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HomeMy WebLinkAbout09-20-2016 Agenda Packet Tuesday, September 20, 2016 4:30 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Jan Marx ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx BUSINESS ITEMS 1. SLO TRANSIT 2016-2021 SHORT RANGE TRANSIT PLAN (GRIGSBY / ANGUIANO – 60 MINUTES) Recommendation As recommended by the Mass Transportation Committee and the Planning Commission, adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the 2016-17 Short Range Transit Plan.” ADJOURN TO REGULAR MEETING OF SEPTEMBER 20, 2016 TO BEGIN AT 6:00 P.M. San Luis Obispo City Council Agenda September 20, 2016 Page 2 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 Rivoire INTRODUCTIONS 2. MATT HORN - PUBLIC WORKS DEPUTY DIRECTOR/CITY ENGINEER (GRIGSBY – 5 MINUTES) PRESENTATIONS 3. PROCLAMATION - MONDAY CLUB OF SAN LUIS OBISPO HISTORIC REGISTRY (MARX – 5 MINUTES) Presentation of a Proclamation to the Monday Club of San Luis Obispo, acknowledging the Monday Club for their placement on the National Registry of Historic Places. 4. PROCLAMATION - FIRE PREVENTION WEEK (MARX / OLSON – 5 MINUTES) Presentation of a Proclamation to Garret Olson, Fire Chief, declaring October 2 - 18, 2016 as "Fire Prevention Week." PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15 minutes total) The Council welcomes your input. You may address the Council by completing a speaker slip and giving it to the City Clerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to follow up on such items. San Luis Obispo City Council Agenda September 20, 2016 Page 3 CONSENT AGENDA A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three minute time limit. 5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Recommendation Waive reading of all resolutions and ordinances as appropriate. 6. LABORATORY ANALYSES SERVICES REQUEST FOR PROPOSAL FOR 2017- 2022, SPECIFICATION NO. 91492 (MATTINGLY / FAIRCHILD) Recommendation 1. Approve the release of a request for proposal for 2017-2022 Water and Wastewater Laboratory Analyses Services; and 2. Authorize the City Manager to award and execute a five-year contract if the lowest responsible proposer does not exceed $300,000. 7. CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR PURCHASE OF PARK+ PROGRAM (A PARKING DEMAND MODELING PLATFORM) (GRIGSBY / BOCHUM / LEE) Recommendation Authorize the City Manager to finalize and execute a contract with Kimley-Horn and Associates for the purchase of the Park+ Program for Parking Supply and Demand Modeling not to exceed $100,000. San Luis Obispo City Council Agenda September 20, 2016 Page 4 BUSINESS ITEMS 8. LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT - PREFERRED PROJECT ALTERNATIVE SELECTION (JOHNSON / HILL – 90 MINUTES) Recommendation Receive and file the Preliminary Dredging Report (the “PDR”) prepared by MNS Engineers, Inc. and, as further described in the PDR, direct staff to proceed with further analysis and further recommendations related to the following preferred project alternative: 1. Use of hydraulic or cyclonic dredging equipment as the dredging technology; and 2. Removal of 50,000 cubic yards of sediment from the Laguna Lake as the dredging project option; and 3. Mechanical dewatering at Laguna Lake Park as the dewatering location and method; and 4. Off-site disposal at Cold Canyon Landfill as the sediment deposition location and facility; and 5. Creek bank restoration and installation of a sediment basin at Laguna Lake Golf Course along Prefumo Creek, as well as shoreline restoration at the lake itself, as short-term sediment management strategies. 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) San Luis Obispo City Council Agenda September 20, 2016 Page 5 ADJOURNMENT The next Regular City Council Meeting is scheduled for Tuesday, October 4, 2016 at 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7107. City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the Cit y 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. Meeting Date: 9/20/2016 FROM: Daryl Grigsby, Public Works Director Prepared By: Gamaliel Anguiano, Transit Manager SUBJECT: SLO TRANSIT 2016-2021 SHORT RANGE TRANSIT PLAN RECOMMENDATION As recommended by the Mass Transportation Committee and the Planning Commission: Adopt resolution approving the 2016 Short Range Transit Plan, with modifications as recommended by the Mass Transportation Committee on July 13th, 2016 and the Planning Commission on August 24th, 2016. DISCUSSION A Short Range Transit Plan (SRTP) is intended to provide a general business plan to guide the transit organization’s development over the coming five years. The SRTP includes analysis of four key areas: 1) transit demographics based on surveys and ridership counts, 2) review of the current organization’s effectiveness and efficiencies, 3) identification of opportunities for improvement and 4) comparison with similar “peer” systems. This analysis produced a wide range of options for additional public input and comment. The analysis and public comment helped shape the final and most feasible recommendations. Additionally, the resulting SRTP provides guidance for improved operational, capital and institutional plans, including an implementation plan for the recommended changes. The current SRTP was adopted in 2009 and is now beyond its five year planning horizon. Few of the recommended changes from the last plan were implemented, largely a result of the financial recession slowdown of development activity. In spite of this, the SLO Transit system continues to see ridership gains and, as a result, new operational challenges to meet these demands. The 2016-21 SRTP is aimed at addressing these challenges and to help ensure that local public transit remains relevant to the community’s development and social service needs. Furthermore, this SRTP plan has been prepared jointly and in parallel with the San Luis Obispo Regional Transit Authority (RTA) SRTP to identify means to best coordinate the two services. Moreover, an adopted SRTP is a requirement to be eligible for certain funding sources and enables the pursuit of other local, state and federal grants. Finally, the City’s Circulation Element also requires that the City adopt a SRTP every five years. Background Utilizing state grant funds and a joint RFP process with RTA, LSC Transportation Consultants Inc. was awarded the contract to conduct the independent third-party analysis for the development of the SRTP. Commencing in February of 2015, staff has worked with LSC to 1 Packet Pg. 6 provide institutional data and background information. This information included current routes/schedules, ridership counts, financial expenditures, operational knowledge, etc. for the initiation of the draft SRTP. Over the course of 16 months a total of eight Working Papers, specific to different parts of the comprehensive analysis (e.g. current operations, public input, recommended changes, peer analysis, operational, capital, financial needs, etc.) were created and made available for public review. The compilation of these Working Papers make up the recommended draft of the SRTP. Throughout the process a number of remote and in -person stake-holder interviews, public input and comment periods/opportunities have been afforded, and which help shape the final product. These are summarized below: 1. Feb 27, 2015 – SRTP Kick-of Meeting with Transit Providers (SLO Transit & RTA) 2. Mar, 2015 – Online Rider Surveys (30-days) 3. Mar, 2015 – Driver/Contractor Interviews 4. Mar 3-5, 2015 – Onboard Rider Surveys 5. July 14, 2015 – Stake-Holder Interviews (SLOCOG, MTC, CalPoly, etc.) 6. July 15, 2015 – Joint MTC/RTAC Meeting 7. Dec 4, 2015 – MTC Special Meeting 8. Jan 13, 2016 – Joint MTC/RTAC Meeting 9. Apr 5, 2016 –Public Meeting, Recommended Changes 10. Apr thru May 2016 – 30 Day Public Comment Period 11. May 11, 2016 – MTC Review of Public Comment 12. June 15, 2016 – MTC Special Meeting 13. July 13, 2016 – MTC Meeting, Recommendation for Adoption 14. July 13, 2016 – Planning Commission, Initial Presentation 15. Aug 24, 2016 - Planning Commission, Final Action 16. Sept 20, 2016 – City Council Public Desired Service Improvements It is worth noting that during the Public Perception surveys conducted in 2015, SLO Transit received high marks from the community. Out of the 1,573 collected surveys, SLO Transit received a combined 96% “Good” or “Excellent” rating in “Overall Service Quality” by the public. The current success of the program is also further highlighted when it was demonstrated that SLO Transit was outperforming most of its peers, during the peer-system-analysis, in a number of key performance indicators. However, the 2016 increase in ridership levels has strained the overall transit system in trying to keep up with ridership levels. In the transit system’s current form, it will be unable to support both new riders and support city growth indefinitely. Furthermore, when the public was asked: “What could SLO Transit do better?” the following themes appeared. 1. Later evening service throughout the academic school year 2. Later evening service throughout summer periods 3. Later weekend service in general 1 Packet Pg. 7 Service Change Recommendations A major goal of the SRTP alternatives was to maximize service in order to meet desired service improvements. This is accomplished by focusing service on higher yielding ridership corridors and streamlining the overall system. Careful consideration was given to appropriately move service off of neighborhood streets and onto arterial roadways to improve the safety and on -time performance of the system. Great efforts were made to minimize what is perceived as “loss of service” and only done so if meaningful gains, system wide, could be accomplished by doing so. The existing route structure will be streamlined to enhance service quality along key travel corridors, provide meaningful new connections, and improve service safety and efficiency. Overall, the route network will be reconfigured into a series of four basic bi-directional routes, serving different quadrants of the City and with better integration at the Transit Center. In addition, it is recommended that the routes be identified with a simpler nomenclature, with “A” and “B” designations to differentiate travel direction. The “A” (i.e. Route 1A, 2A, etc.) routes will operate in clockwise direction while the “B” (i.e. Route 1B, 2B, etc.) routes will provide the counterclockwise bidirectional service, see Figure 36, Page 140 of the 2016-21 SRTP:  Routes 1 and 3 will continue to focus and serve the Southeast quadrant of the city but will be streamlined and revised to create new complementing Routes 1A and 1B. Route 1A will serve Johnson, Laurel and Broad St. in a clockwise direction approximately every 45 minutes using a single bus. Route 1B will provide the counterclockwise service with an additional extension to the Marigold Center and French Park Neighborhood with one bus in each direction. Although the Plan recommends reducing Route 3 service east of the UPRR Bridge due to low ridership, development of the Righetti Ranch is scheduled to begin shortly and new housing will be constructed on the north side of Tank Farm Road within the next 12-24 months. Since implementation of the SRTP changes will occur no sooner than summer of 2017 it is unlikely the service reductions would take place and then be reestablished when the development is occupied. Staff will make final recommendation on this service change as part of the 2017 implementation plan.  Route 2 will be expanded to further serve the Southwest quadrant of the City. Enhancements to this route include additional meaningful service from S. Higuera St., over the new LOVR interchange bridge, to the Jr. High School along the LOVR commercial corridor and down Madonna Road with bidirectional service (Route 2A and 2B).  Routes 4 and 5 will be streamlined serve the Western quadrant of the City in a newly renumbered Route 3A (clockwise) and 3B (counterclockwise). Service between downtown and Cal Poly will be shifted from Grand Avenue to California Boulevard (replaced with 4A/4B enhancements). Los Osos Valley Road east of Madonna Road will be eliminated (replaced with 2A/2B). Overall, this will reduce service frequency in the low-ridership areas on the western side of the system, free up two buses for use in higher ridership areas, and improve on-time performance.  Routes 6A and 6B will be consolidated and configured into a bi-directional loop serving Cal Poly and downtown, renumbered as 4A (clockwise) and 4B (counterclockwise). 1 Packet Pg. 8 During peak daytime periods in the school year, two buses will be operated in each direction. This strategy will improve connections between the Foothill/Highland corridor and downtown (and connecting bus services). It will also result in a simpler route structure that is easier for passengers to understand.  All routes will enhance use of the Transit Center for easier system-wide connections. This route plan (absent the expansion of hours of service) will increase the annual number of runs by 6 percent of the existing total, increase the vehicle-hours of service by 9 percent, and only increases vehicle-miles of service by 0.5 percent. At full implementation, two additional buses will be operated at peak. The plan focuses transit resources on areas with the greatest ridership potential; and, specifically; 1. Provides new cross-town travel options between the Madonna Road corridor and the South Higuera corridor 2. Improves on-time performance by building more layover time into the routes 3. Increases service frequency in the key neighborhoods near the Cal Poly campus and to/from downtown 4. 4 Provides service to new neighborhoods and employment opportunities 5. Provides flexibility to expand services in the future to serve new developments, such as Righetti Ranch and the Margarita Area Specific Plan. ENVIRONMENTAL REVIEW The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) (General Rule Exemption), § 15262 (Feasibility and Planning Studies) and/ or § 15276(A) (Transportation Improvement and Congestion Management Programs). FISCAL IMPACT It is important to note that the SRTP is a planning lev el document and does not in and of itself commit the City to implementation of the service recommendations. The SRTP is a fiscally constrained document and adoption of the plan in no way commits the Council or the City to implementation of the service recommendations contained in the plan nor does it imply that the Council endorses all of these recommendations or plan content. The recommendations contained in this document are the consultant’s professional judgment in addressing the data, field observations and overall system analysis and the outcomes for changing service. The SLO Transit is an Enterprise fund that fully funds the operations using a combination of local generated fares, state and federal grants. There is no General Fund contribution to SLO Transit Enterprise fund. Full implementation of the five year recommendations of the SRTP will be dependent on the Enterprise Fund’s ability to meet revenue requirements from these sources. While the plan does create some operational efficiencies and related cost savings these savings are reinvested in service needs. Additionally, in order to create expanded operating hours of service, as identified by the public, a fare increase may need to be considered at some point over the course of this plan’s five-year planning horizon in order to achieve full implementation and 1 Packet Pg. 9 keep up with escalating costs. The FY 2016-17 Transit Budget includes $100,000 to assist in preparing for service changes that could result from adoption of the SRTP. Staff will provide further information and final recommendations for SRTP implementation as part of the FY 17-18 Financial Plan process. Should sufficient revenue sources be available for full implementation, this plan will increase annual operating costs by 6.8 percent. Besides the prior identified funding sources, there also is a potential for new revenues from a new countywide Measure J transportation self-help tax which is set for the November ballot. These revenues are not included in this plan and would not supplant exiting funding sources. If passed, this new revenue would most likely be focused on expanding evening service. Capital costs over the plan period exceed the current forecasted 5307 funds by $5.6 Million, which will require new funding. SLO Transit will also monitor financial conditions to assess future need for fare modifications. CONCURRENCES 1. Mass Transit Advisory Committee (7/13/16) 2. Planning Commission (8/24/16) ALTERNATIVES 1. The Council could deny the plan in its entirety. This is not recommended as the proposed plan is aligned with several General Plan policies and enhances services to transit users. 2. Approve but modify the SRTP with additional direction to staff. 3. Delay adoption of SRTP with direction for staff to prepare any additional analysis or service alternatives. Attachments: a - Resolution - Short Term Transit Plan b - Aug 24, 2016 Planning Commission - Initial Environmental Review c - Council Reading File - SLO Transit Final SRTP 1 Packet Pg. 10 R ______ RESOLUTION NO. XXXXX (2016 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING THE 2016-21 SHORT RANGE TRANSIT PLAN WHEREAS, the City of San Luis Obispo, California operates San Luis Obispo Transit, a public transit service; and WHEREAS, the San Luis Obispo Council of Governments requires transit operators to prepare a Short Range Transit Plan every five years to be included in the regional transportation plan; and WHEREAS, the Mass Transportation Committee conducted a hearing and received public testimony on July 13th, 2016 and recommended approval of the Short Range Transit Plan; and WHEREAS, the Planning Commission conducted a hearing and received public testimony on August 24th, 2016 and recommended approval of the Short Range Transit Plan; and WHEREAS, the City Council conducted a hearing on September 20th, 2016 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, the records of the Mass Transportation Committee hearing and action and the evaluation and recommendation of staff: and WHEREAS, the City Council finds that the proposed Short Range Transit Plan is consistent with the policies of the General Plan; and WHEREAS, the City of San Luis Obispo has developed a Short Range Transit Plan to review it public transit service, and to make recommendation for service improvements; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, who operates SLO Transit, as follows: Section 1. Approval. The City hereby adopts the Short Range Transit Plan dated August 10, 2016 as recommended by the Mass Transportation and Planning Commission. Section 2. Constraints. That the SRTP is a fiscally constrained document and that adoption of the plan in no way commits the Council or the City to implementation of the service recommendations contained in the plan nor does it imply that the Council endorses all of these recommendations or plan content. The recommendations contained in this document are the consultant’s professional judgment in addressing the data, field observations and overall system analysis and the outcomes for changing service. Section 3. Environmental Review. The Council hereby finds and concludes that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3) (General Rule Exemption), § 15262 (Feasibility and Planning Studies) and/ or § 1.a Packet Pg. 11 Attachment: a - Resolution - Short Term Transit Plan (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Resolution No. _____ (2016 Series) Page 2 15276(A) (Transportation Improvement and Congestion Management Programs) and hereby directs staff to file a Notice of Exemption consistent herewith because the project is largely a planning and feasibility study that specifies route changes and refinements along existing corridors that will reduce transportation and reduce congestion and that proposed improvements are largely programmatic in nature and there is not specificity to determine that any impacts will occur and therefore falls within the General Rule CEQA exception. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________, 2016. _____________________ Mayor Jan Marx ATTEST: _____________________ Carrie Gallagher 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 ______________, _________. ____________________________________ Carrie Gallagher City Clerk 1.a Packet Pg. 12 Attachment: a - Resolution - Short Term Transit Plan (1323 : SLO Transit 2016-2021 Short Range Transit Plan) 1 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM USE-OTHER-3400-2016 August 24th, 2016 1. Project Title: 2016-2021 Short Range Transit Plan, For SLO Transit 2. Lead Agency Name and Address: City of San Luis Obispo Public Works Dept. 919 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Gamaliel Anguiano, Transit Manager 805-781-7121 4. Project Location: Citywide 5. Project Sponsor’s Name and Address: City of San Luis Obispo Public Works Dept. 919 Palm Street San Luis Obispo, CA 93401 Project Representative Name and Address: Gamaliel Anguiano, Transit Manager 805-781-7121 6. General Plan Designation: N/A 1.b Packet Pg. 13 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) 2 7. Zoning: N/A 8. Description of the Project: This document presents a five-year (2016-2021) Short-Range Transit Plan (SRTP) developed for the City of San Luis Obispo’s public transit program, SLO Transit. An SRTP is intended to provide a detailed business plan to guide the transit organization over the coming five years. It includes a review of demographics and its transit needs, a series of surveys and ridership counts conducted for all SLO Transit services, a review of the effectiveness and efficiency of existing services, a review of similar systems, analysis of a wide range of options, and the results of public input processes. The resulting SRTP provides operational, capital and institutional plans, including an implementation plan. This SRTP plan has been prepared jointly with the development of a parallel SRTP for the San Luis Obispo Regional Transit Authority (RTA) program, in order to identify means to best coordinate the two services. The proposed update to the SRTP will not result in any new significant environmental impacts consistent with the analysis contained in the environmental document prepared for the SRTP in 2003 (ER 101-03; Attached). All potentially significant effects of the SRTP update were analyzed adequately as having a Negative Declaration. 9. Setting and Surrounding Land Uses: City limits of San Luis Obispo and CalPoly University 10. Project Entitlements Requested: Adoption of the SRTP 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None 1.b Packet Pg. 14 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES X The Department of Fish and Wildlife has reviewed the CEQA document and written no effect determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat (see attached determination). The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Wildlife fees pursuant to Section 711.4 of the California Fish and Wildlife Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Wildlife, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). 1.b Packet Pg. 15 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) 4 DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant” impact(s) or “potentially significant unless mitigated” impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Tyler Corey, Principal Planner For: Michael Codron Print Name Community Development Director 1.b Packet Pg. 16 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) 5 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross- referenced). 5. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has b een adequately analyzed in an earlier EIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance 1.b Packet Pg. 17 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 6 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 1,5, 24, 31 --X-- b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, open space, and historic buildings within a local or state scenic highway? 5, 11, 31 --X-- c) Substantially degrade the existing visual character or quality of the site and its surroundings? 1,11, 31 --X-- d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 10,11, 17, 31 --X-- Evaluation The applicant proposes consolidating, migrating, adding and removing bus routes to align with ridership demands along existing and identified appropriate service corridors. Conclusion: No Impact 2. AGRICULTURE RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 1, 19, 31 --X-- b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 1, 12, 31 --X-- c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 18 --X-- Evaluation No agricultural resources associated with this project. Conclusion: No Impact 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 9, 21, 13, 31 --X-- b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 9, 20, 21, 13, 31 --X-- c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 9, 20, 21, 13, 31 --X-- d) Expose sensitive receptors to substantial pollutant concentrations? 9, 21, 13, 31 --X-- e) Create objectionable odors affecting a substantial number of people? 9, 21, 13, 31 --X-- Evaluation 1.b Packet Pg. 18 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 7 Public Transportation is generally viewed as an air quality impact mitigation tool, typically offsetting immersion from expanded service with increased ridership. The SRTP continues to recommend the use of CARB approved Clean Diesel vehicles and the pursuit of alternative (i.e. electric, hybrid, etc.) powertrains for its fixed-route bus fleet. Conclusion: No Impact 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 5,17, 18, 26, 31 --X-- b) Have a substantial adverse effect, on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? 5,17, 18, 26, 31 --X-- c) Have a substantial adverse effect on federally protected wetlands as defined in Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 5,17, 18, 26, 31 --X-- d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5,17, 18, 26, 31 --X-- e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 5,17, 18, 26, 31 --X-- f) Conflict with the provisions of an adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5,17, 18, 26, 31 --X-- Evaluation No biological resources are associated with this project . Conclusion: No Impact 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5. 5, 23, 24,26, 31 --X-- b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5) 23, 24, 26, 31 --X-- c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 5, 26, 31 --X-- d) Disturb any human remains, including those interred outside of formal cemeteries? 5, 24, 31 --X-- Evaluation The SRTP recommended service changes predominately refine existing services with minor additional service expansion along appropriate corridors within city limits. 1.b Packet Pg. 19 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 8 Conclusion: No Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 4,10, 14, 29, 31 --X-- I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 4,10, 14, 29, 31 --X-- II. Strong seismic ground shaking? 4,10, 14,29, 31 --X-- III. Seismic-related ground failure, including liquefaction? 4,10, 14,27, 29, 31 --X-- IV. Landslides? 4,10, 14, 29, 31 --X-- b) Result in substantial soil erosion or the loss of topsoil? 4,10, 14, 29, 31 --X-- c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off site landslide, lateral spreading, subsidence, liquefaction or collapse? 4,10, 14, 29, 31 --X-- d) Be located on expansive soil, as defined in Table 1802.3.2 [Table 1806.2) of the California Building Code (2007) [2010], creating substantial risks to life or property? 4,10, 14,29, 31 --X-- e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 4,10, 14, 29, 31 --X-- Evaluation The SRTP recommended service changes predominately refine existing services with minor additional service expansion along appropriate corridors within city limits. Conclusion: No Impact 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? 1,13, 20,21, 31 --X-- b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 1,13, 20,21, 31 --X-- Evaluation Public Transportation is generally viewed as an air quality impact mitigation tool. The SRTP continues to recommend use of the CARB approved Clean Diesel vehicles and the pursuit of alternative (i.e. electric, hybrid, etc.) powertrains for its fixe d- route bus fleet. 1.b Packet Pg. 20 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 9 Conclusion: No Impact 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 4, 31 --X-- b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 4, 31 --X-- c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 12 --X-- d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 30, 31 --X-- e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 1, 4 --X-- f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 1, 4 --X-- g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 4, 17 --X-- h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 4, 17, 31 --X-- Evaluation No use of or introduction of hazardous materials are associated with the project. Conclusion: No Impact 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? 5, 15,16, 27, 31 --X-- b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre -existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 5, 15,16, 27, 31 --X-- c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream 5, 15,16, 27, 31 --X-- 1.b Packet Pg. 21 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 10 or river, in a manner which would result in substantial erosion or siltation on or off site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? 5, 15,16, 27, 31 --X-- e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 5, 15,16, 27, 31 --X-- f) Otherwise substantially degrade water quality? 5, 27, 31 --X-- g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 5, 15,16, 27, 31 --X-- h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? 5, 27, 31 --X-- i) Expose people or structures to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 4, 5, 27, 31 --X-- j) Inundation by seiche, tsunami, or mudflow? 4, 31 --X-- Evaluation Implementation of the SRTP has no impact on hydrology or water quality. Conclusion: No Impact 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 1, 10, 31 --X-- b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 1, 9, 25, 31 --X-- c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 5, 12, 31 --X-- Evaluation The SRTP recommended service changes are consistent with the Land Use and Circulation Element of the General Plan which encourages the expansion of public transit services. Conclusion: No Impact 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 5, 31 --X-- b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 5, 31 --X-- Evaluation No mineral resources associated with this project. 1.b Packet Pg. 22 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 11 Conclusion: No Impact 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 3, 9, 10, 31 --X-- b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 3, 9, 10, 31 --X-- c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 3, 9, 10, 31 --X-- d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 3, 9, 10, 31 --X-- e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 1, 3, 9, 10, 31 --X-- 12, 31 --X-- Evaluation There are no recommended changes in vehicle type which would increase noise. Current proposed alternative energy fleet conforms with applicable noise ordinances. Conclusion: No Impact 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 1, 31 --X-- b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 1, 31 --X-- 1, 31 --X-- Evaluation: No housing related impacts associated with this project. Conclusion: No Impact 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? 1, 4, 9,31 --X-- b) Police protection? 1, 4, 9,31 --X-- c) Schools? 1, 4, 9,31 --X-- 1.b Packet Pg. 23 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 12 d) Parks? 1, 4, 9,31 --X-- e) Roads and other transportation infrastructure? 1, 4, 9,31 --X-- f) Other public facilities? 1, 4, 9,31 --X-- Evaluation There are no impacts on public services. The SRTP recommended service changes predominately refine existing services with minor additional service expansion along appropriate corridors within city limits and CaPoly University. Conclusion: No Impact 15. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 1, 10, 31 --X-- b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 1, 10, 31 --X-- Evaluation: The SRTP recommended service changes predominately refine existing bus services, with only minor additional service expansion, along appropriate corridors, within city limits and in order to address ridership demands. In theory, riders will be able to access more recreational facilities (e.g. Damion Garcia) on a more frequent basis by using public transit. Although it should be noted that parks are not typically recognized as ma jor trip generators for the Transit Industry. Conclusion: Less than Significant Impact 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? 2,12, 21,31 --X-- b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? 1, 2, 4, 31 --X-- c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 12, 31 --X-- d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? 2, 21, 28, 31 --X-- e) Result in inadequate emergency access? 4, 31 --X-- f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 2,31 --X-- 1.b Packet Pg. 24 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 13 Evaluation The SRTP recommended service changes are consistent with the Land Use and Circulation Element of the General Plan which encourages the expansion of public transit services. Conclusion: No Impact 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 7,16, 31 --X-- b) Require or result in the construction or expansion of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 7,16, 27, 31, 32, 33 --X-- c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 7,16, 27, 31 --X-- d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new and expanded entitlements needed? 7,16, 31 --X-- e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 5, 7,16, 31, 32, 33 --X-- f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? 5, 8, 31 --X-- g) Comply with federal, state, and local statutes and regulations related to solid waste? 5, 8, 31 --X-- Evaluation No utility or service systems associated with this project. Conclusion: No Impact 18. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? --X-- Implementation of the SRTP will have no impact on fish or wildlife. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of probable future projects)? --X-- Implementation of the SRTP would not result in impacts that are cumulatively considerable. 1.b Packet Pg. 25 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 14 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? --X-- Implementation of the SRTP would result in no environmental effects that would cause substantial direct or indirect adverse effects on human beings. 19. EARLIER ANALYSES. Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). In this case a discussion should identify the following items: a) Earlier analysis used. Identify earlier analyses and state where they are available for review. Consulted were the ER 101-03, City of San Luis Obispo Land Use and Circulation Element (LUCE) Update EIR, available for review at the City Community Development Department (919 Palm Street, San Luis Obispo, CA 93401), or at the following web site: http://www.slocity.org/government/department -directory/community-development/planning-zoning/general-plan b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Applicable excerpts, analysis and conclusions from the LUCE Update EIR have been added to each impact issue area discussion, as appropriate. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions of the project. N/A 20. SOURCE REFERENCES. 1. City of SLO General Plan Land Use Element, December 2014 2. City of SLO General Plan Circulation Element, December 2014 3. City of SLO General Plan Noise Element, May 1996 4. City of SLO General Plan Safety Element, March 2012 5. City of SLO General Plan Conservation & Open Space Element, April 2006 6. City of SLO General Plan Housing Element, January 2015 7. City of SLO Water and Wastewater Element, July 2010 8. City of SLO Source Reduction and Recycling Element, on file in the Utilities Department 9. City of San Luis Obispo Municipal Code 10. City of San Luis Obispo Community Design Guidelines, June 2010 11. City of San Luis Obispo, Land Use Inventory Database 12. City of San Luis Obispo Zoning Regulations March 2015 13. City of SLO Climate Action Plan, August 2012 14. 2013 California Building Code 15. City of SLO Waterways Management Plan 16. Water Resources Status Report, July 2012, on file with in the Utilities Department 17. Website of the Farmland Mapping and Monitoring Program of the California Resources Agency: http://www.consrv.ca.gov/dlrp/FMMP/ 18. CEQA Air Quality Handbook, Air Pollution Control District, April 2012 19. Institute of Transportation Engineers, Trip Generation Manual, 9 th Edition, on file in the Community Development Department 20. City of San Luis Obispo, Archaeological Resource Preservation Guidelines, on file in the Community Development Department 21. City of San Luis Obispo, Historic Site Map 22. City of San Luis Obispo Burial Sensitivity Map 23. Archeological Resource Inventory, Applied Earthworks, Inc. October 2015 Attachments: 1.b Packet Pg. 26 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Issues, Discussion and Supporting Information Sources Sources Potentially Significant Issues Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact 15 1. 2016-2021 SL Transit Short Range Transit Plan 2. ER 101-03 1.b Packet Pg. 27 Attachment: b - Aug 24, 2016 Planning Commission - Initial Environmental Review (1323 : SLO Transit 2016-2021 Short Range Transit Plan) Meeting Date: 9/20/2016 FROM: Carrie Mattingly, Utilities Director Prepared By: Anne C. Fairchild, Water Quality Laboratory Manager SUBJECT: LABORATORY ANALYSES SERVICES REQUEST FOR PROPOSAL FOR 2017-2022, SPECIFICATION NO. 91492 RECOMMENDATION 1. Approve the release of a request for proposal for 2017-2022 Water and Wastewater Laboratory Analyses Services; and 2. Authorize the City Manager to award and execute a five-year contract if the lowest responsible proposer does not exceed $300,000. DISCUSSION On January 31, 2017 the current agreement for contract laboratory services between the City and FGL Environmental will expire. While the City’s Water Quality Laboratory (WQL) performs the majority of the regulatory laboratory analyses for the City’s Water Treatment Plant (WTP) and Water Resource Recovery Facility (WRRF), some tests, such as metals and organics , are best performed by an outside contract laboratory due to impractical economics related to equipment costs, potential hazardous materials handling, and increased staffing costs. Request for Proposal In addition to the required regulatory testing, the City’s WQL routinely undertakes special water quality studies for the WRRF project. The special studies data is used for WRRF design modeling and ultimately ensures that the required water quality goals and regulations will be met after the upgrade is completed. Maintaining laboratory data consistency throughout the 2017-2022 timeframe is critical to providing the WRRF project team with the best possible information from which to make informed decisions. This consistency of quality analyses will be easier to maintain by utilizing the same contract laboratory throughout the WRRF design and construction. It should be noted that even while using the same approved laboratory methods, different laboratories have been shown to experience some variability in their analytical results. For these reasons, staff is requesting a five-year contract during the course of the WRRF project and regulatory testing activities. The agreement also contains an option for a two-year extension FISCAL IMPACT Total fiscal impact is estimated at $60,000 annually or $300,000 over the five-year term of the contract. The new contract would begin February 1, 2017. There is adequate funding available in laboratory services for both water and sewer to cover the cost for 2015-16. The final contract amount will be allocated 25% to water and 75% to sewer with those costs programmed into 6 Packet Pg. 28 future financial plans. ALTERNATIVE Council could decide not to seek a proposal for laboratory services and have City WQL laboratory conduct the additional laboratory analyses. The City does not possess either the necessary equipment or staffing levels to conduct the additional analyses in-house. Conducting the analyses in-house would require significant investments in additional staffing, equipment acquisition, equipment maintenance, and servicing contracts. If Council should choose the alternative, staff would return with a full funding analysis and a request for adequate funding as soon as possible. Attachments: a - Lab Services RFP 2017-2022 Spec No. 91492 6 Packet Pg. 29 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals for Laboratory Analyses Services The City of San Luis Obispo is inviting sealed proposals for Laboratory Services pursuant to Specification No. 91492. All proposals must be received by the Finance Division by October 27, 2016 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Anne Fairchild at (805) 781-7242. City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401-2710 6.a Packet Pg. 30 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) Specification No. 91492 TABLE OF CONTENTS Section A. Description of Work 1 Proposal Detail Worksheet Part 1. Wastewater Constituents 3 Proposal Detail Worksheet Part 2. Drinking Water Constituents 7 Section B. General Terms And Conditions 9 Proposal Requirements 9 Contract Award and Execution 10 Contract Performance 10 Section C. Special Terms and Conditions 13 Contract Term 13 Estimated Quantities 13 Proposal Content 15 Proposal Evaluation and Selection 15 List of Required Submittals 15 Proposal Length and Copies 15 Section D. Form of Agreement 16 Section E. Insurance Requirements 18 Section F. Proposal Worksheets Other 20 Proposal Submittal Summary 20 References 21 Statement of Past Contract Disqualifications 22 ATTACHMENT A. NPDES PERMIT # CA0049224 23 6.a Packet Pg. 31 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -1- Section A DESCRIPTION OF WORK The City is inviting sealed proposals for Laboratory Analyses for Water and Wastewater pursuant to Specifications No. 91492 1.ANALYTICAL METHODS - All laboratory work shall be performed in accordance with Standard Methods for the Examination of Water and Wastewater, 22nd edition, and approved EPA, DHS and APHA analytical methods. 2.LABORATORY CERTIFICATION - All proposers and subcontractor(s) shall be currently certified by the State of California Department of Health Services and Environmental Laboratory Accreditation Program (ELAP) to perform the laboratory analyses listed in the Proposer Detail Worksheet. 3.DETECTION LIMITS - All analytical methods used for work performed for this specification must have minimum detection limits that are below the maximum discharge limits as outlined in the attached "NPDES Monitoring Program" (Appendix A). Especially note the "Receiving Water” and “NDMA” reporting limits. 4.QA/QC REPORTS - The proposer shall supply a written Quality Assurance/Quality Control report concurrently with all analytical results. The QA/QC report describes all QA/QC steps and evaluations taken to ensure accurate, scientifically and legally defensible data as required per ELAP and Standard Methods 22nd Edition. 5.REPORTING FORMAT - The proposer shall submit all drinking water analyses reports on California Department of Public Health (CDPH) forms specifically for that purpose. Drinking water analyses reports submitted on forms other than said CDPH forms shall be considered delinquent. The proposer must maintain a valid CDPH Electronic Data Transfer (EDT) certification during the course of this contract. 6.SAMPLE CONTAINERS - Proposer shall supply all sample containers. Sample containers shall be identified and delivered with legible, preprinted (no hand-written accepted- computer generated only) labels and preprinted (no hand-written accepted- computer generated only) chain-of-custody forms. Preprinted labels and chain-of-custody forms shall contain at minimum: client name, address and phone number, analyses to be performed, frequency of analyses, preservative, sample container type and size and project title. Sample containers shall be prepared with preservatives required per ELAP and/or Standard Methods 22nd Edition. For repeat sampling events, the proposer shall provide customized and preprinted chain-of-custody forms and labels. Proposer shall insure that all sample containers, chains of custody and corresponding labels will be delivered and available to City of San Luis Obispo Laboratory staff one week prior to the start of the next month’s sampling. (As an example, for all sampling events scheduled to take place in December, all sampling containers shall be delivered and available to City of San Luis Obispo lab staff by the third week of November.) 7.SAMPLE PICKUP/DELIVERY –Sample containers, chains of custody will be picked-up by the proposer at a minimum of twice per week. The proposer will initiate a call to the WQL the day prior to the pickup day. Prior to accepting the sample and signing the chain of custody, the proposer must provide personnel able to inspect sample containers, labels and consistency with chain of custodies for completeness and accuracy. The proposer personnel must be able to sign chain of custodies to maintain integrity of the chain of custody and legally defensible data. 8.UNSCHEDULED PICKUP/DELIVERY - In the event of unscheduled sampling episode, the proposer shall arrange for pick-up and a 1-day RUSH turnaround at no surcharge. This service shall be available for up to 12 unscheduled sampling episodes per year. 9.TURNAROUND TIME - Proposer shall provide a 10-12 working day turnaround time for sample analyses and results. All of any month's analytical results shall be provided to the WQL Laboratory, in writing, by the 15th day of the following month, (5th day of the following month for all drinking water results). 10.PROPOSAL PRICES - All bids shall remain stable for the period February 1st 2017 – January 31st 2022. 6.a Packet Pg. 32 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -2- 11.ONLINE AND PAPER-COPY REPORTING– Proposer must provide electronic on-line reporting. The reports must include access concurrently to: QA/QC reports, chain of custodies, data results, invoices, method numbers and a case narrative. The case narrative must summarize the sample description, date sampled, date received, sample or tracking number, sample matrix, a discussion of quality control parameters and method numbers. This information must be available on line for no less than 3 months. The proposer shall notify via email when the online reports are ready for reviewing. All of any month's analytical results shall be provided to the City of San Luis Obispo’s Water Quality Laboratory, on line and in writing, by the 15th day of the following month, (5th day of the following month for all drinking water results). 12.SAMPLE RESULT NOTIFICATION - Proposer must be able to follow special chain of custody instructions for: Oil and Grease, BOD, THM, NDMA and Reagent Water HPC and other analyses as needed. 13.LABORATORY INFORMATION MANAGEMENT SYSTEM REQUIREMENTS (LIMS)- The proposer must utilize a computerized LIMS system or equivalent to generate: reports, data, results items, labels, chains of custody and related items for required contract sampling and, non-contract workloads. 14.REQUIRED PROPOSAL SUBMITTAL - Proposal submittals must include: #1 Completed and Accurate Proposal Detail Worksheet including calculated total 5 year contract pricing, #2 Certificate of Appropriate Insurance, #3 References, #4 Statement of Bidder's Past Contract Disqualifications, if applicable, and #5 Proposal Detail Worksheet, and #6 Examples of: Labels, Preprinted Chain of Custodies, Laboratory Data Report as specified in Section A Description of Work #1-#14. REQUIRED FUNCTIONALITY Table 1 (Functionality Requirements) highlights some mandatory function requirements for this contract. Please provide an example and respond to all aspects of the functional specifications and criteria in the Functionality Requirement Table 1. Any deviation or exceptions from the functionality requirements must be clearly noted in the proposal. The City will entertain other options and recommendations if they can improve upon the current requirements. Proposers must review and provide a response ( C or NA) to each functionality requirement (Table 1 below) by indicating each item with one of the following responses in the proposer response column. If further explanation is needed please attach comments. •Fully Compliant (C): Indicates the proposer’s standards and operating procedures meet and/or exceed the requirement. •Not Available (NA): Indicates that the proposer does not and cannot meet this requirement. Table 1: Functionality Requirements No. Functionality Proposer Response 1.Do you have electronic reports for: permit, process control, special studies and WTP and WRRF plant upgrade data and reports 2013- to date? 1a. If yes to 1. , how long is the information available? 2.Do you utilize a LIMS (Laboratory Information Management System) or equivalent system? 3.Can you provide an example of an April Quarterly Effluent report we would receive as a client as required in Section A above? 4.Do you have a dedicated QA/QC Officer to answer QA/QC and related questions within a 45 minute response time Mon-Fri 7am-6pm PDT? 5.Can you have preprinted chains of custody, labels and sample containers (completed as noted in Section A above) delivered to WQL location for unscheduled events within 24 hours? 6.Can you provide an example of a preprinted chain of custody and label? 7.Can you provide sample containers within a one hour notice? 8.Will you ever use personnel not employed by your company as a carrier service for sample pickup or drop off to or from the WQL? 8a. If yes, who would be your likely third party carrier? 6.a Packet Pg. 33 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -3- 6.a Packet Pg. 34 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -4- 6.a Packet Pg. 35 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -5- 6.a Packet Pg. 36 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -6- 6.a Packet Pg. 37 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -7- * 6.a Packet Pg. 38 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -8- 6.a Packet Pg. 39 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -9- Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Detail Worksheet(s). Any lump sum proposal shall be stated in figures. The Proposal Detail Worksheet(s) must be filled out accurately and completely. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 6.a Packet Pg. 40 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -10- 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Proposer) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Proposer shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business License & Tax. The Proposer must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Proposer warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Proposer shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Proposer is required to pay. 17. Permits and Licenses. The Proposer shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Proposer shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 6.a Packet Pg. 41 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -11- 19.Public and Employee Safety. Whenever the Proposer's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20.Preservation of City Property. The Proposer shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Proposer's operations, it shall be replaced or restored at the Proposer's expense. The facilities shall be replaced or restored to a condition as good as when the Proposer began work. 21.Immigration Act of 1986. The Proposer warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22.Proposer Non-Discrimination. In the performance of this work, the Proposer agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23.Work Delays. Should the Proposer be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Proposer. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24.Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Proposer (Net 30). 25.Inspection. The Proposer shall furnish City with every reasonable opportunity for City to ascertain that the services of the Proposer are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Proposer of any of its obligations to fulfill its contract requirements. 26.Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Proposer in preparing its invoices to City as a condition precedent to any payment to Proposer. 27.Interests of Proposer. The Proposer covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Proposer further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Proposer certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Proposer shall at all times be deemed an independent proposer and not an agent or employee of the City. 6.a Packet Pg. 42 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -12- 28.Hold Harmless and Indemnification. The Proposer 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 Proposer'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 Proposer, 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 Proposer's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29.Contract Assignment. The Proposer shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30.Termination. If, during the term of the contract, the City determines that the Proposer is not faithfully abiding by any term or condition contained herein, the City may notify the Proposer in writing of such defect or failure to perform. This notice must give the Proposer a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Proposer has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Proposer to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Proposer's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Proposer shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Proposer as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Proposer shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Proposer be entitled to receive in excess of the compensation quoted in its proposal. The City reserves the right to terminate the contract without cause and reason whatsoever upon thirty (30) days written notice to the Proposer. 6.a Packet Pg. 43 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -13- Section C SPECIAL TERMS AND CONDITIONS 1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the most responsible, responsive proposer or a combination of factors as determined to be in the best interest of the City. 2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for proposals from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1.5% of the taxable amount of the proposal will be deducted from the proposal by the City in calculating and determining the responsible, responsive proposer. 3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Proposer) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5.Contract Term. The supplies or services identified in these specification will be used by the City between February 1, 2017 and January 31, 2022. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Contract Extension. The term of the contract may be extended by mutual consent with the option for one, 2-year extension. During the contract extension period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U). 7.Estimated Quantities. The quantities indicated in the Proposal Detail Worksheet are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8.Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Proposal Detail Worksheet. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 9.Proposer Invoices. The Proposer shall deliver a monthly invoice to the City, by the 10th calendar day of the following month, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 6.a Packet Pg. 44 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -14- 10.Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Detail Worksheet, as well as any supplemental items, from other vendors during the contract term. 11.Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 12.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this or RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 5 days after authorization to proceed by the City. 13.Start and Completion of Work. Work on this proposal shall begin as stated in Section D: FORM OF AGREEMENT. 14.Liquidated Damages. In the event that the proposer does not meet the work completion date specified in its proposal, the award amount shall be reduced in the amount of one thousand dollars $1000 .00 per calendar day for each day that exceeds the completion date specified in the proposer's proposal. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 15.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Proposer. 16.Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be given to recycled products. The fitness and quality of the recycled product must be at least equal to un-recycled products as determined by the City. The preference percentage shall be based on the lowest price quoted by the supplier or suppliers offering non-recycled products. Price preferences may be offered in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the City. 17.Submittal of References. Each proposer shall submit references on the form provided in the RFP package. 18.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 19.Proposal Content. Your proposal must include the following information: 6.a Packet Pg. 45 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -15- List of Required Submittal: Forms, Templates, Worksheets, Items, Reports a. Proposal Submittal Summary. SEE SECTION F for provided template. b. Certificate of Insurance. SEE SECTION E. c. References from at least three firms for whom you have provided similar services. SEE SECTION F for provided template. d. Statement of Past Contract Disqualifications. SEE SECTION F for provided template. e. Completed and accurate Proposal Detail Worksheet: Parts #1 Wastewater Constituents and Part #2 Drinking Water Constituents including Calculated 5 Year Contract Pricing Summary. SEE SECTION A. f. Certificate of Appropriate ELAP Certifications and Fields of Testing. g. Examples of: Labels and Preprinted Chain of Custodies, as specified in Section A Description of Work #1-#14 for a February Effluent sampling event. h. Provide an example of a April Quarterly Effluent report The City of San Luis Obispo would receive as a client, as required in NPDES Permit # CA0049224 Order # R3-2014- 0033 (provided with invitation for proposal package) as specified in Section A Description of Work #1-#14. . 20. Proposal Length and Copies a. Proposals should not exceed 300 pages, including attachments and supplemental materials. b. Three copies of the proposal must be submitted. 21. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. References. f. Background and related experience of the specific individuals to be assigned to this project. g. Proposed compensation. h. Quality and completeness of required submittal forms, As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected proposer, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 6.a Packet Pg. 46 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -16- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [PROPOSER’S NAME IN CAPITAL LETTERS], hereinafter referred to as Proposer. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for laboratory analysis services per Specification No. 91492. WHEREAS, pursuant to said request, Proposer submitted a proposal that was accepted by City for said laboratory analysis services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from February 1, 2017 to January 31, 2022, with an option to extend for an additional two (2) years. 2. INCORPORATION BY REFERENCE. City Specification No. 91492 and Proposer's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in City Specification No. 91492, City will pay and contractor shall receive therefor compensation based upon actual analysis and services provided. Compensation will be based upon the contractor’s proposal dated [date]. 4. CONTRACTOR’S. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to perform the services set forth on Contractor’s proposal pursuant to the terms and conditions of this agreement and City specification No. 91492. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral 6.a Packet Pg. 47 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -17- agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Proposer Name Address 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Proposer do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: PROPOSER ________________________________ By: _____________________________________ City Attorney 6.a Packet Pg. 48 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -18- Section E INSURANCE REQUIREMENTS Operations and Maintenance The Proposer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Proposer, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Proposer shall maintain limits no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Ommissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Proposer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Proposer; products and completed operations of the Proposer; premises owned, occupied or used by the Proposer; or automobiles owned, leased, hired or borrowed by the Proposer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2.For any claims related to this project, the Proposer's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Proposer's insurance and shall not contribute with it. 3.The Proposer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6.a Packet Pg. 49 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -19- Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Proposer shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date 6.a Packet Pg. 50 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -20- Section F PROPOSAL WORKSHEETS OTHER PROPOSAL SUBMITTAL SUMMARY The undersigned declares that she or he has carefully examined Specification No. 91492, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Wastewater Constituents (sub-total) $ Drinking Water Constituents (sub-total) $ ***TOTAL 5 YEAR CONTRACT PRICE $ *** This 5 year contract price is achieved by adding the subtotals of the Wastewater Constituents and Drinking Water Constituents together equaling the total 5 year contract pricing. 6.a Packet Pg. 51 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -21- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome 6.a Packet Pg. 52 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -22- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative 6.a Packet Pg. 53 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -23- ATTACHMENT A. NDPES PERMIT# CA0049224 Order# R3-2014-0033 ..\..\..\Permits and TSOs\WRRF Permits\NPDES PERMIT CA0049224 2014_WDR_R3-2014-0033_City_SLO.pdf 6.a Packet Pg. 54 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) Page intentionally left blank. Meeting Date: 9/20/2016 FROM: Daryl Grigsby, Director of Public Works Prepared By: Scott Lee, Parking Services Manager Timothy Scott Bochum, Deputy Director of Public Works SUBJECT: CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR PURCHASE OF PARK+ PROGRAM (A PARKING DEMAND MODELING PLATFORM) RECOMMENDATION Authorize the City Manager to finalize and execute a Contract with Kimley-Horn and Associates for the purchase of the Park+ Program for Parking Supply and Demand Modeling not to exceed $100,000. DISCUSSION This item was continued at the request of City Staff at the September 6, 2016 City Council meeting to the September 20, 2016 meeting. This staff report provides all of the information included in September 6, 2016 staff report and now includes the proposed scope of work with Kimley Horn and Associates. The City has recognized the need to evaluate the existing and future parking demands in the area east of Santa Rosa Street up to California Boulevard bounded by Palm and Marsh Streets. New development and redevelopment options in the area of Monterey Street and Santa Rosa Street, including possible mixed use and public/private partnerships, have recently been considered by Council. Presently, the City lacks the ability, from both the personnel and technology perspectives, to adequately analyze the parking implications of these proposals in real-time using the latest technology available. The City studied the expansion of the parking in-lieu fee program in 2002 but Council did not pursue implementation at that time. The Land Use Element of the General Plan, updated in 2014, states that the City shall investigate the addition of the area described above into the existing parking in-lieu fee program. The intent is to incorporate the analysis of expanding the parking in-lieu fee program into the demand modeling process and develop a recommendation for Council. Additionally, the City is in the process of revising the Physical Downtown Concept Plan. This includes a potential expansion of the downtown commercial zone east of Santa Rosa Street. The modeling software will be able to provide parking demand scenarios based on the conversion of these land uses. On June 14, 2016, The Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available. Investigation of the software programs available show that only one vendor has a product that is an interactive parking scenario planning model integrated with ArcGIS. This product can evaluate existing parking supply and demands, identify and test new development and parking facilities, and apply parking management strategies. In the past, the City has contracted with other consulting firms to 7 Packet Pg. 55 analyze existing and future parking demands. However, the lack of a dynamic modeling system means that these analyses only provide a snapshot in time of the demand as opposed to a system that can be updated in real-time by City staff. Kimley-Horn’s Park+ model enables users to analyze the impacts of parking demand for an endless array of municipal scenarios. Planners, engineers, managers, administrators, and developers can all benefit from introducing the Park+ model into the City parking system, as it offers the tools to identify and manage parking demand within any area. Staff has investigated the market regarding parking forecasting tools that currently available. The Park+ model is the only current product in use that is GIS based and can provide the dynamic analysis the City needs for a supply and demand parking model and a pricing based analysis tool. Section 295 of the City’s Financial Management Manual includes the following regarding use of directly negotiated Consultant Services: 4. If it is determined that it is in the best interest of the City for servic es to be provided by a specific consultant—with contract terms, workscope and compensation to be determined based on direct negotiations—contract award will be made by the Council. Based upon available tools, staff has concluded that it is in the best interest of the City to use the Park+ software and Kimley Horn to develop the software model for the parking demand and supply of the City. FISCAL IMPACT On June 14, 2016, as part of the Financial Plan Supplement, the Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available. Kimley-Horn and Associates has a solid understanding of the required work, extensive experience providing similar services and the proven capability to develop innovative solutions on-time and within budget. The scope of work to complete the project as well as additional design services which is estimated at $100,000. The amount of funds allocated by the Council is expected to be sufficient for the purchase and implementation of the Park+ program. Additional funds may be required should the data collection requirements require the use of additional outside resources. Fee Proposal Summary Parking Demand Modeling System Budget Kimley-Horn Park + Model 99,350$ Contract Award 99,350$ Contingency 650$ Total 100,000$ 7 Packet Pg. 56 ALTERNATIVES 1. The Council could choose to add or modify the scope of the proposed project or add additional items to be considered as part of project. Staff does not recommend this alternative since changes to the scope may result in a modification to the contract cost and could delay the start of the engagement. 2. Deny the request to contract with Kimley-Horn and Associates and direct staff to issue a Request for Proposals. Staff does not recommend this alternative given the immediate need to analyze the parking demands east of Santa Rosa Street. In addition, review of other available “off the shelf” parking tools do not have the GIS based capabilities that the Park+ software currently possesses. Attachments: a - Kimley Horn Contract Agreement b - Final SOW Kimley Horn v2 7 Packet Pg. 57 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on September 20th, 2016, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and Kimley- Horn and Associates, Inc., hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, Section 295 of the City’s Financial Management Manual includes the following regarding use of directly negotiated Consultant Services: 4. If it is determined that it is in the best interest of the City for services to be provided by a specific consultant-with contract terms, workscope and compensation to be determined based on direct negotiations-contract award will be made by the Council. And; WHEREAS, The City has recognized the need to evaluate the existing and future parking demands in the area east of Santa Rosa Street up to California Boulevard bounded by Palm and Marsh Streets. That, new development and redevelopment options in the area of Monterey Street and Santa Rosa Street, including possible mixed use and public/private partnerships, have recently been considered by Council. That the City lacks the ability, from both the personnel and technology perspectives, to adequately analyze the parking implications of these proposals in real-time using the latest technology available. The City studied the expansion of the parking in-lieu fee program in 2002 but Council did not pursue implementation at that time. The Land Use Element of the General Plan, updated in 2014, states that the City shall investigate the addition of the area described above into the existing parking in-lieu fee program. The intent is to incorporate the analysis of expanding the parking in-lieu fee program into the demand modeling process and develop a recommendation for Council. Additionally, the City is in the process of revising the Physical Downtown Concept Plan. This includes a potential expansion of the downtown commercial zone east of Santa Rosa Street. The modeling software will be able to provide parking demand scenarios based on the conversion of these land uses: and, WHEREAS, On June 14, 2016, The Council allocated $100,000 in funds for the start of this project and instructed the Parking Services Division to evaluate the options available; and, WHEREAS, Investigation of the software programs available show that only one vendor has a product that is an interactive parking scenario planning model integrated with ArcGIS. This product can evaluate existing parking supply and demands, identify and test new development and parking facilities, and apply parking management strategies. WHEREAS, Staff has investigated the market regarding parking forecasting tools that currently available and has concluded that Kimley-Horn’s Park+ model is the only current product in use that is GIS based and can provide the dynamic analysis the City needs for a supply and demand parking model and a pricing based analysis tool; and, WHEREAS, Kimley-Horn and Associates has a solid understanding of the required work, extensive experience providing similar services and the proven capability to develop innovative solutions on-time and within budget pursuant to said request, Consultant submitted a proposal that was accepted by City for said services. Whereas, staff has determined that it is in the best interest of the City for these services to be provided by Kimley-Horn and Associates, Inc. and that a direct award be made by the Council for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. Start and Completion of Work. Work on this project shall begin within 7 calendar days after contract execution and shall be completed within 150 calendar days thereafter. 7.a Packet Pg. 58 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 2 of 8 3. Contract Term for On-Call Service Contracts. The services identified in this specification will be used by the City between [month/year] and [month/year]. 4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be extended by mutual consent for an additional year. During this extended period, labor rates may be increased to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified of the increases in advance. Rates may be increased to reflect actual cost increases up to a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of adjustment upon request of Contractor. 5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 6. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. In this case the Consultant will be paid compensation due and payable to the date of termination. 7. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement. 7.a Packet Pg. 59 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 3 of 8 9. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 10. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City. The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 15. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application 7.a Packet Pg. 60 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 4 of 8 fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. 23. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 7.a Packet Pg. 61 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 5 of 8 25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 26. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 27. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 28. Required Deliverable Products and Revisions. The Consultant will be required to provide services and work in accordance with Attachment A – proposed scope of Work, dated August 31, 2016. 29. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 30. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission. 31. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 32. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is attendance by the Consultant at up to [number] public meetings to present and discuss its findings and recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 33. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s within two weeks of receipt of the information from the City. 34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. 35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed $100,000. Should the Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. 7.a Packet Pg. 62 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 6 of 8 Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with cumulative monthly payments not to exceed: The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30). 37. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs” when project work is for a federally funded project. In order to ensure the State Department of Transportation achieves its federally mandated statewide overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this agreement. The City has determined that DBE can reasonably be expected to compete for the sub-consulting opportunities in this agreement and has established a DBE advisory percentage of X. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR, Part 26. Participation of DBE’s in the specified percentage is not a condition of award. The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final payment. Records shall show the name and business address of each DBE and the total dollar amount actually paid to each. The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the Consultant by the City. The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the City deems appropriate. 39. Agreement Parties. City: Scott Lee, Parking Manager City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Consultant: Brett Wood, P.E., CAPP Project Manager Kimley Horn 7740 N 16th Street, Suite 300 Phoenix, AZ 85020 (602)906-5500 7.a Packet Pg. 63 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 7 of 8 All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 40. Incorporation by Reference: Consultant's proposal dated August 31, 2016 is hereby incorporated in and made a part of this Agreement. The Insurance Requirement attached hereto as “Section F” are also hereby incorporated in and made a part of this Agreement. 41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. 42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense. 43. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: CONSULTANT: ___________________________________ Kimley-Horn and Associates, Inc. By: ___________________________________ Katie Lichtig, City Manager Mike Hermann, P.E. Principal APPROVED AS TO FORM: ___________________________________ Christine Dietrick, City Attorney 7.a Packet Pg. 64 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) Title Page 8 of 8 Section F INSURANCE REQUIREMENTS: Consultant Services The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or sub-consultants. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 7.a Packet Pg. 65 Attachment: a - Kimley Horn Contract Agreement (1456 : Parking Demand Modeling System) kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 August 31, 2016 Scott Lee Parking Manager Public Works Parking Services 1260 Chorro Street, San Luis Obispo, CA 93401-3668 Re: Professional Services Agreementfor Park+ Dear Scott: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of San Luis Obispo (“Client”) for providing parking analysis services using our Park+ modeling platform. Project Understanding The City of San Luis Obispo wishes to evaluate parking demands and impacts of development decisions the Downtown San Luis Obispo and the Upper Monterey area (as shown in Figure 1). The project will utilize Kimley-Horn’s Park+ modeling platform to evaluate the parking demands associated with existing and new development, as well as the impacts associated with new parking and the necessary structure for parking impact fee collection and allocation. Scope of Services Kimley-Horn will provide the services specifically set forth below. 1. Initial Project Kickoff Meeting – at the kickoff meeting, Kimley-Horn will meet with City staff (as well as invited stakeholders at the request of the City) to discuss modeling parameters and assumptions. Kimley-Horn will also meet with GIS and IS staff to discuss data needs and ultimate implementation of the model. During this kickoff meeting, Kimley-Horn staff will conduct a field tour of the study area to determine specific modeling patterns and relationships between parking and City uses. 2. Initial Data Request and Review – Kimley-Horn will submit a data request to staff, including requests for GIS data (land uses and parking), transit ridership and mode split surveys, special event parameters, and future planned development in the City. Additional addendums are included with this proposal for the collection of parking occupancy data using License Plate Recognition (LPR) equipment and collecting land use characteristics to supplement City data, if needed. 3. Database Development – after the City land use and parking data are compiled, Kimley- Horn will create specific GIS databases for use in the Park+ model. The databases will be structured in ArcGIS shapefiles and compiled into file geodatabases for use in the modeling platform. The existing data provided by the Client will be maintained with columns and data appended to support Park+ functionality. 7.b Packet Pg. 66 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 2 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 4. Model Calibration – Kimley-Horn will calibrate a Park+ modeling platform for the City that accounts for the actual conditions in the study area, through the use of the collected land use and parking occupancy data. The calibration process will include the coding of public and private parking assets, permitted parking restrictions, user walking tolerances, and price/distance sensitivity. Kimley- Horn will calibrate the model to travel demand industry standards using an iterative calibration process that allocates demand reflective to conditions observed in the field. 5. Mid-Project Check-In Meeting – After model calibration, Kimley-Horn will schedule a mid- project check-in meeting with the City to present the calibrated model and begin the scenario development process. The meeting is intended to finalize calibration through iterative analysis and revisions with the clients and begin scenario planning through live model demonstrations and adjustments. At the end of this meeting, Kimley-Horn will be able to finalize scenarios back in the office before completing build-out of the model. 6. Scenario Evaluation – Following the mid-project check-in, Kimley-Horn will use the calibrated Park+ model to analyze various scenarios related to the planned City development. Scenarios will be delivered with the modeling platform upon completion. Up to four (4) scenarios will be evaluated as part of this proposed scope. Additional scenarios can be included at an additional cost. 7. Final Presentations – Kimley-Horn staff will be available for presentation of model findings to Client staff. The proposed budget includes two days of on-site meetings and presentations. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: x In the field data collection, including license plate recognition (LPR) data collection and/or land use data collection x Additional meetings x Additional calibrations x Additional scenarios x Model ownership, including training and necessary license fees x On-call support for the model, whether owned or Kimley-Horn supported Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: x Study area land use data, in ArcGIS shapefile format, including use type and size x Study area parking data, including historic occupancy and inventory x Study area user information, including mode split and walking characteristics 7.b Packet Pg. 67 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 3 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 7 for the total lump sum labor fee below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, subconsultant costs, and other direct expenses will be billed at 1.10 times cost. 1 – Kickoff Meeting $5,600 2 – Data Request/Review $5,800 3 – Database Development $12,900 4 – Model Calibration $15,300 5 – Mid-Project Meeting $5,600 6 – Scenario Analysis $11,300 7 – Final Presentations $6,600 Total Lump Sum Labor Fee $63,100 Lump sum labor fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of San Luis Obispo. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: ____ Please email all invoices to ___________________________ ____ Please copy _______________________________________ If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully- executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. 7.b Packet Pg. 68 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 4 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Brett Wood, P.E., CAPP Mike Hermann, P.E. Project Manager Principal 7.b Packet Pg. 69 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 5 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 City of San Luis Obispo A Municipality ____________________________________ (Date) (Print or Type Name and Title) (Email Address) , Witness (Print or Type Name) Official Seal: 7.b Packet Pg. 70 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 6 kimley-horn.com 7740 N 16th Street, Suite 300, Phoenix, AZ, 85020 602-906-5500 Figure 1 – Proposed Study Area (C-C Zone and Proposed C-C Expansion) See Exhibit 1 7.b Packet Pg. 71 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) kimley-horn.com 7740 N 16th St, Suite 300,Phoenix, AZ 85020 602-906-5500 Park+ Options for Ownership or Access Kimley-Horn provides two options for model ownership or access following the completion of the scoped development and analysis of the Park+ model. These two options include: MODEL OWNERSHIP AND ONLINE ACCESS Kimley-Horn is moving access to the Park+ model to the ESRI online cloud, allowing our users to access the model and data online, without the need for a dedicated ArcGIS license or local data storage. The solution will include a singular login that can be used by anyone within the client’s staff. The annual hosting fee also includes access to all module and versioning upgrades as they are implemented, as well as software support for model issues. Kimley-Horn can also provide hourly on- call support for model review, data management and updating, scenario development, and model calibration, if requested by the user. One Time License Fee for Model Ownership - $10,000 Model Training for Staff - $5,000, plus reimbursable expenses Annual Hosting and Maintenance Agreement - $10,000 On-Call support – Hourly, as needed KIMLEY -HORN ON -CALL SUPPORT In lieu of model ownership, Kimley-Horn can provide model support through an on-call agreement that allows for model review, data management and updating, scenario development, and model calibration, as requested by the user. These services would be conducted on an hourly basis, at our current hourly rate structure. In addition, if the user would like a login to access data and see model results, that service can be provided for a fee of $8,000 annually. That fee covers access, review, and report production (standard PDF reports in Park+). 7.b Packet Pg. 72 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 2 kimley-horn.com 7740 N 16th St, Suite 300, Phoenix, AZ 85020 602-906-5500 Park+ Sole Source Justification The Park+ parking scenario planning model is a proprietary modeling platform developed by Kimley- Horn. The model, and all of the processes and design associated with it, were designed by parking and software professionals at Kimley-Horn. The model is a unique platform provided only by Kimley-Horn. No other firm provides a dynamic ArcGIS-based model that allows its clients to distinctly maintain parking and land use databases and quickly and cost-effectively evaluate how changes in parking and land use will impact parking demands in an area. Kimley-Horn’s Park+ model has been developed and tested among more than 25 municipalities and universities over the past few years. Additionally, Kimley-Horn can deliver its Park+ model in an expedited time frame because the model has been refined through these numerous deployments. 7.b Packet Pg. 73 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Page 3 kimley-horn.com 7740 N 16th St, Suite 300, Phoenix, AZ 85020 602-906-5500 License Plate Recognition Data Collection The following scope is for the collection of parking occupancy data with Kimley-Horn’s license plate recognition (LPR) equipment. Task 1 – Meetings & Coordination As part of the Downtown San Luis Obispo parking occupancy and turnover study, the following meetings will be facilitated: 1. Project Kick-Off – An initial meeting will be held to discuss the data collection effort and responsibilities of Kimley-Horn and the client via conference call. 2. Presentation of Existing Condition Findings –Kimley-Horn will facilitate a conference call to discuss the findings of the study via conference call. Task 2 – Occupancy Data Collection The study area is assumed to include all on-street and off-street parking facilities within the Proposed Parking District and the C-C Expansion Area Existing parking occupancies will be collected for facilities within this study area for two days (to be decided in consultation with the client) for a 12 hour period each day from 10:00 AM through 10:00 PM, every hour. Additional days or time periods may be collected at an additional expense of $7,500 per day. License Plate Reader (LPR) technology will be utilized for the on-street data collection process. Occupancy and turnover data collected with the LPR equipment will be processed and merged with the parking shapefile provided by the client, for use in the Park+ model. Off-street data collection will be collected manually and included in the parking shapefile for use in the Park+ model. Proposed Fee Labor: $21,500 Equipment Fee (4 LPR units): $3,750 Estimated Expenses: $3,000 Estimated Total: $28,250 7.b Packet Pg. 74 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Programming and Model Development Kickoff Meeting 5,600.00$         Data Request/Review 5,800.00$         Database Development 12,900.00$     Model Calibration 15,300.00$     Mid‐Project Meeting 5,600.00$        Scenario Analysis 11,300.00$     Final Presentations 6,600.00$        63,100.00$     Programming and Occupancy Development Labor 21,500$           License Plate Recognition Systems (4)3,750$             Misc Expenses 3,000$             28,250$           Total for Model Development (Does not include Land Use):91,350.00$     Additional Costs:  Iniatial On‐Call Scenario Support (65 Hrs est.)8,000.00$       Total Proposed Budget Model Development:99,350.00$      Future Annual Costs:  Alternative 1: One Time License Fee 10,000$           Model training For Staff 5,000$             15,000$           Alternative 2: Annual Hosting & Maint Agreement 10,000.00$    /year Misc Staff Access rto Model:8,000.00$        18,000.00$     7.b Packet Pg. 75 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Parking In Lieu Expansion AreaOverlap Planning AreaParking In Lieu AreaStudy Area – Parking Demand ModelExhibit 17.b Packet Pg. 76 Attachment: b - Final SOW Kimley Horn v2 (1456 : Parking Demand Modeling System) Meeting Date: 9/20/2016 FROM: Derek Johnson, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager SUBJECT: LAGUNA LAKE DREDGING AND SEDIMENT MANAGEMENT PROJECT - PREFERRED PROJECT ALTERNATIVE SELECTION RECOMMENDATION Receive and file the Preliminary Dredging Report (the “PDR”) prepared by MNS Engineers, Inc. and, as further described in the PDR, direct staff to proceed with further analysis and further recommendations related to the following preferred project alternative: 1. Use of hydraulic or cyclonic dredging equipment as the dredging technology; and 2. Removal of 50,000 cubic yards of sediment from the Laguna Lake as the dredging project option; and 3. Mechanical dewatering at Laguna Lake Park as the dewatering location and method; and 4. Off-site disposal at Cold Canyon Landfill as the sediment deposition location and facility; and 5. Creek bank restoration and installation of a sediment basin at Laguna Lake Golf Course along Prefumo Creek, as well as shoreline restoration at the lake itself, as short-term sediment management strategies. REPORT-IN-BRIEF In January 2016, the City retained the firm MNS Engineers (“MNS”) to assist the City with the work plan that was adopted by the City Council as part of the “Other Important Council Objectives” associated with the 2015-17 Financial Plan. The first phase of the work prepared by MNS, in consultation with staff, includes development of the Preliminary Dredging Report (“PDR”). The PDR documents eleven significant key project elements. The fiscal impacts associated with the Laguna Lake Dredging and Sediment Management Project, as recommended, are substantial. Staff anticipates that the total project cost based on staff’s recommended preferred alternative is estimated to be $10-12 million. Following the City Council’s selection of the preferred project alternative, it is expected that staff and the City’s consultant team will analyze the costs and the benefits that will accrue to the community, to neighboring property owners and residents, and to the natural ecosystems found within Laguna Lake and its surroundings, and complete the required California Environmental Quality Act (CEQA) analysis. As overall project costs and project feasibility are further refined based on subsequent engineering, environmental review, and evaluation of the potential for land-based financing, staff will return to Council for additional actions necessary to move the project to “shovel ready” status. 8 Packet Pg. 77 DISCUSSION Background The City of San Luis Obispo owns the 344 -acre Laguna Lake Natural Reserve (the “Reserve”) that includes most of the lake itself, portions of Prefumo Creek and its outlet into the lake, and adjacent upland areas. The City Council adopted the Laguna Lake Natural Reserve Conservation Plan (“Conservation Plan”) on July 15, 2014 to guide future management of the Reserve by offering a framework for conservation, restoration, recovery, and scenic recreational use. Laguna Lake is primarily a naturally occurring lake, although the lake and its watersheds have been altered and manipulated, to include the re-routing of Prefumo Creek into the lake in the early 1960s to help facilitate the 1961 Master Plan for Laguna Lake and the construction of Tract 279 along Oceanaire. This has resulted in increased sediment deposition rates. Recent bathymetric surveys indicate accelerated changes in lake depth and morphology resulting in decreased water quality and aquatic habitat functions, as well as diminished aesthetic and recreational values associated with the lake. As a result, dredging and sediment management strategies are among the primary recommendations of the Conservation Plan. The City’s Financial Plan for 2015-17 identifies implementation of the Conservation Plan as an “Other Important Council Objective” and includes a work plan that contains all of the necessary steps to make a dredging and sediment management project “shovel ready”. In January 2016, the City retained the firm MNS Engineers (“MNS”) to assist the City with the work plan that was adopted by the City Council. MNS is the prime contractor for a multi-disciplinary team to complete the following main tasks: 1.) Prepare Design Plans and Engineering Specifications; 2.) Environmental Studies and Project Permitting; and 3.) Public Outreach and Financing Options. Preliminary Dredging Report The first phase of the work prepared by MNS, in consultation with staff, includes development of the Preliminary Dredging Report (“PDR”). The PDR documents 11 key project elements: 1. A review of the current status of the lake, previous studies, and management documents; 2. New geotechnical and water quality testing data; 3. New biological and cultural resource assessments; 4. A review of applicable dredging technologies and approaches; 5. Development of dredging alternatives; 6. Recommendations for deposition and disposal of sediments; 7. A preferred alternative recommendation; 8. Dredging operations recommendations; 9. Recommendations for future sediment management; 10. An overview of additional project amenities and project enhancement opportunities; and 11. An analysis of project funding options. Of the project elements described in the PDR, those that are especially pertinent to the recommendations set forth in this Council Agenda Report are further detailed below. 8 Packet Pg. 78 Geotechnical Investigation and Sediment Characterization A geotechnical investigation and analysis was completed in the spring of 2016 by Leighton Group, Inc., to characterize lake bed deposits, identify any contaminants present in lake sediments, determine the slope stability of the existing lake shore banks, and provide dredging recommendations based on the findings of their investigation. The complete geotechnical report documenting the geotechnical investigation and analysis is provided in the PDR. The subsurface investigation included five surface soil samples and eleven vibracore samples. For each core, samples were taken at discrete intervals, three per core, in order to enable detailed sediment chemistry testing. The results of the geotechnical investigation indicated that the lakebed materials are largely silty to fat clays (CH) interlayered with lean clay (CL) and inorganic silt (MH) throughout the lake and within the principal proposed dredging areas. There is limited sand present in thin surface layers within the delta formed at the mouth of Prefumo Creek. The clays generally transition from a soft oxidized clay to a stiff clay with little to no air voids with increasing depth. Sediment samples collected were analyzed for metal and nitrate and phosphate content. In addition, modified elutriate tests were performed on sediment collected from Laguna Lake. Sediment chemistry testing detected nickel, Chromium 3 (Cr+3) and Chromium 6 (Cr+6) in the areas surrounding the lake as well as concentrations in the lake sediment. The detectable levels of chromium and nickel in the soil samples are naturally-occurring and the result of outcrops of serpentine rock located in the surrounding watersheds that drain to the lake. Detected levels of nickel and Chromium (Cr+6) are below the EPA dictated National Action Levels (NALs). However, at some locations, samples exceed the US EPA Region 9 Regional Screening Level (RSL) for a residential setting. Soil chemistry is typical of the general region, with no contamination noted from man-made sources such as Total Petroleum Hydrocarbons (TPH), Volatile or Semi-Volatile Organic Compounds (VOC or SVOC), or Pesticides. Dredging Technology There are three main types of appropriate dredging techniques associated with small inland water bodies: 1) mechanical, 2) hydraulic, and 3) cyclonic. Mechanical dredging involves the physical excavation of sediment material using conventional earth moving equipment, such as a backhoe, or specialized excavation equipment, such as a clam shell excavator or draglines. The advantages of mechanical dredging are that water is not required for dredging operations, little water is used in the dredging process and excavated soil material maintains its in-situ density. Disadvantages associated with mechanical dredging are that the excavation is not as precise as other methods and the reach distance of mechanical equipment can limit excavation extents or require additional logistics; this is especially true given the soil characteristics at Laguna Lake. Hydraulic dredging is performed by using sucti on to pump sediments to the shore in a slurry state. The advantages of hydraulic dredging are dredging precision, flexibility of reach, and access to sediments. The chief disadvantages of hydraulic dredging are the required water use associated with making the slurry, down times to repair and maintain piping, and the drying time required for slurry dredged sediment. With cutting head attachments hydraulic dredging can also 8 Packet Pg. 79 increase the turbidity of the water body being dredged. Turbidity issues associated with hydraulic dredging can be mitigated through the use of a turbidity curtain. Cyclonic dredging is an emerging hydraulic dredging technology that generates a vortex to transport sediments. The vortex reduces friction between transported sediments and the transmission pipe resulting in higher excavation rates, increased percent age of solids in slurry dredged sediment, less pipe break downs, and a longer pipe transport range. Dewatering processes would limit typical excavation rates of both conventional and cyclonic dredging operations. However, the increased percent solids of slurry material achieved by cyclonic dredging would accelerate the dewatering process, which could translate to less onsite space used for dewatering and an increased dredging rate. Even with cutting head attachments cyclonic dredging reportedly does not increase the turbidity of the water body being dredged. The following table provides a summary of different aspects of the three dredging techniques: Color Key Poor Fair Fair Good Dredging Technology Options Mechanical Hydraulic Cyclonic Environmental Impact Medium – Low Turbidity Medium Turbidity, Some Water Level Impact No Turbidity, Slight Water Level Impact Works Offshore With barge or constructed land bridge Yes Yes Excavation Rate (CY/Hr) NOte 70-100 200-400 900-1000 Percent Solids In Situ 10-20% Up to 80% Daily Maintenance (Hrs/Day) 1 2 <1 Minimum Operational Depth None 3 feet < 3 feet Accuracy Rough grading Precise Precise Soil Transport via Pipeline No Yes Yes Pipeline Transport Range N/A 3,000 feet >5,000 feet The recommendation is to select hydraulic or cyclonic dredging as a combined option in the plan specifications giving the City the opportunity to better understand the competitive bidding environment for a project that utilizes either of these options. This is because cyclonic dredging is relatively new technology and not all prospective contractors have access to it. 8 Packet Pg. 80 Dredging Priority Areas Three Priority Areas were identified by staff and the engineering consultant as part of the PDR and ranked in order of importance. These areas are outlined in the exhibit below, and are also shown as Figure 8 of the PDR and in the Map Set that is Attachment A. The area encompassing the northwest inlet, peninsula inlet, and transition into Center Lake was not considered for the proposed dredging project. The northwest inlet and peninsula inlet areas have high environmental and biological significance and should not be disturbed. The area between the northwest and peninsula inlets and Center Lake experiences a low rate of sedimentation because of the topography and characteristics of these drainages and the ability of the marsh wetlands to capture the sediment. Dredging Project Alternatives Alternative 1 addresses Priority Area 1, the area identified as having the highest sedimentation rate in Laguna Lake. Dredging in this area has the greatest impact on the lake’s ability to capture sediment passing through Prefumo Creek and Prefumo Arm. This elevation was selected to address the alluvial fan in Priority Area 1 but also to connect the northwest end of the lake to Center Lake with a smooth transition. The total project hard costs would be roughly $5.26 million with dewatering using onsite sedimentation ponds or $6.34 million with mechanical dewatering. The physical characteristics of Alternative 1 are shown in the table, below: 8 Packet Pg. 81 Characteristic Value Target Priority Area(s) 1 Dredged Volume 36,500 CY Dredged Area 15.95 acres Max. Existing Elevation 119.2 Finished Elevation 114.0 Max. Dredging Depth 5.2 feet Lake Capacity Increase 22.6 AF A range is proposed for Alternative 2 in order to provide the opportunity to select a point within the range that best satisfies the goals of this dredging project within potentially available financing. The low end of the range is anticipated to cost approximately $6.95 million with dewatering basins and $8.68 million using mechanical dewatering practices. The high end of the range for Alternative 2 is anticipated to cost approximately $11.32 million with the sedimentation pond method for dewatering and $14.55 million using mechanical dewatering. By addressing Priority Areas 1 and 2, Alternative 2 provides a greater ability to remove sediment than Alternative 1. Alternative 2 also increases the lake depth over a larger area, which provides both environmental and recreational benefits. Expanding the dredging area towards the boat launch area provides access to deeper water for kayakers, canoers, and other recreational boaters. A wider, deeper lake bed also provides aquatic wildlife with a larger habitat and overall healthier ecosystem. The physical characteristics of Alternative 2 are shown in the table, below: Characteristic Value Alternative 2-Min Range Alternative 2-Max Range Target Priority Area(s) 1 & 2 1 & 2 Dredged Volume 50,000 CY 85,000 CY Dredged Area 21.40 acres 31.00 acres Max. Existing Elevation 119.2 ft. asl 119.2 ft. asl Finished Elevation 113.75 ft. asl 113.25 ft. asl Max. Dredging Depth 5.4 feet 5.9 feet Lake Capacity Increase 31.0 AF 52.7 AF Alternative 3 represents the alternative in which all three priority areas are dredged. Alternative 3 would cost roughly $21.6 million with the sedimentation pond method for dewatering and $27.3 million using mechanical dewatering. The physical characteristics of Alternative 3 are shown in the table, below: 8 Packet Pg. 82 Characteristic Value Target Priority Area(s) 1, 2, &3 Dredged Volume 167,000 CY Dredged Area 35.37 acres Max. Existing Elevation 117.6 Finished Elevation 111.5 Max. Dredging Depth 6.1 feet Lake Capacity Increase 103.5 AF In sum, Alternative 1 represents the minimum economically feasible project in consideration of mobilization costs and achieving the primary project goal of attending to the accumulated sediment at the outlet of Prefumo Creek. Alternative 3 represents a project that would result in lake depths of approximately 9 feet when full through the Center Lake and Southeast Arm, which is consistent with prior Council direction in 2010; however, at an expected cost of over $20 million, this alternative is likely to be financially infeasible. Alternative 2 provides a project that achieves the primary project goal of attending to the accumulated sediment at the outlet of Prefumo Creek, while also providing longer-lasting benefits and additional aesthetic and recreational benefits. In consideration of these expected benefits, on balance with anticipated financial feasibility, a project in the low range of Alternative 2 that will remove 50,000 cubic yards of sediment from the lake is therefore recommended as the preferred dredging option. Dewatering Dredged sediment can be mechanically dewatered, dewatered using dewatering basins, or dewatered by a combination of the two methods. Dewatering basins require adequate onsite space; in the case of the Laguna Lake project 6-8 acres would be necessary. A typical dewatering basin system has a sequence of at least three basins. Dredge slurry is pumped into the dewatering basin at the top of the sequence until that dewatering basin is full. The material is then allowed time to settle. Optionally, additives may be used to decrease the settling time. Clarified water is then pumped or syphoned off the top of the dewatering basin and sent to the second and third basins in the series for additional clarification. The basin retention time required to meet turbidity requirements identified in the permitting process is also another factor that will affect production schedule. Locating adequate space for settlement basins will likely be challenging on City owned property on the north side of the Lake within the park due to other ongoing uses. Mechanical dewatering allows for faster return of water used in dredging operations but is generally more expensive. However, mechanical dewatering can be accomplished with less onsite space; in this case 3-4 acres. Mechanical dewatering methods can include belt presses, centrifugal sludge handlers, screw presses, or heat, among others. Commercial sludge dryers of various t ypes are commonly used due to their ability to incorporate return water treatment processes. 8 Packet Pg. 83 Due to space considerations in the park and the goal of minimizing disruptions in the park, timing dewatering with the pace of dredging production, as well as the opportunity to return treated water back into the lake quickly, mechanical dewatering is recommended. The proposed dewatering area is delineated in Figure 18 in the PDR and in the Map Set that is Attachment A. This option was endorsed by the Parks and Recreation Commission at their meeting on August 3, 2016 (Attachment B). A summary of dredging and dewatering project options is depicted in the table below: Proposed Alternative Priority Areas Dredged Volume (CY) Total Cost Cost Per CY Alternative 1A 1 36,500 $5.3 million $144.1 Alternative 1B 1 36,500 $6.3 million $173.8 Mechanical Alternative 1 1 36,500 $6.1 million $165.7 Alternative 2A- Min Range 1 & 2 50,000 $7 million $138.9 Alternative 2B- Min Range 1 & 2 50,000 $8.7 million $173.7 Mechanical Alternative 2- Min Range 1 & 2 50,000 $7.4 million $148.6 Alternative 2A- Max Range 1 & 2 85,000 $11.3 million $133.2 Alternative 2B- Max Range 1 & 2 85,000 $14.6 million $171.2 Mechanical Alternative 2- Max Ranage 1 & 2 85,000 $12.4 million $145.5 Alternative 3A 1, 2, &3 167,000 $21.6 million $129.1 Alternative 3B 1, 2, & 3 167,000 $27.3 million $163.5 Mechanical Alternative 3 1, 2, & 3 167,000 $23.2 million $139.1 A – Hydraulic Dredging with Dewatering Basin B – Hydraulic Dredging with Mechanical Dewatering Sediment Deposition Several sites were evaluated for the deposition of dredged material. To minimize hauling costs, only sites within 10 linear miles of Laguna Lake were considered. Due to the silty, heavy clay nature of the sediment, few beneficial uses exist for the dredged material. However, all potential sites within the 10-mile radius were evaluated, including the Laguna Lake Natural Reserve and Laguna Lake Park, privately-owned property adjacent to the Reserve, Cold Canyon Landfill, the Chevron Tank Farm, and Price Canyon oil field. 8 Packet Pg. 84 The area directly to the east and northeast of Laguna Lake is part of the Laguna Lake Natural Reserve and the Laguna Lake Park, both City-owned properties with open land available for sediment deposition. Various areas within these properties were identified and evaluated for potential sediment deposition. However, an on-site deposition strategy proved to be challenging for three primary reasons: 1.) both prior and current botanical surveys (Keil, 1996; Terra Verde, 2014; Rincon 2016) documented the presence of numerous rare, special-status plant species including the adobe sanicle (sanicula maritima) which would require an Incidental Take Permit from California Department of Fish and Wildlife prior to any site disturbance under the California Endangered Species Act; 2.) the geotechnical and chemical properties of the sediment both in the lake and in the soil at the areas identified for potential deposition, as discussed above under the Geotechnical Investigation sub-heading; and 3.) the total volumes of sediment under consideration, if placed on-site, would result in substantial areas of the Reserve and Park being disturbed during the course of dredging operations that would likely require most, if not all, of the Reserve and Park to be closed during construction, while ongoing restoration and monitoring efforts would continue for many years following the physical implementation of the dredging project. For these reasons, on-site deposition should not be considered. Various local ranch properties were also identified and evaluated as potential deposition sites for the dredged sediment. Several of these properties are adjacent to Laguna Lake and these sites could be accessed through public roads or roads created through private property. Several other nearby and regional locations were also identified. However, large portions of these sites lie within the 100-year flood plain, according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), which limits the available area for deposition, while the geotechnical and chemical properties of the dredged sediment would also be problematic for potential deposition on private properties. Currently, the only plausible and feasible deposition site of the dredged sediment is the Cold Canyon Landfill (Cold Canyon), which is a Class III municipal solid waste disposal facility and is already permitted by the appropriate regulatory agencies for accepting waste materials. It is located seven miles to the southeast of the City along Highway 227. A meeting was conducted on May 26, 2016, between MNS, the City, and Cold Canyon representatives to discuss several criteria regarding the disposal of dredged sediment. Under its current permit, the dredged sediment meets Cold Canyon acceptance criteria and the facility can receive up to 1,200 tons of solid waste per day. Accounting for the Landfill’s average daily intake from municipal trash collection, Cold Canyon can receive approximately 600 tons of sediment per day. At an estimated unit weight of 125 pounds per cubic foot (lb/ft3), 600 tons equals roughly 350 CY of sediment, which approaches the estimated daily dredging production rate. Cold Canyon plans to open a new landfill cell on its property in the coming months, and under a new permit, it could receive a total of 1,600 tons of solid waste per day. The increased capacity could allow for a higher sediment disposal rate. For planning and cost-estimating purposes, Cold Canyon suggests a tipping fee of $20 per ton ($33.75/CY). This rate is lower than the tipping fee for private entities, although further negotiations would be made before a contract is finalized. When finalized, the contract would be active for one year. Cold Canyon also imposes a moisture content limit of 50% for the sediment. The quality of the sediment has been initially accepted; however, Cold Canyon requires a soil 8 Packet Pg. 85 sample report for every 1,000 CY of sediment disposed of at the Landfill, with soil samples valid for up to one year before disposal. Sediment Reduction There are two areas within and tangent to Laguna Lake that are actively contributing sediment to the lake environment due to eroded and unstable conditions. Sections along Prefumo Creek within the upstream extent of the Laguna Lake Golf Course have become over-steepened and present near vertical banks where this section of creek leaves the original, historic alignment of Prefumo Creek and enters the re-aligned and straightened portion of Prefumo Creek that was completed in the early 1960s. At this location, the creek appears to be re-gaining sinuosity and a natural “angle of repose” but in doing so has caused significant erosion. Stabilization measures should be evaluated on a case by case basis through this system by the design engineer and biologist to insure desired outcomes due to the dynamic nature of creek systems and the propensity of one action to cause another action further downstream. Areas of erosion and shoreline sloughing exist along the northeast shore of the lake near the boat launch/ramp area, access road and parking lot. In addition, the shoreline path has eroded and parts of the path and road have failed due to wave action associated with the predominant westerly winds frequently encountered at the lake. The design recommendations that govern selection of shoreline erosion protection are further described in the PDR and include: 1. Indirect or vegetative methods preferred over structural methods such as is vegetated rock slope protection ("VRSP"), as may be necessary; 2. Protect and conserve stream bank and shoreline features with the potential to attenuate impaired runoff; and 3. Plan and manage activities within the water bodies adjacent to shorelines and along the shoreline to limit erosion. Over the longer-term, the Laguna Lake Natural Reserve Conservation Plan also recommended seeking voluntary conservation easement agreements in the upper watersheds that drain to the lake in order to maintain low-intensity land uses in these areas. Staff will continue to track such opportunities through the City’s Greenbelt Protection Program, with recognition that protection of the watersheds associated with Laguna Lake would represent an additional, substantive benefit relative to the priority-setting of land conservation opportunities throughout the Greenbelt. Sediment Management Prior studies indicate that the Prefumo Creek watershed deposits an average annual load of 8,000 CY of coarse sediment in the Prefumo Inlet and 3,900 CY of finer sediment in the Center Lake portion of Laguna Lake. In total, an estimated 11,900 CY of sediment is carried from the Prefumo Canyon watershed and deposited in the Prefumo Inlet and Center Lake per year. These deposits are detrimental to the water quality, fish habitat, recreational use, and hydraulic capacity of Laguna Lake. It is recommended that sediment from the Prefumo Creek watershed be collected and removed to 8 Packet Pg. 86 the extent possible before they are deposited in the lake since the sediment deposits spread out over a larger area. Soil deposits from the Prefumo Creek watershed also become more sorted and have the potential to mix with contaminants, making the material excavated from the lake less feasible for offsite placement. In addition to collecting and removing sediment in the Prefumo Inlet downstream of Los Osos Valley Road, it is recommended that a new sediment collection pond be created in the area immediately upstream of Los Osos Valley Road. To capture the majority of the total average annual sediment load of 11,900 CY, a four–feet-deep pond would require about a two-acre footprint. The exact location of the placement of this pond would be identified through additional analysis. The portion of the Prefumo Inlet located upstream of Los Osos Valley Road is part of Laguna Lake golf course. The City could easily access the site to regularly remove sediment deposits on a periodic basis and no land acquisition or easements would be required. This area is also less environmentally sensitive than the portion of the Prefumo Inlet located downstream of Los Osos Valley Road. The site that has been identified would be located in an area of regular play within the golf course. The annual cost of regularly removing sediment from the basin would be much less than the costs to remove the same sediment from Laguna Lake. Should the Council support intercepting as much sediment as is reasonably possible, an estimate of the annual operating costs to remove sediment and debris from the basin will be provided to the City Council before making a final decision on this aspect of the project. Additional Project Amenities and Enhancement Opportunities One of the major findings and recommendations of the 2014 Laguna Lake Natural Reserve Conservation Plan was to increase access and use of the lake as a valued passive recreational amenity for boating, fishing, hiking, and bird watching1. Potential projects identified for further detailed evaluation, design, and environmental review pursuant to the Conservation Plan include: 1. Improved signs and kiosks (currently underway pursuant to the Open Space Major City Goal work plan); 2. An accessible walking path along the lake shoreline within the Reserve (also underway); 3. A raised boardwalk along the peninsula feature of the lake; 4. Improved boat launch and parking area; 5. Viewing platforms at two locations on the south side of the lake at Priolo-Martin Park and adjacent to Laguna Middle School between the cul-de-sacs at the end of Vista Del Lago and Vista Del Collados; and 6. Migratory fish passage improvements at the Prefumo Creek culverts below Madonna and Los Osos Valley Roads, as well as potentially improved flood attenuation capacity and surface elevation management through alterations of the Madonna Road culverts. 7. Future recycled water line extension to provide a base amount of water in the lake during extreme drought events for dust control, weedy vegetation control, and to provide watering opportunities for wildlife. Option items 1-5, above, were endorsed by the Parks and Recreation Commission at their 1 “Throughout the planning process, community members were consistent in stating their preference that the lake continue to be maintained to support recreational uses, and that the City should do more to increase access and use of the Reserve as an attractive amenity” (p. 5). 8 Packet Pg. 87 meeting on August 3, 2016 (Attachment B). Project Funding and Financing Recommendations The recommended activities to be funded include the primary dredging and sediment management components of the project, as well as ongoing operations and maintenance associated with and the lake and sediment management aspects described above. These activities have multiple benefits including drainage and flood control, recreation, water quality, habitat restoration, and aesthetic benefits. The expected project beneficiaries include residents and visitors of the City of San Luis Obispo, as well as property owners that are proximate to Laguna Lake. The benefits accrued to these parties must be allocated and the costs should be equitably assessed as a matter of sound public policy. There are several mechanisms to levy the costs of allocated benefits. A preliminary funding and financing plan was prepared and is included with the PDR. Numerous grant opportunities were evaluated, as well as low-interest loans, City provided funding sources, and land-based financing options. The recommended project, in its totality, is comprised of a diverse combination of activities that would provide both community-wide, and localized benefits. However, the initial and ongoing cost of accomplishing the project is significant. Accordingly, a broad funding strategy is necessary for the project to be successful given the range and scope of other pressing capital and maintenance projects needed throughout the City. In order to provide the necessary funding to implement the various project elements, the following recommendations are presented for consideration: 1. Monitor potential State and Federal grant programs on an ongoing basis. As each potential project element is developed and approved, review the applicable programs for the feasibility of a successful application, level of potential funding, and funding schedule of the program. Because of the level of funding required and the broad range of benefits provided, the highest priority should be given to grant programs that focus on water quality, habitat restoration, non-point source management, and recreational development. At this time, State of California grant funding has been identified for several of the project’s sediment management and amenity enhancement features based on staff’s prior experience. These are: a) Peninsula Boardwalk - California Department of Parks and Recreation, Habitat Conservation Fund Trails Program b) Boat Launch and Parking Area – California Department of Boating and Waterways c) Creek and Shoreline Stabilization Projects, Fish Passage and Flood Control Improvements – California Wildlife Conservation Board 8 Packet Pg. 88 2. Pursue land-based financing. Formation of a benefit-assessment district would provide a vehicle for sediment removal and ongoing maintenance funding that would be allocated based on the level of localized benefit that the project provides. Multiple districts or zones may be necessary to separate the level of benefits anticipated in various areas, although the allocation between these types of benefits cannot be determined until the project benefits are quantified and addressed in the Engineer’s Report that would support district formation. However, in the event that the Engineer’s Report cannot provide quantifiable evidence of specific property benefit, a Community Facilities District (CFD) is recommended to be pursued. A CFD has a higher threshold for successful formation, but does not require an Engineer’s Report. The potential for land-based financing was first included in Council direction set forth in 2010. Following the prospective selection of the preferred project as contemplated in this Council Agenda Report, staff will work with the consultant team to determine the feasibility of land-based financing options through public outreach with potentially affected property owners and through public opinion research. As above, the use of a benefit assessment district (if selected) requires the preparation of an Engineer’s Report as a necessary condition precedent to district formation. This report would describe the boundaries of the district and zones, the activities to be funded, the basis for allocating costs, and the cost to each parcel. The formation of a benefit assessment district requires voter approval. 3. Evaluate the level of financial contribution and commitment from the City’s General Fund. The project is expected to accrue both community-wide benefits and specific benefits to areas proximate to the lake. In support of the community-wide benefits, the City should evaluate the level of financial contribution and commitment it is willing to make with its General Fund through its normal, customary financial plan priority-setting process. 4. Utilize an Infrastructure State Revolving Fund (ISRF) low-interest loan. The California Infrastructure and Economic Development Bank (I-Bank) provides low interest loans for eligible projects, such as: a) Drainage, Water Supply, and Flood Control including ditches, levees, pumps, pipes, as well as the acquisition, improvement, maintenance, and management of flood plain areas and all equipment used in the associated maintenance and operation; b) Environmental Mitigation Measures including required construction or modification of public infrastructure, and purchase and installation of pollution control and noise abatement equipment; and c) Parks and recreational facilities. Financing amounts range from $50,000 to $25,000,000 per project with a maximum 30- year term. The interest rate for each loan is set at the time the loan is approved and is based on the Interest Rate Benchmark and Interest Rate Adjustments. For loans equal or 8 Packet Pg. 89 greater to $250,000, a one-time origination fee of $10,000 or 1% of the original loan amount, whichever is greater is due at closing. The City would need to pledge a piece of City-owned real property of equal or greater value as security for the loan. A low-interest credit facility provided through ISRF would be a key element of the overall funding and financing strategy as a means of providing the up-front capital necessary to undertake the project, while revenues streams from potential land-based financing and the City’s General Fund would be used for debt service. Staff met with senior I-Bank representatives in Sacramento in July 2016 to ensure that the proposed project meets with their eligibility and underwriting requirements, as well as to ensure that the City would have adequate credit capacity for this project as well as other future capital infrastructure projects. Based on this meeting and subsequent I-Bank review, the City has been invited to apply. CONCURRENCES The Parks and Recreation and Public Works Departments have provided their concurrence for the recommendations set forth in this Council Agenda Report. ENVIRONMENTAL REVIEW There is no environmental review required to provide direction on the recommended preferred project options under the California Environmental Quality Act (CEQA). Once the preferred alternative is selected, however, the City and its consultant team will be able to develop and provide a detailed project description upon which the environmental review process will be based. The City Council’s direction on the preferred project options is not intended to preclude the formal alternatives analysis that would be required under CEQA if a full Environmental Impact Report (EIR) is determined to be the appropriate environmental document. In addition, the project will require review and regulatory permits from numerous other agencies in order to be lawfully conducted, potentially including: California Department of Fish and Wildlife; Regional Water Quality Control Board; Air Pollution Control District; U.S. Fish and Wildlife Service; and, the National Oceanic and Atmospheric Administration (NOAA) Fisheries Division. FISCAL IMPACT The fiscal impacts associated with the Laguna Lake Dredging and Sediment Management Project, as recommended, are substantial. Staff anticipates that the total recommended project cost is between $10-12 million. This estimate is based on known hard costs associated with dredging production, dewatering, and sediment disposal as described above; however, exact regulatory permit requirements and mitigation measures associated with the project are not yet known (although mitigation costs as a percentage of total project costs are included for estimating purposes, see Appendix F of the PDR), nor are exact costs and prospective grant awards associated with project amenities and enhancements yet known. 8 Packet Pg. 90 Following the City Council’s feedback on the preferred project alternative, it is expected that staff will return with more detailed costs and articulation of the benefits that will accrue to the community, to neighboring property owners and residents, and to the natural ecosystems found within Laguna Lake and its surroundings. As overall project costs and project feasibility are further refined based on subsequent engineering, environmental review, and evaluation of the potential for land-based financing, staff will return to Council for additional discussion and subsequent action steps necessary to move the project to “shovel ready” status. ALTERNATIVES The City Council could: 1. Request additional information or analysis from staff. 2. Continue consideration of the recommendation with direction to staff on necessary changes. 3. Select some of the recommended options, while selecting alternatives for other options. Because there are five different preferred project elements set forth in the recommendation, and there are various aspects to consider within each project element, there are many possible permutations from which project choices could be selected. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE 1. Master Plan Laguna Lake Park (1961) 2. Laguna Lake Management Program (1982) 3. Laguna Lake Technical Appendix (1982) 4. Laguna Lake Park Master Plan (1993) 5. Council Agenda Report (2009) 6. Council Agenda Report (2010) 7. Laguna Lake Natural Reserve Conservation Plan (2014) 8. Preliminary Dredging Report (2016) These documents are also available for review on the City’s website using the following link: http://www.slocity.org/government/department-directory/city-administration/natural- resources/laguna-lake Attachments: a - Laguna Lake Dredging and Sediment Management - Map Set b - Parks and Recreation Commission Draft Minutes of 8-3-16 c - Council Reading File 8 Packet Pg. 91 8.a Packet Pg. 92 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 93 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 94 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 95 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 96 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 97 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 98 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 99 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred 8.a Packet Pg. 100 Attachment: a - Laguna Lake Dredging and Sediment Management - Map Set (1447 : Laguna Lake Dredging and Sediment Project - Preferred Minutes - DRAFT PARKS AND RECREATION COMMISSION 3 August, 2016 Regular Meeting of the Advisory Body Committee Commission CALL TO ORDER A Regular Meeting of the Parks and Recreation Commission was called to order on the 3rd day of August, 2016 at 5:32 p.m. in the City Council Chambers located at 990 Palm Street, San Luis Obispo, California, by Chair Whitener. ROLL CALL Present: Committee Members Douglas Single, Greg Avakian and newly sworn-in Commissioner Rodney Thurman, and Chair Jeff Whitener Absent: Susan Olson, Keri Schwab, Susan Updegrove, Staff: Parks and Recreation Director Shelly Stanwyck, Recreation Supervisor Devin Hyfield, Natural Resources Manager Bob Hill PRESENTATIONS, INTRODUCTIONS, APPOINTMENTS 1. Oath of Office The City Clerk provided the Oath of Office for new Parks and Recreation Commissioner; Rodney Thurman PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. CONSENT AGENDA AND CONSIDERATION OF MINUTES ACTION: APPROVE THE MEETING MINUTES OF JULY 6, 2016 AS AMENDED BY COMMITTEE MEMBER AVAKIAN, SECOND BY COMMITTEE MEMBER SINGLE. 2. Consideration of Minutes CARRIED 4:0:0:3 to approve the minutes of the Parks and Recreation Advisory Body for the meeting of 07/06/2016. AYES: AVAKIAN, SINGLE, THURMAN, WHITENER NOES: ABSTAIN: ABSENT: OLSON, SCHWAB, UPDEGROVE 8.b Packet Pg. 101 Attachment: b - Parks and Recreation Commission Draft Minutes of 8-3-16 (1447 : Laguna Lake Dredging and Sediment Project - Preferred DRAFT Minutes – Parks and Recreation Commission Meeting of August 3, 2016 Page 2 PUBLIC HEARINGS AND BUSINESS ITEMS 3. Presentation of Conceptual Designs and Proposed Park Site Plan for Froom/Il Villagio Project ACTION: RECEIVE INFORMATION AND PROVIDE FEEDBACK Contract Planner, Shawna Scott, presented to the Commission the Conceptual Park Site Plan component of the Froom / Il Villagio Specific Plan (Madonna on Los Osos Valley Road Specific Plan). The proposed project would require several entitlements, which would ultimately lead to the development of the project site. The applicant is proposing a mix of land uses including a Continuing Care Retirement Community, housing, commercial, open space, and park land. The applicant has identified an additional, adjacent, 7.4-acre parcel located within the City limits as the potential site for a park. Ms. Scott added that this is the first review of the project by the Parks and Recreation Commission. She noted that the applicant is seeking early feedback from the Commission on the proposed, conceptual, park facilities identified for the Specific Plan, and for the Commission to provide preliminary input with respect to their potential consistency with policies and programs contained in the Parks and Recreation Element before preparing the Draft Specific Plan for the project. Ms. Scott noted that the applicant team met with Parks and Recreation while developing conceptual plans to determine the character and range of improvements desired in a park for this project. The applicant has made an effort to make the character of the proposed park more “naturalistic”, celebrating the “uniqueness of the site”. In addition, parking and access to the open space have been identified as priorities at this location. Ms. Scott said that the applicant is proposing a 4.7-acre park with the following amenities:  Parking lot area to provide approximately 26 spaces  Historic plaza including relocated historic residence and bunkhouse (to be used as a ranger’s office and storage building) and a public restroom  Playground area with naturalistic equipment  Dog park area  Wetland overlook  Trail rest area  Drought-tolerant landscaping Developer Representative, Pam Ricci, RRM spoke about the park design Commission Comments followed. Commissioner Single asked for clarification on screening between current development (Home Depot) and Primary Park in reference to area in between park and home depot. Director Stanwyck responded that loading area could not be adjusted but that fencing could be required to alleviate safety concerns behind the trees. Commissioner Single expressed concern about 8.b Packet Pg. 102 Attachment: b - Parks and Recreation Commission Draft Minutes of 8-3-16 (1447 : Laguna Lake Dredging and Sediment Project - Preferred DRAFT Minutes – Parks and Recreation Commission Meeting of August 3, 2016 Page 3 safety and suggested small fencing. Ms. Ricci responded that the plans at this time are conceptual. Commissioner Thurman asked about workout equipment and the continued usage of the equipment. Commissioner Avakian asked about access to the park with the adjacent Home Depot and Costco traffic. Ms. Ricci commented added that there has been discussion with current stores for alternate routes. Commissioner Avakian commented on senior living and access to the trail through the new proposed neighborhood. Ms. Ricci added that there would be additional pedestrian access between residential trails with a five-minute walk. Commissioner Thurman commented about trailhead plaza being private. Commissioner Avakian asked about lighting and ADA access. Chair Whitener asked about connectivity of the park to City. Ms. Scott responded that the park would connect to Irish hills and current development with potential additional connection. Commissioner Single said he viewed the conceptual park design more as a pocket park and noted the need for a dog park in this area. Chair Whitener added he was not in support of the location as there was not enough usable park space. Public Comments: Michael Parolini, San Luis resident, commented that the conceptual design does not feel like a typical park given its isolation and potential maintenance issues and suggested this located be considered as open space. Neil Havlik, San Luis resident, agreed that this is not an ideal location for a park. John Madonna, San Luis resident, spoke about the ease of access to the trailhead as opposed to the access from Madonna Road. 4. Update for Laguna Lake Dredging Project Relative to Laguna Lake Park ACTION: RECEIVE INFORMATION AND PROVIDE FEEDBACK Natural Resources Manager, Bob Hill, presented the Commission an update on the Laguna Lake Dredging and Sediment Management Project relative to the Laguna Lake Park Area. He added that he is seeking the Commission’s input and consensus relative to the aspects of the project that are pertinent to the recreational uses at Laguna Lake Park and Natural Reserve. Commission Comments followed. Commissioner Thurman commented about capturing sediment attachment into the lake. Hill explained the procedure in excavation of sediment and dewatering plans for removal. 8.b Packet Pg. 103 Attachment: b - Parks and Recreation Commission Draft Minutes of 8-3-16 (1447 : Laguna Lake Dredging and Sediment Project - Preferred DRAFT Minutes – Parks and Recreation Commission Meeting of August 3, 2016 Page 4 Commissioner Single asked about the dry lake conditions and cost associated with dredging. Staff Hill explained difference between hydraulic (wet) and mechanical (dry) dredging and condition of lake during dry conditions. Commissioner Avakian asked about the project duration and impact on other park usage. Staff Hill responded that dredging would potential occur over several seasons to minimize construction impacts and employ a sediment management strategy would limit amount of sediment flowing into lake, thereby minimizing future impacts to the lake. Staff Hill added that there would be minimal impacts to the public and estimated approximately 400 cubic yards per day could be removed (approximately 10 truckloads). Public Comments: Mike Parolini asked about the cost of the project and the tax incurred by the residences of Laguna Lake. John Smeglski, San Luis resident, asked if the improvements to Vista Lago Park would be associated with the project. Staff Hill responded to provide feedback about how the improvements could be incorporated. 5. Selection of Wes Conner Awardee for 2016 Director Stanwyck recommended the Commission postpone this agenda item to the September meeting to allow the full Commission the opportunity to consider and select the Wes Conner awardee. ACTION: MOTION BY COMMITTEE MEMBER AVAKIAN, SECOND BY COMMITTEE MEMBER SINGLE, to recommend postponing the selection of the 2016 Wes Conner Awardee to the September 7, 2016 meeting. Motion passed 4:0:3:0 on the following roll call vote: AYES: AVAKIAN, SINGLE, THURMAN, WHITENER NOES: ABSTAIN: ABSENT: OLSON, SCHWAB, UPDEGROVE 6. Discussion of Annual Park Tour Dates and Topics Director Stanwyck explained the itinerary of annual park tour and potential locations to visit. The Commission agreed to finalize this at its September meeting. COMMITTEE COMMUNICATIONS Director’s Report Director Stanwyck provided a brief overview of current Parks and Recreation programming.  Hydro Flask Rewards for staff  Box Art Policy – Vote for next locations to be painted by August 28th  SLO Triathlon - a Success!  Movies in the Mission, 8/6, 8/13, 8/20 8.b Packet Pg. 104 Attachment: b - Parks and Recreation Commission Draft Minutes of 8-3-16 (1447 : Laguna Lake Dredging and Sediment Project - Preferred DRAFT Minutes – Parks and Recreation Commission Meeting of August 3, 2016 Page 5  Family Overnight Camp Out in Laguna Lake Park will be held on August 13-14  Skate Park Ramp n’ Roll 8/20 (Fun & Educational Event)  Volunteer Appreciation Dinner 9/22 (at Jack House) Commission Communications LIAISON REPORTS  Adult and Senior Programming: Commissioner Single said adult softball ended last week and it was a great season. Fall softball sign-ups are starting. French Park pickleball is being played twice weekly after restriping of the basketball courts. The Ludwick Community Center hosts volleyball and table tennis – and attendance is in good numbers. Adult soccer is starting at Damon Garcia Sports Fields. Seniors are staying active with fun, well-attended, activities at senior center including bunko and bridge. Commissioner Single requested a list of Senior Center Board Meeting dates.  Bicycle Advisory: No report. Commissioner Olson absent.  City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Avakian said that summer is busy. Damon-Garcia is open as of August 1 but still closed on Mondays for field recovery. Jack House weddings are booked through October. New tables were ordered for the Ludwick Center. The City/County Library conference room will for library use from October 2016 through January 2017. The Swim Center saw rise in attendance and will be closed for two weeks in August for maintenance. Golf Course had good summer with rounds up 100 from previous month and 550 rounds in one weekend. Increased youth participation at the Golf Course and increase in merchandise sale. Tournaments were held over summer months. Middle school classes held at Golf Course during school year.  Jack House Committee: No Report. Vice Chair Updegrove absent.  Tree Committee: No Report. New subcommittee assignment for Commissioner Thurman.  Youth Sports: Chair Whitener said YSA had some issues with field use due to construction at SLO High School. YSA is planning a meeting with the School District to discuss topics related to youth sports. ADJOURNMENT The meeting was adjourned at 7:55 p.m. The next Regular meeting of the Parks and Recreation Commission is scheduled for 07, September, 2016 at 5:30 p.m., in the City Council Chambers, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PARKS AND RECREATION COMMISSION: 09/07/2016 8.b Packet Pg. 105 Attachment: b - Parks and Recreation Commission Draft Minutes of 8-3-16 (1447 : Laguna Lake Dredging and Sediment Project - Preferred Page intentionally left blank.