided to the 13.a Packet Pg. 231 Attachment: a - Resolution multi Dwelling Program Fees 2015 to be collected with 2016-17 (1416 : Fire & Life Safety Fees) Resolution No. (2016 Series) Page 2 R ______ County Auditor-Controller for collection on the 2016-17 secured property tax roll in accordance with their schedule and data format requirements, pursuant to California Government Code 54988. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted on July 12th, 2016. ____________________________________ Mayor Jan Howell 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 13.a Packet Pg. 232 Attachment: a - Resolution multi Dwelling Program Fees 2015 to be collected with 2016-17 (1416 : Fire & Life Safety Fees) Resolution No. (2016 Series) Page 3 R ______ EXHIBIT A Multi-Dwelling Fire and Life Safety Inspection Fee Schedule Apartment Houses $28.00 per unit per year Administrative fee of $65.00 per year per facility $10,000 maximum per property Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not-for-profit housing organizations. Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior Facilities, Sororities, Fraternities and Other Congregate Residences 1 to 30 units $200 per year per facility 31 to 80 units $300 per year per facility More than 80 units $400 per year per facility These fees are applicable to all multi-dwelling units in the City based on the following definitions as set forth in the 2013 California Building Code, Chapter 2: Definitions and Abbreviations, Section 202 and Chapter 3, Section 310. Apartment house is any building, or portion thereof, which contains three or more dwelling units, including R-2 residential condominiums. Congregate residences are any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses. Dwelling unit is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for ten or less persons. Hotel is any building containing six or more guest rooms intended or designed to be use, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. Lodging house is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast facilities and hostels, but excludes single family dwellings). Motel shall mean the same as hotel as defined in this code. 13.a Packet Pg. 233 Attachment: a - Resolution multi Dwelling Program Fees 2015 to be collected with 2016-17 (1416 : Fire & Life Safety Fees) Page intentionally left blank.