HomeMy WebLinkAbout10-18-2016 Agenda Packet
Tuesday, October 18, 2016
4:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
BUSINESS ITEMS
1. 2015-16 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT (JOHNSON / CANO – 20 MINUTES)
Recommendation
As recommended by the Tourism Business Improvement District (TBID) Board:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2015-
16 annual report; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, declaring its intention to continue the San Luis Obispo Tourism
Business Improvement District, to continue the basis for and to levy the assessment for
the district, and to set a date for the public hearing on the district and the assessment for
2016-17” at the same rate as in the fiscal year 2015-16.
2. CLIMATE ACTION PLAN IMPLEMENTATION UPDATE (CODRON / FOWLER –
30 MINUTES)
Recommendation
1. Receive a status update report on the implementation of the 2012 City of San Luis
Obispo Climate Action Plan; and
2. Provide input and direct staff to proceed with an analysis of the feasibility of
implementing the recommendations identified in the 2016 Climate Action Plan Progress
Report and the City of San Luis Obispo Energy Baseline Report, and return to the City
Council with recommended implementation strategies to further the City’s efforts to
address climate change and to mitigate GHG emissions.
San Luis Obispo City Council Agenda October 18, 2016 Page 2
3. 2015 TRAFFIC SAFETY REPORT AND RESOLUTION ENDORSING VISION
ZERO (GRIGSBY / HUDSON / SCHWARTZ – 45 MINUTES)
Recommendation
1. Receive the 2015 Traffic Safety Report and approve the recommended traffic safety
measures; and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of Sa n Luis
Obispo, California, endorsing the goal of Vision Zero for the City to strive to achieve
zero traffic deaths and serious injuries on City streets by 2030.”
RECESS TO REGULAR MEETING OF OCTOBER 18, 2016 TO BEGIN AT 6:00 P.M.
San Luis Obispo City Council Agenda October 18, 2016 Page 3
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Jan Marx
ROLL CALL: Council Members John Ashbaugh, Carlyn Christianson, Dan
Rivoire, Vice Mayor Dan Carpenter, and Mayor Jan Marx
PLEDGE OF ALLEGIANCE: Council Member Carlyn Christianson
INTRODUCTIONS
4. CASSIA COCINA - PERMIT SERVICES COORDINATOR AND MARK
SADOWSKI - BUILDING AND SAFETY SUPERVISOR (CODRON – 5 MINUTES)
PRESENTATIONS
5. PRESENTATION - LEADERSHIP SLO CLASS XXIV WATERWISE
DEMONSTRATION GARDEN (JOHNSON – 5 MINUTES)
APPOINTMENTS
6. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION (ARC),
HUMAN RELATIONS COMMISSION (HRC), MASS TRANSPORTATION
COMMITTEE (MTC) (GALLAGHER / GOODWIN – 5 MINUTES)
Recommendation
In accordance with the recommendation of the Council Liaison Subcommittees:
1. Confirm the appointment of Brian Rolph to the Architectural Review Commission to
complete an unexpired term through March 31, 2019; and
2. Confirm the appointment of Nancy Welts to the Human Relations Commission to
complete an unexpired term through March 31, 2020.
3. Confirm the appointment of Justin Frentzel to the Mass Transportation Committee, as
the ASI student representative to complete an unexpired term through March 31, 2019.
San Luis Obispo City Council Agenda October 18, 2016 Page 4
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not 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 b y persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
CONSENT AGENDA
A member of the public may request the Council to pull an item for discussion. Pulled items
shall be heard at the close of the Consent Agenda unless a majority of the Council chooses
another time. The public may comment on any and all items on the Consent Agenda within the
three minute time limit.
7. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
Recommendation
Waive reading of all resolutions and ordinances as appropriate.
8. MINUTES OF SEPTEMBER 6 AND SEPTEMBER 8, 2016 (GALLAGHER)
Approve the Minutes of the City Council meetings of September 6 and September 8, 2016.
9. GRANT FUNDED CALLE JOAQUIN PARK & RIDE, SPECIFICATION NO. 91288
REQUEST FOR AUTHORIZATION TO ADVERTISE (GRIGSBY / RICE)
Recommendation
1. Approve the plans and specifications for the grant funded Calle Joaquin Park & Ride
Lot, Specification No. 91288; and
2. Authorize staff to advertise for bids, and authorize the City Manager to award the
contract if the lowest responsible bid is within the Engineer’s Estimate of $310,000.
San Luis Obispo City Council Agenda October 18, 2016 Page 5
10. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S (HRC)
RECOMMENDED PRIORITIES FOR THE 2017 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS (CODRON /
WISEMAN)
Recommendation
As recommended by the Human Relations Commission, approve the Community
Development Block Grant and Grants-In-Aid funding priorities for 2017.
11. BANKING SERVICES CONTRACT AWARD (BRADFORD / WARNER)
Recommendation
Award the banking services contract to JP Morgan and authorize the City Treasurer to
execute the agreement.
12. AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRANT
FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMENT RELATED
TO TRAFFIC SAFETY (CANTRELL / ELLSWORTH)
Recommendation
Appropriate $9,470 from available fund balance in the Law Enforcement Grant Fund/Traffic
Impound Account to purchase Lidar units and alcohol detection devices for use by the
Police Department’s Traffic Safety Division.
13. CONTRACT AWARD FOR BUSINESS LICENSE COMPLIANCE SERVICES
(BRADFORD / HERNANDEZ)
Recommendation
Award contract for Business License Compliance Services to HDL Software, LLC and
authorize the City Manager to execute the contract.
14. WADDELL RANCH OPEN SPACE ACQUISITION (JOHNSON / HILL)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing entering into a grant agreement with the California Wildlife
Conservation Board, entering into a purchase and sale agreement with the Trust for Public
Land, and authorizing the acquisition of the Waddell Ranch Property identified as assessor
parcel no. 076-051-011 totaling approximately 154 acres in unincorporated San Luis Obispo
County.”
San Luis Obispo City Council Agenda October 18, 2016 Page 6
15. DONATION ACCEPTANCE - POLICE COMMAND TRAILER (CANTRELL /
SMITH)
Recommendation
Authorize the Police Department to accept the donation of a Command Trailer from the
Arroyo Grande Police Department. This trailer would be used by the Police Department,
Fire Department and Regional SWAT Team for emergency operations within the City of
San Luis Obispo.
16. HIGHWAY BRIDGE PROGRAM GRANT APPLICATIONS (GRIGSBY / ATHEY)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, authorizing three applications to the California Department of
Transportation for bridge program funding for the Madonna Road, Chorro, and
Nipomo/Peach Bridges.”
17. ALLOCATE UP TO $300,000 FROM THE AFFORDABLE HOUSING FUND FOR
THE PURCHASE AND RESALE OF AN AFFORDABLE HOUSING UNIT
LOCATED ON 867 HUMBERT AVENUE, WITHIN THE MOYLAN TERRACE
DEVELOPMENT PROJECT (CODRON / WISEMAN)
Recommendation
1. Approve up to $300,000 from the Affordable Housing Fund to purchase, and resell, an
affordable housing unit located at 867 Humbert, and appropriate funds accordingly; and
2. Authorize the City Manager to execute documents as required to implement the
purchase, and eventual sale of 867 Humbert Ave.
18. SAN LUIS RANCH DEVELOPMENT - ECONOMIC ANALYSIS (JOHNSON)
Recommendation
Authorize the City Manager to execute a contract with Economic Planning Systems (EPS) to
assist the City with the financial analysis and related tasks for a proposed develop ment
agreement for the San Luis Ranch Project.
San Luis Obispo City Council Agenda October 18, 2016 Page 7
19. REVIEW OF THE PUBLIC ART DESIGNS AND LOCATIONS PROPOSED FOR
THE 2016 UTILITY BOX ART PROJECT TO PAINT CITY-OWNED UTILITY
BOXES (STANWYCK / MUDGETT)
Recommendation
As recommended by the Architectural Review Commission, Cultural Heritage Committee,
and Parks and Recreation Commission, approve the proposed artwork designs and traffic
signal box locations for the 2016 Utility Box Art project.
PUBLIC HEARINGS
20. REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO
DENY A NEW FOUR-STORY MIXED-USE PROJECT WITH GROUND FLOOR
COMMERCIAL/RETAIL SPACE AND 27 RESIDENTIAL UNITS, INCLUDING A
REQUEST FOR A 40% PARKING REDUCTION WITH MECHANICAL PARKING
LIFTS. 11% OF THE UNITS IN THE PROJECT WILL BE AFFORDABLE FOR
VERY-LOW INCOME HOUSEHOLDS AND AFFORDABLE HOUSING
INCENTIVES ARE REQUESTED, INCLUDING A 35% DENSITY BONUS, AND
THE CONSTRUCTION OF A 43-FOOT TALL STRUCTURE WHERE 35 FEET IS
NORMALLY ALLOWED (22 CHORRO STREET) (CODRON / COHEN – 120
MINUTES)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a use permit for a mixed-use project in the Foothill Boulevard
special planning area, a 40 percent parking reduction and the use of mechanical parking lifts
including a categorical exemption from CEQA and a recommendation of approval of a
height exception as an affordable housing incentive as represented in the City Council
agenda report and attachments dated October 18, 2016 (22 Chorro, USE-2882-2016).”
BUSINESS ITEMS
21. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523 (FIRE) FOR
THE PERIOD OF 01/01/2016 – 12/31/2017 (IRONS / ZOCHER – 20 MINUTES)
Recommendation
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting and ratifying the Memorandum of Agreement between the
City of San Luis Obispo and the San Luis Obispo Firefighters Local 3523 for the period
of January 1, 2016 through December 31, 2017.”
San Luis Obispo City Council Agenda October 18, 2016 Page 8
COUNCIL LIAISON REPORTS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
Time limit—3 minutes each.
COUNCIL COMMUNICATIONS
(Not to exceed 15 minutes) At this time, any Council Member or the City Manager may ask a
question for clarification, make an announcement, or report briefly on his or her activities. In
addition, subject to Council Policies and Procedures, they may provide a reference to staff or
other resources for factual information, request staff to report back to the Council at a
subsequent meeting concerning any matter, or take action to direct staff to place a matter of
business on a future agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, November 1, 2016 at 6:00
p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
Meeting Date: 10/18/2016
FROM: Derek Johnson, Assistant City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: 2015-16 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT
RECOMMENDATION
As recommended by the Tourism Business Improvement District (TBID) Board:
1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2015-16
annual report; and
2. Adopt a resolution of intention to levy and collect assessments within the TBID area in fiscal
year 2016-17 at the same rate as in fiscal year 2015-16.
DISCUSSION
Background
In June 2008, the Council adopted Ordinance No. 1517 establishing a tourism business
improvement district as requested by the local lodging industry. The district was formed under
the State’s Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets
and Highways Code and codified into the City’s Municipal Code under Chapter 12.42.
Pursuant to Municipal Code Section 12.42.060 and Sections 36530 and 36533 of the State’s
Parking and Business Improvement Law, the appointed TBID Advisory Board is to submit an
annual report (Attachment A) that outlines the past year’s efforts and how the funding was used
and to what effect.
Section 36534 further requires that after the approval of the annual report, the Council shall
adopt a resolution of intention (Attachment B) to levy an annual assessment for that fiscal year.
The resolution also sets a public hearing in order to receive any written or oral protests against
the continuation of the district as required by the applicable statute.
Annual Report
On September 14, 2016, the TBID Board met in its regular monthly meeting to finalize the 2015-
16 annual report (Attachment C). Public noticing for the TBID Advisory Board meeting was
performed through the posting of the agenda on the City’s website and in the kiosk in front of
City Hall by 5:00 pm on September 9, 2016. For convenience, the agenda was also distributed to
TBID constituents and stakeholders via email. The annual report reiterates the use of the TBID
funds within the defined marketing platform that guides the strategy used to deliver on the
TBID’s objective and goals. The report content includes:
1
Packet Pg. 9
1. TBID Background and Advisory Body
2. 2015-16 Year by the Numbers
3. Strategic Plan Implementation and Program Approach
4. 2015-16 Summary of Activities
5. 2015-16 Financial Statement
6. Looking Ahead to 2016-17
7. Charts and Graphs showing various results
Next Steps
Should the City Council approve the annual report and adopt the resolution of intention, a p ublic
hearing will be noticed for November 1, 2016. The public hearing will allow hoteliers to submit
comments, voice concerns, and protest the assessment.
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code, the
Council has the ability to continue the proposed citywide TBID at this public hearing, unless oral
or written protests are received from City hoteliers that pay 50% or more of the proposed
assessments. In that event, the Council cannot consider continuation of the TBID in the City of
San Luis Obispo for at least one year.
Noticing Schedule
Legal notices regarding the City Council’s review and approval of the TBID annual report were
sent to TBID properties on Friday, October 7, 2016. For convenience, the link to t he agenda was
also distributed to TBID constituents and stakeholders via email.
FISCAL IMPACT
The current unaudited year-end TBID revenues for 2015-16 are $1,432,000, which is
approximately $62,000 more than the budgeted amount. In 2016-17, the TBID projected revenue
is $1,434,000 and is budgeted for program costs including staffing. Approximately $28,680 is
budgeted to cover the City’s administrative costs associated with collecting and disbursing the
assessment.
ALTERNATIVES
The City Council may choose to not approve the report or levy the assessment. This action is not
recommended as the advisory body has fully reviewed the report and recommended the approval
to City Council in order to move forward with the Public Hearing for the Tourism Business
Improvement District.
Attachments:
a - 2015-16 Annual Report Draft
b - Resolution of Intention
c - 09-14-2016 TBID Minutes Draft
1
Packet Pg. 10
SLO TBID
ANNUAL REPORT
2015-2016
1.a
Packet Pg. 11 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
2 SLO TBID Annual Report 2015-16 A Letter from the Chair
A LETTER FROM THE CHAIR
The Tourism Business Improvement District (TBID) led the San Luis Obispo lodging community to a banner year
in 2014-15, recording a 12 percent increase in transient occupancy tax collection (TOT) over the previous year. That
was a not an easy act to follow, but I am pleased to report that the final tally for 2015-2016 did not disappoint,
again showing strong growth with a 5.2 percent gain in TOT. While occupancy did tick down slightly from last
year’s peak, the average daily rate went up by 7 percent for a 5.4 percent gain in revenue per available room
(RevPAR).
The TBID Board continues to follow the road map laid out in our 5-year Strategic Clarity Plan. Guided by these
principles, we have improved focus on our mission and increased efficiency in our efforts. We have streamlined
and simplified the criteria for which events we sponsor and what trade shows in which we participate, all leading
to the best possible use of our dollars for maximal impact and reach.
The TBID Board is made up of a diverse group of hoteliers that represents the spectrum of properties in our
community. We have added some new faces in the past year, and the fresh perspectives they have brought with
them has been a great benefit. We are also fortunate to have our efforts bolstered by a very driven staff working
side by side with our team of adept marketers from Barnett Cox & Associates (BCA) and Matchfire (formerly
StudioGood).
With all of these elements in place, we have been able to achieve a long list of accomplishments, the highlights
of which include the creation and launch of a new responsive website, new videos and a host of other digital
assets. Our efforts did not go unnoticed, as we have been recognized by Visit California for Best Overall
Marketing Program as well as being emulated by our neighbors.
As we look forward into the next few years, we feel we are extremely well positioned to give us the best chance
at continued success. We have strengthened our strategic partnerships with the Chamber of Commerce to
spread our message and the newly formed county-wide Tourism Marketing District (TMD) entity Visit San Luis
Obispo County to help us tap new markets from Seattle to China. We are also excited about the growth of our
constituency, from the incorporation of licensed Home-Stays to new hotels downtown.
The TBID Board would like to express our gratitude to the City Council for its continued support.
Sincerely,
Matthew Wilkins
Sands Inn & Suites
SLO TBID Board Chair
1.a
Packet Pg. 12 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
3 SLO TBID Annual Report 2015-16 Table of Contents
TABLE OF CONTENTS
Background on TBID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Background ............................................4
Advisory Body ..........................................4
Advisory Body Bylaws ...................................5
2015-16 Year By the Numbers (TOT) . . . . . . . . . . . . . . . . . . .6
Strategic Plan Implementation
Year & Program Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
TBID Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Snapshot of the Progress ................................8
Branding ...............................................8
Digital .................................................10
Digital & Print Media ....................................13
Social .................................................14
Public Relations ........................................17
Tradeshows ............................................19
Special Promotions ....................................20
Guest Services .........................................21
Strategic Partnerships .................................22
Event Promotion ......................................23
Industry Relations .....................................24
2015-16 Financial Statement . . . . . . . . . . . . . . . . . . . . . . . . .25
Income ...............................................25
Expenditures ..........................................26
Looking Ahead to 2016-17 . . . . . . . . . . . . . . . . . . . . . . . . . . .27
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
TOT Chart 2015-16 .....................................28
TOT Month to Month 2015-16 ...........................28
OCC Month to Month 2015-16 ...........................29
ADR Month to Month 2015-16 ...........................29
RevPar Month to Month 2015-16 .........................30
1.a
Packet Pg. 13 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
4 SLO TBID Annual Report 2015-16 Background on TBID
BACKGROUND ON TBID
BACKGROUND
In June 2008 the City Council adopted Ordinance 1517 establishing the tourism business improvement
district (TBID) in the City of San Luis Obispo as requested by the local lodging industry. The assessment of
two percent of gross receipts for the district became effective on October 1, 2008 and the use of funds was
defined in Section 12.42.030 of the Municipal Code as follows:
“This ordinance is made and enacted pursuant to the provisions of the Parking and Business
Improvement Area Law of 1989 (Sections 36500 et. seq., of the California Streets and Highways Code).
The purpose of forming the district as a business improvement area under the Parking and Business
Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities and
programs promoting tourism which will benefit the operators of hotels in the district through the
promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination.”
ADVISORY BODY
The use of the assessment fund is based on the recommendation of the Tourism Business Improvement
District advisory board that is staffed by City of San Luis Obispo hotel owners, operators, and/or managers.
The board members are appointed by the City Council and serve for an initial term of four years with the
opportunity to serve second term for a maximum of eight years.
2015-16 ADVISORY BOARD
NAME PROPERTY TERM
Dean Hutton Apple Farm 3/31/17 2nd term
Kimberly Walker Granada Inn 3/31/17 2nd term
LeBren Harris Hampton Inn 3/31/17
Nipool Patel (Past Chair)Lamplighter Inn & Suites 3/31/20 2nd term
Pragna Patel-Muller Lexington Inn 3/31/19
Clint Pearce Madonna Inn 3/31/19 2nd term
Matthew Wilkins (Chair)Sands Inn & Suites 3/31/20 2nd term
1.a
Packet Pg. 14 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
5 SLO TBID Annual Report 2015-16
ADVISORY BODY BYLAWS
In addition to the governing City ordinance, the TBID Board established its advisory body bylaws and further
defined its role and functions as:
The functions and duties of the TBID Board shall include, but not be limited to, the following:
A. Planning a comprehensive program to promote tourism to the City of San Luis Obispo and
prepare an annual marketing program consistent with industry goals and objectives.
B. Develop advertising and promotional programs and projects to benefit the lodging industry
in San Luis Obispo.
C. Present an annual assessment report to the City Council regarding the implemented
promotional programs and projects.
D. Perform any other lawful tasks as directed by the Council.
The Board meets monthly on the second Wednesday at 10 a.m. for its regular board meeting.
In 2015-16, the Board met in 12 regular monthly meetings. Additionally, based on the implementation of
the TBID 5-year Strategic Plan, the board divided into two standing subcommittees. The Management
Committee and the Marketing Committee each made up of the three board members. The Marketing
Committee members also serve on the joint Event Promotion Committee with three members of the
Promotional Coordinating Committee to consider event sponsorship commitments.
In order to keep the lodging constituency abreast of all TBID business, the Board is assigned properties to
laisse. Each board member is responsible for communication with his/her respective group of hotels. The
Board Chair and staff continue to visit all properties at least once a year to personally bring TBID updates
and marketing opportunities to each property. An example of the focused communication and outreach
by the Board liaisons during the year was the launch of the new TBID website in October followed by the
Helium booking solution in early 2016. In 2015-16, the TBID Board also hosted a member appreciation event
in partnership with Cal Poly Athletics.
Background on TBID
1.a
Packet Pg. 15 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
6 SLO TBID Annual Report 2015-16 2015-16 Year by the Numbers
2015-16 YEAR BY THE NUMBERS
The 2015-16 fiscal year produced moderate growth in the tourism industry in San Luis Obispo. The City
collected over $7.1 million dollars (+5.2%) in transient occupancy tax (TOT) – the largest collection ever
recorded for the City of San Luis Obispo. The collections met the City’s forecasted and budgeted growth of
5% which is contributed directly into the City’s General Fund.
However, based on the Smith Travel Research (STR) reports, the occupancy rate in the City decreased by an
annual average of 1.5%. Occupancy remained consistently the highest during the summer and fall months
between June through October, then dipped in the winter and spring months of December through April.
This can be attributed in part to the seasonal weather patterns achieved by the mountain regions that
produced the first significant snow fall in over five years. This impacted the visitation from the drive market
guests. The 2015-2016 fiscal year concluded with average annual occupancy rate over 72% (-1.5%) compared
to the 2014-15 fiscal year.
While the occupancy rate decreased, the Average Daily Rate (ADR) was up 7% at $138.76. Every month
within the year out rated the same month in the prior year. Additionally the RevPAR, defined as Revenue Per
Available Room, grew by over 5.4% to $101.35. This means that although the occupancy was down overall for
the properties, the lodging businesses received higher profits based on rate increases with less day-to-day
impact on the properties.
Additionally, the downtown Visitor Center served over 84,000 (+3.1%) in person guests. San Luis Obispo
lodging properties maintained over twenty sell out weekends in 2015-16.
2015-16 YEAR BY THE NUMBERS
See the appendix for complete graphs.
MEASUREMENT FY 2015-16 RESULT % CHANGE FROM FY 2014-15
TOT $ 7,155,007 5.2 %
Occupancy 72.21 -1.5 %
ADR $ 138.76 7.0 %
RevPAR $ 101.35 5.4 %
1.a
Packet Pg. 16 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
7 SLO TBID Annual Report 2015-16 Strategic Plan Implementation Year & Program Approach
STRATEGIC PLAN IMPLEMENTATION
YEAR & PROGRAM APPROACH
In 2015-16 the TBID continued the focused implementation of the 5-year Strategic Clarity Plan, a document
that serves as the framework for the direction and decisions made by the TBID Board for the tourism
program. The plan defines the work programs for the TBID and is used as a guide for the decisions made for
the overall promotion of San Luis Obispo. Within the plan, the TBID identified five Strategic Imperatives:
• Deliver Smart Growth
• Develop the SLO Brand
• Build Meaningful Partnerships
• Contribute to an Unforgettable SLO Experience
• Ensure Organizational Excellence
Each imperative has a distinct list of metrics used to gauge the success of the implementation. The 2014-15
fiscal year was determined the benchmark year from which the accomplishments of the plan will be tracked.
Mission
The SLO TBID builds awareness to grow tourism, serving as the voice
of San Luis Obispo.
Values
Integrity | Accountability | Adaptability | Collaboration | Determination | Innovation
Unique Role
of Value
The SLO TBID provides
the City of SLO with
comprehensive tourism
brand management
through strategic
partnerships and a robust
marketing and promotional
budget.
Vision In
SLO TBID manages the brand
for the destination of San Luis
Obispo, delivering balanced growth of
tourism, with creativity and integrity.
Vision Out
San Luis Obispo is an
unforgettable place where visitors
engage in a unique lifestyle they
aspire to, become emotionally
attached, and return for renewal.
Brand
Intention
Heart Side: Happy | Pride of Place | Inspiring | Relaxed | Rejuvenating
Head Side: Experiential | Beautiful | Artisinal | Healthy | Authentic
Strategic Imperatives
Deliver Smart Growth | Develop the SLO Brand | Build Meaningful Partnerships | Contribute to an Unforgettable SLO Experience | Ensure Organizational Excellence
Unique Value
Proposition
San Luis Obispo is an authentic and inviting California community where you can play, taste, explore, relax, and recharge.
Strategic Clarity
The elements of our Strategic Clarity are the SLO TBID’s
“North Star” for the upcoming five fiscal years, setting the
level of expectation and the tone and tenor of everything
we plan. As we move into defining specific initiatives, our
Strategic Clarity will serve as a touchstone.
Vision In
What kind of
organizational culture are
we committed to being?
Vision Out
What is the ideal future
state we will strive to
create? What are we
committed to making
happen?Mission
What is most important to
us as we strive to realize
our vision? What is the
focus of our work?Values
What are the
fundamental beliefs that
shape how we work
together to serve our
mission?
Unique Role of
Value
What unique and valuable
role do we play amongst
our peer organizations?
HOW do we provide
value?
Strategic
Imperatives
What must be
accomplished during the
planning horizon?
Unique Value
Proposition
What unique and
sustainable value does the
destination of San Luis
Obispo deliver? WHY San
Luis Obispo?
Brand Intention
WHAT is the experience
we want our destination
to be known for?
Mission
Values
Unique Role
of Value
Vision In Vision Out
Brand
Intention
Strategic Imperatives
Unique Value
Proposition
Vision In
Vision Out
Mission
Values
Unique Role of
Value
Strategic
Imperatives
Unique Value
Proposition
Brand Intention
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8 SLO TBID Annual Report 2015-16 TBID Activities
TBID ACTIVITIES
SNAPSHOT OF THE PROGRESS
Fiscal year 2015-16, was a very accomplished year for the TBID activities. With the branding foundation
established in 2014-15, this year was about expanding that brand and the services provided. A few of the
notable accomplishment include:
• Launched the redesigned, fully responsive website and integrated the Helium booking solution
• Designed, launched, and leveraged new videography & photography for digital and print campaign
elements
• Enhanced our social media presence
• Implemented successful promotional campaign, Money for a Rainy Day
• Created new brochure and maps for statewide visitor center distribution
• Invested in Public Relations efforts
• Received the Visit California’s Poppy Award for Best Overall Marketing Program
• Awarded the Best of Show at the American Advertising Federation Awards
In order to implement the complex marketing programs, the TBID Board and staff work closely with the
team of contractors from the marketing agencies Barnett Cox & Associates (BCA) and Matchfire formerly
StudioGood, and the San Luis Obispo Chamber of Commerce.
BRANDING
The TBID manages the tourism brand for the destination of San Luis Obispo, delivering balanced growth of
tourism, with creativity and integrity. Fiscal year 2015-16 was the first complete year the new San Luis Obispo
tourism promotion and the ShareSLO campaign brands were utilized. The advertising campaign “It Means
Something Different Here” was continued across digital and print channels.
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9 SLO TBID Annual Report 2015-16 TBID Activities
BRANDING (CONT .)
The TBID Board invested in the production of visual branding elements including videos and photography.
The created a series of videos based off of the brand messaging pillars that were used for promotional
efforts.
Additionally, the TBID reimagined their print collateral and created a new SLO Inspiration Guide & Maps
brochure featuring eye catching photography. This is the primary printed piece used to promote San Luis
Obispo. It is disturbed at various tradeshow, events, and through Certified Folder Displays in airports visitor
centers and hotels throughout California.
Brand Messaging Pillars:
• Cultural
• Culinary
• Outdoor
• Family
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10 SLO TBID Annual Report 2015-16
DIGITAL
www .SanLuisObispoVacations .com
One of the most notable accomplishments in 2015-16 was the complete redesign and launch of the City’s
tourism website, SanLuisObispoVacations.com. The City’s official tourism website is designed primarily for
consumers, but also serves the travel trade, meeting planners, TBID members and media. It features robust
content including a detailed calendar of events integrated with SLO Happenings, lodging property listings,
itinerary suggestions and features, the ShareSLO blog, and featured press coverage.
Prior to the launch of the new site, the digital landscape for the TBID consisted of three websites:
SanLuisObispoVacations.com, ShareSLO.com, and m.SanLuisObispoVacations.com. With three websites, the
brand messaging was fragmented and less effective. In addition, the mobile experience left users wanting
more information, but unable to access it. In alignment with the Strategic Clarity Plan, the TBID also wanted
to continue to strengthen and develop the digital presence of the SLO Brand. The best way to do this and
address the mobile issue was by simplifying the digital presence of the brand – consolidating the three
websites into a single, fully-responsive website.
The new website launched in November 2015 was completely redesigned for both function and aesthetics,
and was created to be fully responsive to all technology devices a user may access the site through including
mobile and desktop. The integration of the ShareSLO blog into the SanLuisObispoVacations.com site,
continued to address internally the TBID Strategic Plan initiative of “breaking the SLO brand log jam.”
The TBID Board recognized the importance the Search Engine Optimization or SEO for the performance of
the site. The annual SEO site audit, monthly reports and keyword data were used to optimize all pages with
top keywords, metatags and meta-descriptions during website rebuild and as a result, pages now rank in
search engines within the top 4 positions such as Farmers’ Market, Wine Tasting and Day Trips. As a result,
organic traffic to the site continues to increase, hitting a new record in June with 8,551 organic sessions, an
81% increase from June 2015.
In 2015-16, the site traffic increased by 80% with over 183,000 total site sessions. The 5-year Strategic Clarity
Plan defined the success of site traffic growth by 10% year-over-year.
TBID Activities
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11 SLO TBID Annual Report 2015-16
Helium
The customized booking system called Helium was integrated into SanLuisObispoVacations.com in January
2016. The system was intended to serve as a way for guests to book or request reservations directly through
SanLuisObispoVacations.com. In order for the system to operate effectively, lodging properties were
required to input inventory and rates to populate the system. Although the Board, staff and contractor
team invested a year in the development of the system, there was a low number in property participation.
Ultimately, Helium remains as a complimentary booking solution for interested properties to utilize as a
service through SanLuisObispoVacations.com but it does not act as the sole reservation referral solution.
2015-16 activities included:
• Launched the redesigned, fully responsive SanLuisObispoVacatons.com in November
-Integrated ShareSLO Blog
-Optimized all pages based on SEO keyword reports
-Implemented “Add to Itinerary” feature
-Leveraged stunning new photography and videography
• Launched Helium in January
• Added Homestay Property Pages in February
• Added over 20 pages to the website
See the appendix for complete graphs.
TBID Activities
SESSIONS
% CHANGE
FROM JULY
2015
PAGE
VIEWS
% CHANGE
FROM JULY
2015
USERS
% CHANGE
FROM JULY
2015
REFERRALS
SanLuisObispoVactions.com 18,425 109% 42,298 82% 14,740 92%
slocity.org
m.facebook.com
orientation.calpoly.edu
GOSLO Mobile Experience 23 99% 76 99% 22 99%
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12 SLO TBID Annual Report 2015-16
Email Marketing
The TBID utilized email marketing activities through the newsletter to communicate regularly with potential
visitors on activities in SLO to build brand loyalty and encourage repeat visitation and an extended length of
stay. The newsletter promotes upcoming events and special promotions as well as compliments our seasonal
advertising campaigns and public relations outreach.
2015-16 Dedicated Newsletters:
• Cal Poly Open House Getaway Giveaway
• Roll Out the Barrels Promotion
• Money for a Rainy Day Promotion
• Wish You Were Here – New Website Announcement
• All Roads Lead to SAVOR Central Coast
• Plus 5 Monthly Newsletters
TBID Activities
NEWSLETTER ACTIVITY MEASUREMENTS
Total Number of Newsletters Sent 10
Total Number of Opens 37,903
Database Size 17,633
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13 SLO TBID Annual Report 2015-16
DIGITAL & PRINT MEDIA
Digital Media
Target marketing, message tailoring, flexible rates, creativity, exposure, speed, and measurable ROI are
the top reasons for the growth and attractiveness of the online advertising for the TBID. Online campaigns
and the reliance on technology continues to be the most effective marketing and advertising tool to target
the drive markets in California for leisure travelers to San Luis Obispo. Through BCA, the TBID continues to
use branded advertising to maximize online reach for the promotion of San Luis Obispo through strategic
placement on top travel and lifestyle sites including: Facebook, Twitter, Google Display, Sunset.com,
TripAdvisor, Weekend Sherpa, Bay Area News Group online, and San Diego Union Tribune. In 2015-16, the
strategy expanded to include the use of the new video content for the placement of pre-roll and social video ads.
All print and digital advertising is directed toward the website or the toll-free phone number for more
information on San Luis Obispo.
TBID Activities
CUMULATIVE DIGITAL ADVERTISING MEASUREMENTS
Total Number of Digital Ad Impressions 18,172,601
Total Number of Pre-Roll Ad Impressions 2,830,193
Print Advertising
Limited print advertising placements were continued in the TBID’s media mix through BCA in the 2015-16
fiscal year. Traditional print campaigns are an important tool to reach niche market visitors primarily in the
mature demographic and to reinforce travel inspiration and build brand awareness for the destination. Print
advertising was placed in the following publications: San Francisco Chronicle, Horizon advertorial insert, San
Diego Union Tribune and the Mustang News 100 Year addition. The TBID also participated in a cooperative
advertising opportunity through Visit San Luis Obispo County in the California State Travel Guide and lodging
specific ads were placed in regional visitor publications including: SLO Chamber Visitors Guide, Visit SLO
County Visitors Guide, Central Coast Tourism Council map, and SLO Wine Map.
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14 SLO TBID Annual Report 2015-16
SOCIAL
#SHARESLO
Through the ShareSLO program, the TBID leverages user generated content to promote San Luis Obispo
activities, events and businesses to increase the appeal of and loyalty to San Luis Obispo. Early in 2015-16 it
was determined that the buzz around the ShareSLO campaign had been created since the hashtag was being
used and shared daily. The TBID departed from strictly utilizing a select group of ShareSLO Influencers and
from focusing heavily on events to promote ShareSLO - to instead emphasizing attractions and activities that
visitors can find in SLO all year long.
ShareSLO continues to maintain a network of engaged social fans on Facebook, Twitter, and Instagram. New
in fiscal year 2015-16, ShareSLO joined Snapchat. Matchfire, formerly StudioGood leverages tools like social
listening reports and user analytics to guide the digital conversation to achieve the TBID brand goals. In
2015-16 dedicated campaigns like ShareSLO Chef Series in January and Bike Month in May, were executed
through ShareSLO social media channels. The enhanced social media presence and new approach created
more organic, user-generated content and video. A new addition to keep fans engaged featured real-time
posting at events on Twitter, Instagram and Snapchat. And there was the activation of Instagram giveaways
throughout the year to reward fans.
In 2015-16, the ShareSLO cumulative social fan base grew by 23,399 fans and followers across Facebook,
Twitter, and Instagram. The total social media engagements across all platforms was over 117,000,
representing a 285% increase in engagements over 2014-15.
TBID Activities
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15 SLO TBID Annual Report 2015-16
#SHARESLO (Cont .)
2015-16 activities included:
• New approach to social look & feel
• Enhanced social media presence with more organic, user-generated content and video
• Joined Snapchat
• Consistent, daily community management
• Activated Instagram Giveaways:
• Harvest on the Coast, Cal Poly Homecoming Football Game, Moonshiner Collective, SLO Jazz Fest
• Participated in 5 Visit CA sponsored Twitter chats : #CaliforniaEats, #TravelSkills, #DreamEats,
#KidsNTrips, #FoodieChats
• Uploaded 10 new, captivating pillar & event promotion videos to ShareSLO’s YouTube channel
TBID Activities
SHARESLO PROGRAM MEASUREMENTS % CHANGE
Total Number Blog Post 56 87%
Total Hashtag Uses (Instagram & Twitter only) 28,536 285%
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16 SLO TBID Annual Report 2015-16 TBID Activities
SHARE SLO SOCIAL METRICS 2015-16 % CHANGE
FROM 2014-15
Facebook
Total New Fans 17,829 1.2%
Average New Fans per Month 1,486 1.3%
Total Fans 45,518 65%
Total Reach 6,271,082 109%
Average Reach per post 5,346 178%
Average Daily Engaged Users 383 104%
Total Engagements 49,633 251%
Twitter
New Followers 569 72%
Average New Followers per Month 47 72%
Total Followers 3,447 17%
Total Engagements 5,259 35%
Average #ShareSLO per Month 343 0.59%
Total #ShareSLO 4,110 0.32%
Instagram
New Followers 5,001 228%
Average New Followers per Month 7,218 226%
Total Followers 62,128 404%
Total Engagements 24,426 n/a
#SHARESLO (Cont .)
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17 SLO TBID Annual Report 2015-16
PUBLIC RELATIONS
Beginning in fiscal year 2015-16, Public Relations (PR) activities became a direct area of concentration for the
TBID. The TBID and PCC jointly held a dedicated contract with the San Luis Obispo Chamber of Commerce
for Public Relations efforts. On behalf of the City’s community promotions program, the SLO Chamber is
responsible for establishing professional relationships with media outlets and journalists in various markets
to build and maintain awareness of San Luis Obispo as a travel destination.
The 2015-16 contract elements with the SLO Chamber for Public Relations included: pitching to media,
bringing in media, coordinating media trips, sending out media releases, responding to natural media
inquiries, use of the Chamber’s photography library for editorial requests and press releases, planning and
executing press trips and developing media kits.
This focused PR effort was successful. During the 2015-16 fiscal year, the PR activities generated at least 308
total mentions or media placements that highlighted San Luis Obispo including those in the New York Times,
GQ China, National Geographic Traveler and Travel+Leisure.
Additionally, coordinated media visits or press trips were secured to promote the destination with the goal
of earning valuable editorial coverage. In fiscal year 2015-16, over 60 media outlets, both domestic and
international were hosted in San Luis Obispo. Top domestic and international media outlets hosted include:
Huffington Post, Yahoo Travel, Peter Greenberg Worldwide, and Conde Nast.
TBID Activities
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18 SLO TBID Annual Report 2015-16
PUBLIC RELATIONS (CONT .)
Top Media Coverage:
1. Visit CA China FAM
GQ 460,000 - Alex Sun
Trading UP 450,000 - Becky Liu
Esquire 400,000 - Will Wang
National Geographic Traveler 494,200- Lu Yi
Traveler Weekly 250,000 - Huang Lei
2. Visit CA French FAM
On the Road by Bérénice Rocfort-Giovanni, in French weekly magazine, L’Obs . Claiborne and
Churchill in San Luis Obispo. Print: 498,558 copies Reach: 1,860,000 readers
Pacific Road written by Alexandre Kauffmann, ran in French daily newspaper, Les Echos Serie
Limitee. Print: 123,636 copies Reach: 528,000 readers
La Highway 1 entre San Francisco et Los Angeles French monthly magazine, Biba.
Print: 123,636 copies Reach : 528,000 readers
3. Multiple LA Times features
TBID Activities
PUBLIC RELATIONS MEASUREMENTS
Total Number of Media Outlets Hosted 60
Number of Mentions 308
Potential Reach 730,634,941
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19 SLO TBID Annual Report 2015-16
TRADESHOWS
The TBID continues to maximize the consumer trade show strategy. Consumer trade shows provide the TBID
an opportunity to take San Luis Obispo on the road to key drive markets. The three consumer tradeshows
attended were: Los Angeles Travel & Adventure Show, Bay Area Travel & Adventure Show, and San Diego
Travel & Adventure Show. The booth featured key information on San Luis Obispo including lodging
information, maps and upcoming events. Shows were selected based on their anticipated attendance,
quality of attendees, and target drive market location. Booth visitors were presented with the call-to-action
to enter to win a $500 San Luis Obispo Getaway Giveaway. In addition to one-on-one conversations with
potential visitors, the TBID also met with numerous travel media and operators in the booth.
In 2015-16 the tradeshow strategy was expanded to utilize the potential visitor feedback through a survey
about San Luis Obispo. The survey was designed to check the alignment of the brand intention for San Luis
Obispo with the awareness of San Luis Obispo from the potential visitors. Highlights of the survey results
included:
• Respondents said the top 3 reasons they’d visit SLO is for a relaxing getaway, food/wine/beer
discovery, or an easy family getaway
• Most respondents said they first heard about SLO at the tradeshow, followed by a friend or family
member referral
• In LA, Relaxed, beautiful and happy were the top three words respondents used to describe SLO. In
San Francisco, relaxed, beautiful and beachy were the top three words.
TBID Activities
CONSUMER TRADE SHOW MEASUREMENTS
Number of Shows Attended 3
Newsletter Registrations Collected 937
Number of Surveys Completed 2114
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20 SLO TBID Annual Report 2015-16
SPECIAL PROMOTIONS
Money for a Rainy Day
In 2015-16 the TBID Board created, funded and launched a special promotional offer designed to drive
overnight stays in the City of San Luis Obispo during the slowest months of the year. Through the promotion,
visitors were required to book two consecutive nights at a lodging property in the City of San Luis Obispo
between January – March 2016 and they would receive a $100 Visa Gift Card to spend how they choose.
There were up to 500 Visa gift cards available for redemption through the promotion. Postcards for
tradeshow distribution, Eblasts, Online/Mobile Marketing, content to all strategic partners all specifically
focused on Money for a Rainy Day promotion were used to advertise the offer. As a result, the promotion
garnered over 1100 room nights during January through March.
TBID Activities
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21 SLO TBID Annual Report 2015-16
GUEST SERVICES
In addition to the PR support, the Chamber provides an exclusive hotel availability service to the TBID. During
fiscal year 2015-16, Visitor Center staff contacted every TBID property each week and maintained a record
of which hotels were sold out and which have availability for each Thursday, Friday and Saturday as well as
impacted weekdays throughout the year to help guests, who would otherwise need to call each property
on their own to find a room in SLO. This service also allowed for TBID properties to refer their clients directly
to the Visitor Center for centralized guest services. In addition, this information was widely utilized to assist
visitors to the Visitor Center in keeping the traveler in the City of San Luis Obispo. Since July, 2015, the
Chamber was able to make use of this availability information in conjunction with TBID marketing materials
to refer SLO TBID properties 6,800 times.
In addition, the Chamber is contracted to answer each call made to the TBID’s 1-877-SLO-TOWN number,
which is serves as a response tool to the TBID’s advertising efforts and digital presence. This creates the
option for a ‘real person’ to assist in trip planning, ensuring that travelers seeking personal guidance have a
friendly, live voice to shape their experience of San Luis Obispo before even arriving. The telephone number,
1-877-SLO-TOWN, is a separate line that rings in the Chamber and is used solely to refer and promote TBID
properties. During fiscal year 2015-16 over 550 calls were answered on the 1-877-SLO-TOWN line, an increase
of 30% over the prior year.
TBID Activities
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22 SLO TBID Annual Report 2015-16
STRATEGIC PARTNERSHIPS
The TBID collaborates with numerous community partners and industry nonprofit organizations in marketing
San Luis Obispo as a destination which makes the TBID more efficient in promotional activities. The TBID’s
strategic partnerships allow the marketing agencies to build relationships with the organizations below,
elevating the destination as a whole. Promotional opportunities with each organization give the TBID new
platforms and audiences to build brand awareness. Top partnerships achievements include:
Cal Poly Athletics
• TBID maintains the exclusive hotel industry sponsor to advertise with Cal Poly Athletics
• TBID hosted over 600 room nights for visiting teams, recruits, and coaches
• Basketball suite event for TBID sales teams
• ShareSLO throws 3 first pitches at Cal Poly Baseball
• CP Athletics Facebook page posts
• Banner ad in ongoing Athletics newsletters
• Cal Poly Alumni E-blast & Alumni Getaway Giveaway
• Radio spots for basketball
• Homecoming game ticket giveaway
• New rotating graphics submitted for LED banner at Mott Gym
• Soccer Visiting Teams Guide
• ShareSLO Track & Field Meet
• Program ad
• :15 scoreboard video using new footage
SLO Wine
• Deployed 41 e-newsletters to over 12,000 subscribers that included TBID content, logo, and links
• Hosted travel, lifestyle, wine writers in San Luis Obispo for various media visits resulting in media
coverage in: Wine Enthusiast, SF Gate & SF Chronicle, USA Today, LA Time, 805 Living, Chicago
Tribune
• The “Stay” page on SLOwine.com garnered over 8,000 unique views, with over 2800 direct referrals
to the sanluisobispovacations.com website.
• TBID web ads were viewed by over 30,000 visitors on SLOWine.com webpages
TBID Activities
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23 SLO TBID Annual Report 2015-16
EVENT PROMOTION
In 2015-2016, the TBID sponsored, promoted, and was represented at more than a dozen local events of
different shapes and sizes. Over the course of the year, the TBID continued to shape an event strategy to
ensure all SLO TBID-sponsored events are well-aligned with the brand, and that expectations and best
practices were clear. These guidelines allowed the TBID to reach visitors before, during, and after an event
takes place, which in turn arms us with the tools we need to leverage events to put heads in beds.
This year the activation at many of the larger events featured various personal interaction with San Luis
Obispo. At SAVOR the Central Coast and the Bacon & Barrel events, the San Luis Obispo representation
featured water color painting stations and wine tasting opportunities. At the Film Festival, Roll Out the
Barrels, and Eroica the activation featured photo stations with the San Luis Obispo step & repeat.
TBID Sponsored Events:
• SAVOR the Central Coast
• EROICA California
• Festival Mozaic - WinterMezzo Chamber Music Series
• Holiday Train Celebration / Elf Express and SLO Train Day
• San Luis Obispo International Film Festival
• San Luis Obispo Marathon, Half Marathon, 5K + Family Fitness
• SLO Jazz Festival
• SLO Wine Roll Out the Barrels
• CowParade SLO sponsorship
• Bacon & Barrels San Diego
• Bacon & Barrels San Luis Obispo
• Inaugural SLO Craft Beer Week Sponsorship
• Central Coast Tourism Council Annual Retreat
TBID Activities
EVENT SPONSORSHIP MEASUREMENTS
Number of Events Sponsored 13
Estimated Total Number of Event Attendees
Reached through Sponsorship 28,350
Total Sponsorship Investment $ 164,250
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24 SLO TBID Annual Report 2015-16
INDUSTRY RELATIONS
Visit California
The Visit California partnership has been critical in the growth of our brand within the California Tourism
product. San Luis Obispo has received coverage though the marketing activities performed by Visit California
including travel trade, press, and industry outreach. Monthly submissions are uploaded to Visit California
for media outreach, trade contacts, and newsletter content. Additionally the TBID maintains ongoing
coordination to keep City of San Luis Obispo destination page up to date. ShareSLO also participated in 5
Visit California sponsored Twitter chats. The TBID attended the Visit California Outlook Forum educational
event in the spring and during that event was awarded the industry’s Poppy Award for Best Overall Marketing
Campaign.
Central Coast Tourism Council
The Central Coast Tourism Council (CCTC) is an organization of tourism and hospitality professionals whose
marketing efforts accomplish collectively what no single tourism entity can do alone—promote the entire
California Central Coast as a destination and maximize our members’ tourism revenue. The CCTC serves
as the Central Coast’s voice in Sacramento, and partners with California Tourism’s global marketing and
advertising campaigns. The TBID is actively involved in CCTC with the Tourism Manager as the Vice President
and Regional Board Member and the Marketing Committee Chair. In 2015-16, the TBID leveraged the CCTC
activities through media and trade leads, blog and social presence, and travel trade leads. The TBID provided
54 new blog posts about San Luis Obispo. The TBID also hosted and coordinated the inaugural fall Mid-Year
Workshop by hosting over 50 CCTC members in San Luis Obispo and also the Annual Planning Retreat in the
spring attended by over 100 members.
Visit San Luis Obispo County
Fiscal year 2015-16 was the first year of the new countywide Tourism Marketing District. The TBID maintains
participation in the new structure of Visit SLO County by having two representatives on the Board of
directors and the Tourism Manager on the Marketing Committee. The TBID Board leverages the partnership
with Visit San Luis Obispo County to promote San Luis Obispo on a national and international level- beyond
the local and state reach the TBID’s marketing plan focus to achieve. The TBID’s participation in Visit San
Luis Obispo County also encompasses group sales, film commission, countywide public relations, and
countywide special events like Restaurant Month, Wine Month, Savor the Central Coast. In 2015-16, the TBID
partnered with visit SLO County in cooperative advertising opportunities including American Way Magazine
Feature and the California Visitor’s Guide.
TBID Activities
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25 SLO TBID Annual Report 2015-16
2015-16 FINANCIAL STATEMENT
2015-16 Financial Statement
INCOME SOURCE 2015-16
TOT Revenue Assumption (Revised with Supplement)$6,844,000
TBID Assessment (20% of TOT Revenue)$1,368,800
Administrative Overhead (2% of TBID Assessment)$27,376
Tourism Manager Salary (.75 FTE)$84,686
2014-15 Fund Balance $144,676
TBID Fund Reserve $100,000
TBID Program Budget $1,401,414
INCOME
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26 SLO TBID Annual Report 2015-16 2015-16 Financial Statement
EXPENDITURE ALLOCATED
Contracts
Marketing Contract $700,000
Website Redesign $70,000
RaceSLO Arch $5,000
Chamber of Commerce - Guest Services $31,000
Chamber of Commerce - PR $48,000
Chamber of Commerce - Media Monitor $7,950
Marketing/Advertising/Promotions
SAVOR Bags $8,176
Rainy Day Campaign $80,000
Additional Brochure Printing $7,201
Video Asset Project - Music $8,000
Partnerships
Cal Poly Athletics $95,500
Cal Poly New Student & Transition Program $20,000
SLO Wine $18,000
History Center - Guided Tour Program $6,700
Support/Meetings
Tourism Expenses $3,000
FAM Trip Hosting $5,000
Past Due CP Rooms $1,100
2014-15 Gateway Winners $3,000
Events Promotion
General Events Promotion $195,000
2016 Steelhead Summit $3,000
Bacon & Barrels SD Event Expenses $5,000
Tradeshows
Tradeshows Expenses $25,000
SAVOR Booth Build Out $2,500
Tourism Conferences $3,000
Tourism Organizations/Research
Central Coast Tourism Council Membership $1,000
Smith Travel Report $1,500
Total Allocated Expenditure $1,353,627
EXPENDITURES
*This figure represents the total allocated expenditures. The difference will be
available for carryover to the 2016-17 program budget.
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27 SLO TBID Annual Report 2015-16 Looking Ahead to 2016-17
LOOKING AHEAD TO 2016-17
As the TBID moves into 2016-17, the Board is committed to the continued implementation of the 5-year
Strategic Clarity Plan. In the next fiscal year, the Board will review the plan in the mid-way point to address
any changes and plan amendments. As stated in the marketing plan, BCA and Matchfire will update the
SLO TBID Marketing Plan each fiscal year. It is imperative to acknowledge trends, be observant of growth
or decline and make changes according to the current tourism climate on an ongoing basis. The SLO TBID
Marketing Plan coupled with the SLO TBID Strategic Clarity Plan provides a foundation for building the City of
SLO brand and establishing real tactics for consistently improving tourism in the City of San Luis Obispo.
The highest priority Strategic Clarity Plan initiatives for the 2016-2017 fiscal year are:
• Deliver smart growth
• Develop the SLO brand
• Ensure Organizational Excellence
• Contribute to an unforgettable SLO experience
The key program activities include:
• Focus on creating content to inspire returning and new tourists
• Explore marketing automation
• Capture more candid, “local perspective” video content
• Continue to explore new social media opportunities
• Develop seasonal promotional campaigns and coordinate fulfillment with SLO Chamber
• Develop loyalty program targeted to Cal Poly parents
• Utilize sponsored event worksheets from 2015-2016 to improve ROI for 2016-2017 events
• Explore new tradeshow locations and business-to-business options
• Leverage new “Creative Community” designation as part of SLO TBID’s Arts & Culture pillar
In addition the TBID is looking forward to growing the district membership, to include new hotel properties
coming into the City of San Luis Obispo.
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Packet Pg. 37 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
28 SLO TBID Annual Report 2015-16 Appendix
APPENDIX
TOT CHART 2015-16
TOT MONTH TO MONTH 2015-16
$8m
$7m
$6m
$5m
$4m
$3m
$2m
$1m
2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16
$8m
$9m
$7m
$6m
$5m
$4m
$3m
$2m
$1m
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
2015-16 2014-15
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Packet Pg. 38 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
29 SLO TBID Annual Report 2015-16 Appendix
OCC MONTH TO MONTH 2015-16
ADR MONTH TO MONTH 2015-16
June
2015-16
May
April
March
February
January
December
November
October
September
August
July
0 10 20 30 40 50 60 70 80 90
2014-15
June
2015-16
May
April
March
February
January
December
November
October
September
August
July
$20$0 $40 $60 $80 $100 $120 $140 $160
2014-15
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Packet Pg. 39 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
30 SLO TBID Annual Report 2015-16 Appendix
REVPAR MONTH TO MONTH 2015-16
June
2015-16
May
April
March
February
January
December
November
October
September
August
July
$20$0 $40 $60 $80 $100 $120 $140
2014-15
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Packet Pg. 40 Attachment: a - 2015-16 Annual Report Draft (1475 : 2015-16 TBID Annual Report)
R ______
RESOLUTION NO. XXXX (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE
ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE
PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR
2016-17
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism
Business Improvement District had requested the City of San Luis Obispo establish such a self-
assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was established
in July 2008 by Ordinance No. 1517 and codified into Chapter 12.42 of the City’s Municipal Code;
and
WHEREAS, the assessment went into effect on October 1, 2008; and
WHEREAS, the City Council appointed an advisory board to provide oversight, guidance,
and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, notices regarding the approval of the annual report were sent on October 7,
2016 to all assessed properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) That the Tourism Business Improvement District Annual Report for fiscal year 2015-
16 as filed by the advisory body is hereby approved.
b) The San Luis Obispo City Council proposes to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with City
Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
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Packet Pg. 41 Attachment: b - Resolution of Intention (1475 : 2015-16 TBID Annual Report)
Resolution No. _____ (2016 Series) Page 2
R ______
c) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer a marketing program
that increases overnight hotel stays pursuant to the set goals.
d) The assessment will be levied and allocated by the City of San Luis Obispo.
e) The assessment is proposed to be levied on all “hotels”, as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of
any structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed
location, or other similar structure or portion thereof.
f) The assessment shall be based on two percent (2%) of gross room rent.
g) New hotels shall not be exempt from immediate assessment.
h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the District and proposed assessment, and
is hereby set for 6 p.m., Tuesday, November 1, 2016, before the City Council of San
Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo,
California.
i) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of specified
types of improvements or activities will be heard.
j) Any protest against the continuation of the City of San Luis Obispo Tourism Business
Improvement District and the levying of the assessment, or any aspect thereof, may be
made in writing. A protest may be withdrawn at any time before the conclusion of the
public hearing. Any written protest shall contain a description of the business in which
the person signing the protest is not shown on the official records of the City of San
Luis Obispo as the owner of the business, then the protest shall contain or be
accompanied by written evidence that the person is the owner of the authorized
representative of the business. Any protest as to the regularity or evidence of the
proceedings shall be in writing and clearly state the irregularity or defect to the City of
San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401.
k) If, at the conclusion of the public hearing, there are of record, written protests by the
owners of businesses within the proposed San Luis Obispo Tourism Business
Improvement District that will pay fifty percent (50%) or more of the total assessments
of the entire San Luis Obispo Tourism Business Improvement District, no further
proceedings to continue the San Luis Obispo Tourism Business Improvement District
shall occur. New proceedings to form the San Luis Obispo Tourism Business
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Packet Pg. 42 Attachment: b - Resolution of Intention (1475 : 2015-16 TBID Annual Report)
Resolution No. _____ (2016 Series) Page 3
R ______
Improvement District shall not be undertaken again for a period of at least one (1) year
from the date of the finding. If the majority of written protests are only as to an
improvement or activity proposed, then that type of improvement or activity shall not
be included in the San Luis Obispo Tourism Improvement District.
BE IT FURTHER RESOLVED, that the City Clerk is instructed to provide notice as
required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement
Law of 1989, section 36534, subpart (b) of the Streets and Highways Code, to wit: the City Clerk
shall give notice of the public hearing by causing the resolution of intention to be published once
in a newspaper of general circulation in the City no less than seven days before the public hearing.
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
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Packet Pg. 43 Attachment: b - Resolution of Intention (1475 : 2015-16 TBID Annual Report)
Minutes - DRAFT
TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD
Wednesday, September 14, 2016
Regular Meeting of the Tourism Business Improvement District Board
CALL TO ORDER
A Regular Meeting of the Tourism Business Improvement District Board was called to order on
Wednesday, September 14, 2016 at 10:00 in the Council Hearing Room, located at 990 Palm
Street, San Luis Obispo, California, by Chair Wilkins.
ROLL CALL
Present: Board Members Dean Hutton, Clint Pearce, Pragna Patel-Mueller, LeBren Young-
Harris*, Vice-Chair Nipool Patel, and Chair Matthew Wilkins
*Board Member Young-Harris arrived at 10:06 a.m.
Absent: None
Staff: Tourism Manager Molly Cano, Tourism Intern Katie Conroy, and Deputy City Clerk
Heather Goodwin.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
CONSENT AGENDA
ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY VICE CHAIR
PATEL, CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT), to approve Consent
Calendar Items C1 through C7.
C1. MINUTES OF REGULAR MEETING ON WEDNESDAY, AUGUST 10, 2016
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the Minutes
of the Tourism Business Improvement District Board of Wednesday, August 10, 2016.
C2. SMITH TRAVEL REPORT
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the Smith
Travel Report.
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 14, 2016 Page 2
C3. CHAMBER PUBLIC RELATIONS REPORT
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the
Chamber Public Relations Report.
C4. BCA + MATCHFIRE MARKETING REPORT
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the
BCA+Matchfire Marketing Report.
C5. CHAMBER VISITOR CENTER REPORT
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the
Chamber Visitor Center Report.
C6. TRANSIT OCCUPANCY TAX (TOT) REPORT
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the Transit
Occupancy Tax (TOT) Report.
C7. NOTICE OF UNSCHEDULED VACANCY
CARRIED 5-0 (BOARD MEMBER YOUNG-HARRIS ABSENT) to approve the Notice
of Unscheduled Vacancy of Kimberley Walker.
PRESENTATIONS
1. MARKETING AGENCY MONTHLY REPORT
Board Member Young-Harris arrived at 10:06 a.m.
Representatives from BCA + Matchfire presented an activity report for their monthly
marketing activities over the past month for SLO TBID and responded to Board Member
inquiries.
Public Comments:
Scott Andrews, representing the Jazz Festival, questioned whether their upcoming event in
May 2017 would be able to giveaway the new reusable bags.
---End of Public Comments---
In response to public comment, Tourism Manager Cano stated that the Jazz Festival may be
able to giveaway a small number of the new reusable bags, noting that she would need to
know the quantity a head of time.
No action was taken on this item.
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 14, 2016 Page 3
2. CHAMBER MONTHLY REPORT
Molly Kern, Chamber of Commerce Director of Communications and Business Education
presented the public relations activities for the past month, and responded to Board
Member inquiries.
Public Comments:
None.
---End of Public Comments---
No action was taken on this item.
BUSINESS ITEMS
1. 2015-16 TBID ANNUAL REPORT
Tourism Manager Cano reviewed the draft 2015-16 TBID Annual Report. Explained the
next steps for the report. Stated that the first step is creating a sizzle reel which will be
presented to the Board at its next meeting in October, then the report will be presented to
Council for their approval. Responded to Board Member inquiries.
Public Comments:
None.
---End of Public Comments---
ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD
MEMBER PEARCE, CARRIED 6-0 to approve the 2015-16 TBID Annual Report.
2. LODGING LOYALTY PROGRAM UPDATE
Tourism Manager Cano provided an update to the Lodging Loyalty Program. Stated that
there are thirty spots available to sign up for the program. Noted that the public has until
September 30, 2016 to register. Explained that the program is a pilot program. Responded
to Board Member inquiries.
Public Comments:
None.
---End of Public Comments---
No action was taken on this item.
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 14, 2016 Page 4
3. 2016-17 EVENT PROMOTION FUNDING RECOMMENDATIONS
Tourism Manager Cano provided an update to the 2016-17 Event Promotional Funding
Recommendations. Noted that there were three events (Roll Out the Barrels, Love SLO,
and Fall Fest) that submitted a funding request in August 2016. Responded to board
member questions
Tourism Manager Cano explained the Roll Out the Barrel event.
Public Comments:
None.
---End of Public Comments---
ACTION: MOTION BY VICE-CHAIR PATEL, SECOND BY BOARD MEMBER
HUTTON, CARRIED 6-0 to approve the funding for the Roll Out the Barrel event in the
amount of $14,250.
Tourism Manager Cano explained the Love SLO event.
Public Comments:
None.
---End of Public Comments---
No action was taken on this item.
Tourism Manager Cano explained the Fall Fest event.
Public Comments:
Scott Andrews, representing the Jazz Festival, urged the Boards support for the upcoming
Jazz Festival, noting that the festival will increase the number of heads in beds in the City,
and explained that the Jazz Festival can extend more benefits if the funding was at the
$5,000.
---End of Public Comments---
In response to public comment, Chair Wilkins stated that his hotel is sold out the weekend
of the Fall Festival. Explained that he likes the idea of the increase of heads in beds, but
did not think the timing was right due to the festival date. Opined that there would be more
of a benefit if the festival was on another date.
ACTION: MOTION BY VICE-CHAIR PATEL, SECOND BY BOARD MEMBER
HUTTON, CARRIED 6-0 to not allocate funding for the Fall Fest event.
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 14, 2016 Page 5
4. BLACK DIAMOND PARTNERSHIP WITH CCTC
Tourism Manager Cano presented the Black Diamond Partnership with CCTC report and
Chamber of Commerce Director of Communications and Business Education Kern
provided a brief explanation of the Chambers contract. Responded to Board Member
inquiries.
Public Comments:
None.
---End of Public Comments---
ACTION: MOTION BY BOARD MEMBER PEARCE, SECOND BY CHAIR
WILKINS, CARRIED 6-0 to approve the participation in the CCTC Black Diamond
contract for UK representation for the Central Coast in the amount of $1200.
TBID LIAISON REPORTS & COMMUNICATION
1. HOTELIER UPDATE
Board Member Patel-Mueller stated that she has not introduced herself as the liaison to her
neighboring hotels. Tourism Manager Cano stated that she would be willing to introduce
her as the neighboring liaison.
Vice-Chair Patel stated that new hotelier Andrew Firestone is getting close to breakin g
ground.
Board Member Harris stated that her management company is breaking ground on the
Spring Hill Suites, a new property in the city.
2. MANAGEMENT COMMITTEE UPDATE – MEETING: AUGUST 18, 2016
Tourism Manager Cano noted that there was an error on this item in the agenda packet
presented. Stated that the Management Committee agenda was included in the agenda
packet instead of the Management Committee minutes. A hard copy of the Management
Committee minutes of August 18, 2016 was distributed to the Board Members. Responded
to Board Member inquiries.
3. MARKETING COMMITTEE UPDATE – MINUTES: SEPTEMBER 8, 2016
Tourism Manager Cano reported on the new reusable bags and the partnership with SLO
Wine, Cowparade and Loyalty Program. Stated that TBID would partner with SLO Wine
for the road show piece to the LA Magazine food event on October 16th in Malibu, Ca.
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 14, 2016 Page 6
4. PCC UPDATE – MINUTES: JULY 10, 2016
Vice Chair Wilkins reported on the new features of the SLO Happenings. Tourism
Manager Cano stated that the PCC is working on their strategic plan.
5. VISIT SLO COUNTY UPDATE
Board Member Pearce reported on Visit SLO County (VSLOC). Stated that VSLOC has
finalized their strategic plan. Tourism Manager Cano stated that the marketing committee
will be looking at a new county brand, media plan, and overall marketing plan at its next
marking meeting on October 11th. Announced that the VSLOC will be hosting the Industry
Educational Symposium on October 5th at the Embassy Suites in San Luis Obispo.
6. TOURISM PROGRAM UPDATE
Tourism Manager Cano stated that she is working with the City’s Human Resoure
department on the new Tourism Coordinator position. Announced that TBID Board
Member Walker resigned. Explained the recruitment process for both positions. Reported
on SLO Days, Mustang Way, Cowparade, and CCTC Mid-Year Workshop in Monterey,
Ca.
Meeting updates are as follows: Management Committee (September 20th at 3 p.m.),
Marketing Committee (September 22nd – 10 a.m.), TBID Board meeting (October 12th – 10
a.m.) and Strategic Plan Update (October 20th – 9 a.m. – 4 p.m.)
ADJOURN. ADJOURNMENT
The meeting was adjourned at 11:31 a.m. The next Regular meeting of the Tourism Business
Improvement District Board is scheduled for Wednesday, October 12, 2016 at 10:00 a.m., in the
Council Hearing Room, 990 Palm Street, San Luis Obispo, California.
APPROVED BY THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: XX/XX/2016
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Page intentionally left
blank.
Meeting Date: 10/18/2016
FROM: Michael Codron, Community Development Director
Prepared By: Xzandrea Fowler, Community Development Deputy Director
SUBJECT: CLIMATE ACTION PLAN IMPLEMENTATION UPDATE
RECOMMENDATION
1. Receive a status update report on the implementation of the 2012 City of San Luis Obispo
Climate Action Plan; and
2. Provide input and direct staff to proceed with an analysis of the feasibility of implementing
the recommendations identified in the 2016 Climate Action Plan Progress Report and the
City of San Luis Obispo Energy Baseline Report, and return to the City Council with
recommended implementation strategies to further the City’s efforts to address climate
change and to mitigate GHG emissions.
DISCUSSION
The results and recommendations identified in the 2016 Climate Action Plan Progress Report
(Progress Report, Attachment A) are the primary focus of this CAP implementation update. This
update summarizes the findings contained in the Progress Report and provides a summary of the
City’s contribution to the overall regional reduction of greenhouse gas (GHG) emissions within
San Luis Obispo County.
Background
In an effort to address the impacts of climate change throughout the world, the State of
California passed the Global Warming Solutions Act of 2006, better known as Assembly Bill
(AB) 32. AB 32 fights global warming by establishing a comprehensive program to reduce GHG
emissions from all sources throughout the state. AB 32 specifically requires California to reduce
its GHG emissions to 1990 levels by 2020. AB 32 aims to improve the environment and natural
resources while maintaining a robust economy.
Urban areas are a logical setting for implementing and measuring climate action. In 2008, the
City of San Luis Obispo made a commitment to address climate change and joined the
International Council for Local Environmental Initiatives’ (ICLEI) Cities for Climate Protection
(CCP) campaign. The CCP campaign identified a framework of five milestones for local
governments to achieve: (1) conduct a baseline emissions inventory, (2) adopt a GHG emissions
reduction target, (3) develop a plan to achieve that target, (4) implement that plan, and (5)
monitor.
In July 2012, the City Council adopted by resolution the 2012 City of San Luis Obispo Climate
Action Plan (CAP). The CAP was the result of a collaborative effort between the City, Cal Poly
City and Regional Planning Department, and community members. The CAP serves as the City’s
policy document that sets forth objectives and strategies that the City and community members
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can in turn use to implement strategies to reduce GHG emissions and establish infrastructure that
will save energy and reduce energy-related costs in the future. The adoption of the CAP satisfied
the first three milestones of the CCP campaign, because it contains a baseline GHG emissions
inventory, sets a GHG emissions reduction target of 1990 levels by 2020, and serves as the plan
to achieve that target. The City is currently in the implementation and monitoring phase s of the
CAP, which coincides with the fourth and fifth milestones of the CCP campaign. The 2012 City
of San Luis Obispo Climate Action Plan is available online at
http://www.slocity.org/home/showdocument?id=4086.
Climate Action Plan Implementation Assessment
Recently, an assessment of the implementation of the City’s CAP strategies to reduce GHG
emissions was completed. The findings of that assessment were compiled into a report entitled
“2016 Climate Action Plan Progress Report,” which tracks the City’s progress towards
implementing the CAP over the past four years (August 2012 to August 2016), highlights all of
the near term (0 to 5 year) GHG reduction strategies and City programs that are functionally
aligned to support implementation of those strategies, and identifies the status and progress of
specific implementation measures (Attachment A). The progress report also provides specific
recommendations to further the City’s progress towards the implementation and monitoring of
the GHG reduction strategies identified in the CAP.
2016 Climate Action Plan Progress Report
Provided below is a brief summary of the findings and recommendations contained in the
Progress Report.
1. Near Term GHG Reduction Strategies by City Department
Table 1 of the 2016 Climate Action Plan Progress Report (Attachment A) identifies eighteen (18)
near term GHG reduction strategies. Those strategies address Buildings, Renewable Energy,
Transportation and Land Use, Water, Solid Waste, Parks and Open Space, and Government
Options.
The Community Development Department is responsible for the implementation of eleven (11)
of the identified near term GHG reduction strategies, and the vast majority of their responsibility
involves public outreach and education, in addition to water and energy conservation for new
development.
The Utilities Department is responsible for three near term GHG reduction strategies, including
water conservation for existing development, and public outreach and education.
The Public Works Department – Parking Services Division is responsible for two near term
GHG reduction strategies involving parking management and employee commute. The Public
Works Department - Facilities Division is responsible for three near term GHG reduction
strategies involving parking management, green waste recycling, and city facility energy
conservation.
The Parks and Recreation Department is responsible for two near term GHG reduction Strategies
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involving public outreach and education and city facility energy conservation.
2. Near Term GHG Reduction Strategy Implementation Measures and Progress
The Progress Report identifies forty-seven (47) implementation measures that are associated
with the eighteen (18) near term GHG reduction strategies noted above. The Progress Report
also assigns a progress level (Complete, In Progress, Ongoing, or No Progress) to each identified
implementation measure, and provides a brief summary of the activities the City accomplished in
support of the identified objectives.
The Progress Report identifies that only five (5) of forty-seven (47) identified near term GHG
reduction strategy implementation measures have been assigned a progress level of “Complete.”
While eleven (11) of the implementation measures have an assigned progress level of “In
Progress,” twenty-one (21) have an assigned progress level of “Ongoing”, and the remainder
have an assigned progress level of “No Progress.” Although the vast majority of the identified
implementation measures have a status of “Complete, In Progress, or Ongoing”, there is still a
significant amount of work that needs to be done in order for the City to achieve the GHG
emissions reduction objectives that are identified in the CAP.
3. Near Term GHG Reduction Strategies Recommendations
The Progress Report identifies recommendations to further the efforts associated with each
implementation measure. In general, those recommendations call for amendments to the CAP,
such as re-evaluation of the feasibility or relevance of some of the identified GHG emissions
reduction implementation measures, and identifying potential funding sources. Other
recommendations call for changes to City operations, such as the creation of a “Green Team”
comprised of representatives from each department with expertise in environmental policy,
transportation, energy efficiency, planning, and public outreach, that would be specifically
tasked with CAP implementation. There are also recommendations associated with enhancing
community participation, such as the development of a San Luis Obispo Climate Action
Coalition that would advocate the direct involvement of the community in CAP implementation
efforts.
City of San Luis Obispo Energy Baseline Report
The City is participating in San Luis Obispo County’s Energy Watch Climate Services Program
(Energy Watch), which is a partnership between the County of San Luis Obispo (County),
Pacific Gas and Electric Company (PG&E) Southern California Gas Company (SoCal Gas), and
participating cities and special districts. As part of a comprehensive program, Energy Watch
provides information to the City regarding energy use and cost for our facilities and
infrastructure. This information is used to identify opportunities for energy and cost savings, to
help the City finance and implement energ y saving measures and projects, and to track building
performance.
The Energy Watch staff in collaboration with CivicSpark staff prepared a “City of San Luis
Obispo Energy Baseline Report” (Baseline Report) in August 2016. CivicSpark is a governor’s
initiative AmeriCorps program designed to help local governments build capacity. In the County
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of San Luis Obispo, CivicSpark’s mission is to provide support for the implementation of
Climate Action Plans for the seven incorporated Cities and the County.
The Baseline Report has two purposes: (1) to analyze the City’s energy use and cost from June
2013 to May 2016, and (2) to serve as the baseline and guiding document for future energy
efficiency efforts (Attachment B). To produce this report, Energy Watch to collected utility data
from City buildings and utility infrastructure from PG&E and SoCal Gas.
The Baseline Report highlights eighteen (18) buildings and three (3) types of utility
infrastructure that are owned and operated by the City. The energy analysis contained in the
report describes the electricity and natural gas use and costs for each facility, the percent change
between June 2013 and May 2016, and the overall energy trend analysis. Tables 1.1 and 1.2 of
the Baseline Report include a detailed year by year breakdown of electricity and natural gas use
and costs for all City buildings and infrastructure types (Attachment B).
The Baseline Report also identifies recommendations to further the City’s efforts regarding
energy management. Those recommendations include performing energy assessments on priority
or all facilities, implementation of energy and cost saving measures and projects, and monitoring
and measuring facility and infrastructure performance and providing an annual Energy Baseline
Report and Rate Analysis.
Contribution to Regional GHG Emissions Reductions
Provided below is a brief summary of the City’s contribution to regional efforts to reduce GHG
emissions.
1. Property Assessed Clean Energy (PACE)
Property Assessed Clean Energy (PACE) is a financing mechanism that allows property owners
to finance eligible energy and water efficiency, and renewable energy projects, by adding the
cost as an assessment to the property tax bill. This mechanism eliminates upfront costs and
allows repayment to be made over a long timeframe, typically from five to twenty years.
On February 16, 2016, the City Council adopted resolutions and agreements consenting to the
inclusion of properties within the incorporated areas of the City to participate in PACE programs
provided by California HERO, Ygrene and CaliforniaFIRST.
2. Exploration of a regional Community Choice Aggregation (CCA) program
Community Choice Aggregation (CCA) is a government energy procurement program, made
possible by the passage of State Assembly Bill (AB) 117 in 2002, which allows local
governments to purchase and sell electricity by aggregating customer loads. Under the
legislation, a city, county, or Joint Powers Authority, may implement a CCA program. A CCA
entity is then allowed to set rates for its customers and choose the form of energy generation,
enabling communities to choose renewable energy sources rather than the local utility’s mix of
energy sources.
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In March 2015, the City Council adopted a resolution supporting City participation in the
exploration of CCA, together with other jurisdictions in the region.
In October 2015, the County of San Luis Obispo Board of Supervisors authorized the County to
invest $50,000 toward the cost of feasibility studies for regional CCA – one with the counties of
Santa Barbara and Ventura, and one with the City of San Luis Obispo and other cities in the
county. Those feasibility studies are currently underway.
CONCURRENCES
Community Development, Public Works, Utilities and Parks and Recreation all concur that the
information and recommendations provided in the Progress Report and the Energy Baseline
Report will assist staff with the development of a cohesive strategy to complete all of the near -
term GHG reduction strategy implementation measures and monitoring, as well as set the stage
for the implementation of the mid-term GHG reduction strategies
ENVIRONMENTAL REVIEW
A Negative Declaration of environmental impacts, in accordance with CEQA, was approved
when the CAP was adopted in July 2012. Subsequently the GHG reduction strategy
implementation measures identified in the CAP were evaluated and considered in the
Environmental Impact Report that was prepared for the update of the General Plan for the Land
Use and Circulation Elements in December 2014.
FISCAL IMPACT
The City Council adopted “Climate Protection” as an Other Council Objective for the
Community Development Department in the 2011-2013 Financial Plan, but did not allocate
funding specifically for the implementation of the CAP in subsequent Financial Plans. Currently
the implementation of the CAP strategies are being funded through existing enterprise funds and
General Fund allocations as part of larger work efforts. Staff continues to seek additional grants
and other sources of funding to accelerate the existing efforts, however the fiscal impacts of
accelerating CAP implementation are currently unknown and are dependent on policy and
program choices.
This action has no fiscal impact.
ALTERNATIVES
Request additional information and continue to a future meeting. The Council could request
additional information from staff and request that time be set aside on the agenda at an upcoming
meeting for further discussion.
Attachments:
a - Climate Action Plan Progress Report
b - San Luis Obispo Energy Baseline Report
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Packet Pg. 54
2016
Climate Action Plan
Progress Report
Sydnie Margallo
College of Agriculture, Food and Environmental Sciences
Natural Resources Management & Environmental
Sciences Department
California Polytechnic State University
San Luis Obispo, California
August 2016
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Table of Contents
Introduction 3
Near Term GHG Reduction Strategies 4
Implementation Measures and Progress 5
Buildings 6
Renewable Energy 8
Transportation and Land Use 9
Water 13
Solid Waste 16
Parks and Open Space 18
Governmental Options 20
General Recommendations 22
Acknowledgements 23
List of Acronyms 23
Appendix A 24
Appendix B 26
Appendix C 28
Appendix D 29
Appendix E 30
Appendix F 32
Appendix G 33
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Introduction
The 2012 San Luis Obispo Climate Action Plan (CAP) educates the public on the most
significant causes of climate change and outlines critical steps towards reducing
greenhouse gas (GHG) emissions over the next 20 years. Using the CAP, the City of San
Luis Obispo can directly implement GHG reduction strategies through local government
operations, as well as through engagement with the community. As a result, CAP
implementation allows the City to bring communities together to create a safer, cleaner,
and healthier environment.
Since the adoption of the CAP in 2012, little work has been done to educate City
employees on its goals and objectives. While City employees seem to be unfamiliar with
the CAP’s GHG reduction strategies, many of these strategies are being pursued through
daily City operations anyways. Consequently, implementation of the CAP is not far off
track. This report explains which actions are in progress and which are on hold in order
to aid awareness of the City’s advancement in CAP implementation. From here, the City
can identify barriers to implementation and update the CAP accordingly.
Using the Local GHG Reductions Matrix on page 59 and 60 of the CAP (See Appendix
C), I determined the near term (0 to 5 years) GHG reduction strategies and which
departments were responsible for each. I then contacted City employees from these
responsible departments for updates on current progress of implementation and
barriers to completion. Any details that I was unable to collect via City contacts, was
found by researching within City documents and contacting other agencies. With this
information I created a progress report, outlining what the City has accomplished and
proposing solutions to help overcome obstacles to implementation of the GHG
reduction strategies.
The first section of this report identifies the near term GHG reduction strategies as well
as the departments responsible for implementing them. The next portion states the
implementation measures under each GHG reduction strategy, and notes the status and
progress of each. Also included in this section are recommendations on more effectively
implementing and monitoring the measure. Following this is a section of general
recommendations proposed to optimize CAP implementation. Lastly, evidence of the
City’s progress is included in the appendices.
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Near Term GHG Reduction Strategies
Table 1. The table below organizes the near term GHG reduction strategies addressed in this
report by the department that is responsible for implementation. On the left side of the table is
the chapter and strategy number, as established in the CAP.
Department
# Community
Development
Utilities Parking Public Works Parks & Rec
RE 3
TLU 9
WTR 3
WST 2
GO 11
Public Outreach and
Education
BLD 3 Public Outreach
and Education
PKS 5 Public Outreach
and Education
BLD 2 New Construction
Energy
Conservation
TLU 2 Alternative Vehicles
TLU 6 Parking
Management
Parking
Management
TLU 7 Shared Parking
TLU 8 Reduce the Need for
Commuting
WTR 1 Water
Conservation:
Existing
Development
WTR 2 Water Conservation:
New Development
PKS 3 Green Waste
Recycling
GO 1 City Energy
Conservation
City Energy
Conservation
GO 9 Employee
Commute
GO 10 Sustainability
Coordinator
Sustainability
Coordinator
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Implementation Measures and Progress
The CAP outlines actions, or implementation measures, that shall be completed in order
to execute each of the GHG reduction strategies shown in Table 1. The following section
is a list of these GHG-reducing implementation measures for near term CAP
implementation. These measures are organized by the six chapters, or focus areas, of the
plan, and correspond to the GHG reduction strategy numbers laid out in Table 1. For
example, New Construction Energy Conservation is listed as “BLD 2” in Table 1. This
refers to strategy 2 in the Buildings section of the CAP. The four implementation
measures for this strategy are listed as BLD 2.1, BLD 2.2, and so on.
To the left of the listed implementation measures there are notes on the City’s
progression of completing the action. The four progress levels of implementation are
Complete, In Progress, Ongoing, and No Progress.
Complete: the measure is complete and does not require any additional action
In Progress: the measure is currently in the process of completion
Ongoing: the measure has been initiated and requires ongoing implementation
No Progress: no action has been taken to implement the measure
Under each implementation measure are bullet point notes on what the City has done to
accomplish the measure. Following these progress notes, there are recommendations on
implementation efforts and monitoring for incomplete implementation measures.
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Buildings (BLD)
BLD 2 New Construction Energy Conservation
In Progress BLD 2.1 Expand incentive program for projects that exceed Title 24 energy
efficiency standards.
• The City provides incentives for projects that exceed Title 24 energy efficiency standards, however, these incentives are rarely used
• The City partnered with County EnergyWatch to maintain energy audit resources for all municipal buildings Recommendation: While there are incentive programs to encourage projects that exceed Title 24 energy efficiency standards, they are rarely used. The City should revise these incentive programs to make them easier to apply to and more desirable. Monitoring: The City should then monitor the number of projects that exceed Title 24 energy efficiency standards and include the data in the CAP annual report.
Complete BLD 2.2 Require new development to install energy efficient appliances.
• The state already mandates the installation of energy efficient appliances through Title 20 and Title 24 of the California Code of Regulations
° Both titles are regulated by the California Energy Commission
No Progress BLD 2.3 Amend design guidelines and other documents to promote low impact
development strategies such as cool roofs and cool paving surfaces.
• The City created brochures promoting low impact development strategies, but these strategies are not included in City documents
• The Community Development Department may consider this action in the upcoming update of the Design Guidelines Recommendation: Without a law or ordinance requiring the encouragement of low impact development strategies, like cool roofs, this is not a priority for the City at this time. Also, the SLO Design Guidelines have not been updated since the adoption of the SLO CAP. This issue shall be considered in the upcoming update of the Design Guidelines.
BLD 3 Public Outreach and Education
Ongoing BLD 3.1 Promote energy efficiency programs and available financing options
including energy-efficiency mortgages, State energy programs, Energy
Upgrade California, utility company upgrade programs, and local rebates.
• The City’s Water Resource Recovery Facility recently partnered with PG&E to complete an energy efficiency design build project
° Energy audit in 2011
° New cogeneration system uses digesters’ biogas as a fuel source to provide about 20% of the electricity needed for the facility
° Exterior lighting replaced with night sky friendly LED lighting
° Aging equipment replaced and upgraded
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♦ Now less equipment and motors are used, at a fraction of the horsepower
° These actions resulted in rebates from PG&E
Ongoing BLD 3.2 Collaborate with the County, State, and energy providers to develop a
central website for streamlined access to energy efficiency resources, including
a database of certified energy raters and recommended upgrades.
• CivicSpark is a statewide AmeriCorps program that the City works with to help implement components of the CAP
° Created handouts to inform homeowners, renters, and business owners on how to low-to-no cost actions to reduce their energy usage and save money
° Provided information through outreach and online on emPower’s free home energy coach visits and energy audits, and information on commercial audits, retrofits, and available financing options and incentives for PG&E and SoCal Gas Company
• Slocool.org is a climate action planning website for the City that has not been updated since 2013 Recommendation: The City should hire a Green Team, dedicated to implementing the CAP, including activities like updating and maintaining the City’s climate action planning website.
In Progress BLD 3.3 Work with local green building organizations on education and
outreach programs.
• The City has not made significant progress for public outreach and education on green building
• The City asks other agencies, like CivicSpark, to work on outreach
° Presented energy efficiency efforts throughout the County at Green Building Alliance meetings
° Held block party highlighting companies focused on green building (i.e. BuildSMART sustainable building materials resource trailer, Semmes & Co Builders, and SLO Sustainability Group Architects) Recommendation: This is not a priority for the City at this time. This measure is especially difficult with the lack of employees dedicated to creating and maintaining climate action outreach and education programs, and would be more efficiently implemented through the work of the Green Team.
No Progress BLD 3.4 Work with the business community to establish a green business
certification program. Recommendation: This is not a priority for the City at this time and there are no City employees currently assigned to this task of establishing a green business certification program. A Green Team dedicated to implementing the CAP would be able to work on completing this measure. Monitoring: Once the program is established, the City should monitor the number of certified green business in San Luis Obispo and include this information in the CAP annual report.
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Renewable Energy (RE)
RE 3 Public Outreach and Education
In Progress RE 3.1 Educate the community about renewable energy programs using
various methods, such as the City's website, TV channel, flyers in reception
areas, and public events.
• The City’s Climate Action Planning website (slocool.org) has not been updated since 2013
• The City coordinates with the County and other agencies to use and distribute flyers they created for renewable energy programs Recommendation: See Recommendation BLD 3.3
No Progress RE 3.2 Consider results of the SLO-RESCO project. Recommendation: Since the City no longer participates in the SLO-RESCO project, the CAP should be updated with this measure eliminated.
Ongoing RE 3.3 Encourage the use of photovoltaic installations whenever possible
during design review process.
• The City encourages the use of photovoltaic installations with a streamlined process for approval Recommendation: The City should create an incentive program to encourage the use of photovoltaic systems. The City should then monitor the number of photovoltaic installations and include this information in the CAP annual report.
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Transportation and Land Use (TLU)
TLU 2 Alternative Vehicles
No Progress TLU 2.1 Require all new development with 50 or more parking spaces to
designate a minimum 8% of parking spaces for clean air vehicles.
• The designation of clean air vehicle parking spaces is currently only conditioned through EIRs Recommendation: The Community Development Department should develop a streamlined process of requiring clean air vehicle parking spaces for all new development within the development review process.
No Progress TLU 2.2 Require all new development with 50 or more parking spaces to pre-
wire for electric vehicle charging stations, and provide a minimum 2 percent
charging spaces.
• The City currently conditions EV charging stations and clean vehicle parking spaces through EIRs
• The Target parking lot is included in the few that currently provide EV charging stations Recommendation: Parking structures should be planned in advance for the wiring of EV charging stations because they are more expensive to install later on. This consideration should be added to development review.
Ongoing TLU 2.3 Work with the APCD on the EV Community Readiness Plan for the
Central Coast.
• The City attended workshops and provided the APCD with input and information during their development of the EV Community Readiness Plan for the Central Coast
° The plan is now finished
° The APCD continues to reach out to the City whenever more funding is available for further implementation of the plan
No Progress TLU 2.4 Identify a network of streets appropriate for Neighborhood EV use in
the SLO 2035 General Plan update. Recommendation: This measure is somewhat unrealistic and irrelevant with the lack of current Neighborhood EV use. The use of these low-speed vehicles is prohibited on most streets because of their maximum capable speed of approximately 25 mph.
No Progress TLU 2.5 Allow car-sharing companies to designate spaces in public parking
areas and multifamily housing projects. Recommendation: Without a law or ordinance requiring the designation of parking spaces for clean air vehicles or EV charging stations, the enforcement of this is not a priority for the City at this time. This issue shall be considered with the upcoming construction of the parking structure at Palm and Nipomo Streets.
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TLU 6 Parking Management
In Progress TLU 6.1 Make Downtown parking structures an attractive alternative to meter
parking by making on-street meter fees more expensive than structure
parking.
• The parking meters in the Downtown Area currently cost more than in the downtown parking structures, which are also free for the first hour
• The parking structure on Palm and Morro Streets now accepts credit cards to encourage more parking in the structure
• There are plans to construct a new parking structure on Palm and Nipomo Streets
• The SLO Downtown Association encourages customers to park in structures for special events
• (See Parking Structure Revenue in Appendix D)
• (See Parking Structure Occupancy Rates in Appendix E)
In Progress TLU 6.2 Locate transit stops and bicycle racks near parking structures to
make alternative transportation choices Downtown more convenient.
• The 2016 SLO Transit Short Range Transit Plan
° Reconfigured routes to connect the downtown with other areas, including the San Luis Obispo High School campus
° Created additional transit stops located in the downtown area
° Plans for a new Downtown Transit Center
° Plans for bus stop improvements, including 10 supplementary bicycle racks
TLU 7 Shared Parking
No Progress TLU 7.1 Amend the Zoning Regulations to increase the potential shared
parking reduction from 10% to 30%.
• This measure shall be considered during the upcoming Zoning Regulations update in the fiscal years 2016-2018 Recommendation: Reduction strategies for shared parking reduction must be more specific to be added to the Zoning Regulations. This measure should be revised and considered in the upcoming Zoning Regulations for the fiscal years 2016-2018.
TLU 8 Reduce the Need for Commuting
In Progress TLU 8.1 Improve the City’s jobs-housing balance to reduce VMT from
commuting.
• The City’s jobs-housing balance has continued at a constant of approximately 1.6:1 since 2012, when the CAP was adopted
• There are several City policies aimed at improving the jobs-housing balance
° Land Use Element Policy 1.5 (See Appendix B)
° Housing Element Policies 10.1 and 10.2 (See Appendix B)
° Housing Element Program 10.3 (See Appendix B)
• The General Plan build out period plans for the construction of more than 4,300 new units by the year 2035 to provide housing for the City’s workforce
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Ongoing TLU 8.2 Support infill housing projects that implement General Plan policies,
especially BMR housing close to job opportunities.
• The City continues to promote housing near employment centers
• Over 100 new affordable units (moderate income and below) have been built since 2012
° A majority of these units were built near employment centers and transportation.
• The City continues to implement Inclusionary Housing requirements for all new developments in the City
° 3-5% of units deed restricted for in-fill projects
° 15% of units deed restricted for expansion area sites (specific plan areas)
• The City enforces policies to support infill housing
° Housing Element policy 6.2 (See Appendix B)
° Housing Element policy 6.8 (See Appendix B)
Ongoing TLU 8.3 Continue to allow SDU construction and look for opportunities to
reduce barriers to their production.
• The City continues to allow SDU development
• The City also encourages the production of SDUs with the reduction of impact fees and cheaper fees than SFRs
° Water for SDU at $3,307 vs. SFR at $11,023
° Wastewater for SDU at $1,144 vs. SFR at $3,815
° Studio fees: area calculated at ⅓ rate of a tradition SFR
° Flexible parking requirements
• The City has permitted approximately 10 SDUs since 2012
• Housing Element Program 6.29 promotes the SDU construction by allowing flexible development standards and other incentives (See Appendix B)
• The City’s Zoning Regulations are consistent with AB 1866 (Section 65852.2 of State Housing Element law)
° Allow SDU construction in R-1, R-2, R-3, R-4 and O zones with ministerial approvals when the primary use of the site is a single-family dwelling
TLU 9 Public Outreach and Education
Ongoing TLU 9.1 Distribute informational transportation welcome packets and bus
passes to new residents and businesses.
• Welcome packets with information on alternative transportation and ridesharing opportunities are distributed to new businesses through Rideshare’s Back ‘N’ Forth Club program
• SLOCOG is starting the Residential Transportation Demand Program in the fiscal year 2016-17
° The program works with realtors to distribute informational packets (included with a letter from the mayor) that encourage new residents to use alternative transportation options
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In Progress TLU 9.2 Install additional informational bike signage.
• This action is included in the City of San Luis Obispo Bicycle Transportation Plan, but has not yet been initiated Recommendation: The City Council should identify this task as a priority for the City. Since this task is not a capital project, there is currently no funding to complete it.
Ongoing TLU 9.3 Continue partnership with regional organizations, including
SLOCOG’s Regional Rideshare and SLO County’s Bicycle Coalition, on
outreach and education events.
• The City still has strong partnerships with these regional organizations and participates in many of their programs
° Rideshare’s Bike Month and Rideshare Month
° The City contributes to programs such as Bike Education and Bike Valet put on by Bike SLO County
No Progress TLU 9.4 Market incentive programs in the Bicycle Commuter Act to employers
and workers in the community. Recommendation: Paperwork for participation in the Act is confusing and time consuming, and the incentive is not great enough to encourage participation. The incentive program and application should be revised to make participation in the Act more desirable.
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Water (WTR)
WTR 1 Water Conservation: Existing Development
Complete WTR 1.1 Require landscape projects that trigger building permit review to
incorporate native and drought tolerant plant materials and minimize
irrigated turf areas.
• Water Efficient Landscape Ordinance (See Appendix A) Recommendation: The City should incentivize landscape projects that incorporate native and drought tolerant plant materials and use the applications to monitor the number of these projects.
Complete WTR 1.2 Require landscape projects that trigger building permit review to
incorporate irrigation system designs that avoid runoff, low-head drainage,
and overspray.
• Water Efficient Landscape Ordinance (See Appendix A)
• Water Conservation Ordinance (See Appendix A) Recommendation: The City should monitor the number of water efficient irrigation systems installed and include this information in the CAP annual report.
Ongoing WTR 1.3 Encourage the use of recycled water, greywater or rainwater-
harvesting systems.
• The Utilities department encourages the use of greywater and rainwater harvesting systems through
° A construction water program that uses exclusively recycled water
° Recycled Water Service Ordinance requires the use of recycled water where feasible (See Appendix A)
• Outreach includes
° Handouts at the farmer’s market booth
° Online outreach on their Facebook page
° Links provided in the Utilities Department section of the city’s website
° Time spent with customers interested in these resources Recommendation: The City should create an incentive or water rebate program to encourage the installation of recycled water, greywater, or rainwater-harvesting systems. The City could then organize home installation workshops with home improvement stores and monitor the number of attendees as well as the number of installations made.
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WTR 2 Water Conservation: New Development
Ongoing WTR 2.1 Review new development projects for consistency with CALGreen
water efficiency standards.
• The CALGreen water efficiency standards require the installation of compliant plumbing fixtures for all development built prior to 1994
° For smaller projects with work being done only to the exterior, the City cannot gain access to the interior of the house to check plumbing fixtures. In this case, a self-certification form is sent (See Appendix G)
° Any additions or remodels will not be approved until required plan check comments are made, including
♦ Outlining the scope of work
♦ Listing the 2013 CALGreen compliance code
♦ Verifying that all plumbing fixtures included in the project are in compliance with CALGreen standards
• The City’s development review process encourages new development to comply with these standards (while not required by law)
In progress WTR 2.2 Expand recycled water infrastructure to encourage use of greywater
in new construction and landscape projects.
• The City has expanded infrastructure for water recycling, with a steady increase of recycled water use since 2010 (AF= acre feet):
° 2010 = 152.62 AF 2011 = 159.85 AF 2012 = 165.11 AF 2013 = 176.65 AF 2014 = 185.77 AF 2015 = 187.41 AF
• The Public Works Department used recycled water to irrigate several City parks in 2015
° This minimized potable water use at City parks by 26% and conserved almost 8 million gallons of water
• There is currently no city-owned infrastructure for greywater
° Any existing infrastructure is for homeowners only Recommendation: If this is still an important issue, it should be identified by the City as a higher priority for the Public Utilities Department to implement. Monitoring: The City should also monitor the number of new construction and landscape projects using greywater and include this information in the CAP annual report.
Ongoing WTR 2.3 Require use of native and non-invasive drought tolerant plant
materials combined with conservative use of water and landscape designs that
prevent run-off.
• The Conservation and Open Space Element of the General Plan outlines steps the City takes to identify species of local concern and maintain these native species
• City staff continue to restore native vegetation in place of areas invaded with non-native vegetation
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• Water Efficient Landscape Ordinance (See Appendix A)
• Water Conservation Ordinance (See Appendix A) Recommendation: This measure is difficult to implement because it is unclear whether the action should be focused on municipal buildings only or on all new development. Monitoring: The City should monitor the number of projects with landscape designs incorporating native and non-invasive drought tolerant plant materials and include this information in the CAP annual report.
WTR 3 Public Outreach and Education
Ongoing and
In Progress
WTR 3.1 Provide a graphical history of household water usage on utility bills,
and a comparison to average water usage for similar types of homes in the
community.
• The Utilities department does provide a graph of household water use on utility water bills (See graph in Appendix F)
• The Utilities department does not currently provide data showing a comparison to other types of homes in the community, but this is a goal for individual mailings for high use customers
Ongoing WTR 3.2 Maintain Utilities Department online resources and outreach
materials for water saving tips, planting guides and available rebates.
• These resources and outreach materials are available online at www.slowater.org/drought
• Planting guides are available through www.slowaterwiselandscaping.com
• Joe Little currently mans a bimonthly farmers market booth to educate the public on the Utilities Department services
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Solid Waste (WST)
WST 2 Public Outreach and Education
Complete WST 2.1 Provide the option for home and commercial waste audits to identify
and educate consumers where waste production can be reduced.
• The San Luis Obispo County Integrated Waste Management Authority (IWMA) is an agency formed by the County and the cities within it to develop and implement regional programs to reduce solid and hazardous waste
• The IWMA will perform commercial and residential waste audits
° The IWMA will take calls about disposing of anything from needles to beached whales
° They enforce county-wide ordinances to discourage the disposal of paints, needles, pharmaceuticals, batteries, fluorescent lights, and mercury thermostats
♦ Retailers selling any of these products are required to take them back from the public for free, reducing the amount of hazardous waste in landfills
• The IWMA is also implementing a program called Love Food Not Waste to reduce GHG emissions by adding food scraps to our greenwaste bins
° Small food waste bins with educational flyers are being distributed to all residential areas in the county that currently have green waste bins
° They are also being distributed to businesses one by one
° Food scraps will be taken to an aerobic digestor in the County for collection of methane gas which will then be redistributed to PG&E and used for energy production
° This will reduce a large amount of GHG emissions from shipping the food waste down to a landfill in Santa Maria as well as from releasing the methane gas produced from the food waste
Complete WST 2.2 Maintain Utilities Department online resources and outreach
materials for recycling.
• This material is generally issued by the IWMA on a regional level
• This information and more can be found online at http://www.iwma.com/guide/
In Progress WST 2.3 Host interactive workshops on home composting.
• With the upcoming distribution of food waste collection bins from the County, the City plans to coordinate with local home improvement stores to host workshops on home composting and food waste collection Recommendation: With the upcoming distribution of food waste bins, the City should include informational pamphlets on the proper use of these with household utility bills. The City can also support the use of these bins by working with home
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Ongoing WST 2.4 Explore options for landfill and Water Reclamation Facility site visits
open to the public and school groups.
• College and community tours are conducted, as well as annual grade school tours brought by the Science Discovery program for a total of about 50 tours per year
• Water Resource Recovery Facility site visits are available through either calling the Utilities Department, via the web at http://www.slocity.org/government/department-directory/utilities-department/wastewater/wastewater-treatment/sign-up-for-a-tour or on the Water Resource Recovery Facility website at http://slowrrfproject.org/join-the-conversation/visit-the-wrrf/
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Parks and Open Space (PKS)
PKS 3 Green Waste Recycling
Ongoing PKS 3.1 Store green waste from park maintenance at established composting
facilities or other park properties.
• Green waste from park maintenance is used for
° City landscape planters and beds
° Restoration plantings by the Natural Resources Department
° Tree plantings by the Urban Forest Service
° Certain CIPs
• 200 yards or more of woodchips serve City uses
Ongoing PKS 3.2 Continue to chip larger green waste at the City’s Corporation Yard
and redistribute for public and private use.
• All green waste produced from tree pruning, removals, or stump grinding is distributed and used for wood chips
• The Parks & Recreation Department sends loads to the community gardens
• Usable wood is sent to local mill (at the end of Prado) for conversion into furniture or lumber product
° Usable logs from 20-200 dead, dying, or storm damaged trees are given to the local mill or Central Coast Woodturners of California annually
• Excess green waste is advertised for Woodchip and Firewood Giveaway
° 120 yards of woodchips and about 5 cords of firewood are given away to citizens annually
• None is sent to the landfill
PKS 5 Public Outreach and Education
Ongoing PKS 5.1 Continue tree planting and maintenance education programs such as
Arbor Day and Downtown Foresters.
• The City continues to host the Annual Arbor Day Celebration, which is now held in the fall to provide less harsh weather conditions for the newly planted trees
° Attendees are invited to plant trees
° Students learn about urban ecology
° City staff is expected to attend to help plant trees and educate attendees on plant techniques
• The City Arborist reports to the Public Works Department on trees in the Downtown Area and is head of the Downtown Foresters volunteer program, in which the City Arborist trains volunteers to plant, prune, water and fertilize plants to maintain the urban ecology Recommendation: The City should monitor the attendance of these tree planting and maintenance education programs.
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Ongoing PKS 5.2 Partner with regional organizations to create volunteer opportunities
for trail work, habitat restoration and open space maintenance.
• The City partners with several regional organizations, including Environmental Center San Luis Obispo (ECOSLO), Central Coast Concerned Mountain Bikers (CCCMB), CivicSpark, Central Coast Grown, and Leadership SLO
° ECOSLO: The City collaborates with ECOSLO to create a program called SLO Stewards, which heads docent-led hikes and performs trail maintenance twice a month, each time with 10 to 20 volunteers
° CCCMB: The organization builds trails with City Rangers every Wednesday with about 10 volunteers and a few Saturdays out of the year, usually with 100 volunteers
° CivicSpark: The program led about 10 volunteers to do trail maintenance in the Cerro San Luis Nature Reserve
° Central Coast Grown: The City owns City Farm property on the Calle Joaquin Agricultural Preserve and has a 20 year lease with this group so they can do maintenance and farm sustainably everyday
° Leadership SLO: This is a program through the Chamber of Commerce that led a group of 40-50 volunteers on two different occasions to reestablish the historic Lemon Grove hiking loop at Cerro San Luis
Ongoing PKS 5.3 Advertise availability of composted green waste, wood chips and
firewood.
• As indicated under PKS 3.2, all excess green waste is advertised as available at the Woodchip and Firewood Giveaway
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Government Options (GO)
GO 1 City Energy Conservation
In Progress
and Ongoing
GO 1.1 Create and implement a City Building Retrofit Program.
• There is no single retrofit plan or program, but there are several City employees and departments enacting building retrofit
• The City’s building retrofit is ongoing through CIPs, light replacements, and energy audits
• An energy use inventory was done via CivicSpark to alert the City of buildings using high amounts of energy or where energy use is increasing
° The preliminary report created via CivicSpark shall be used by the City to target specific sites for future CIPs
• The City also partners with the County, SoCal Gas Company, and PG&E to work to improve energy efficiency throughout the city
• The City recently received a proposal from ZeroCity, LLC (a company dedicated to helping municipalities, school districts, and universities reach zero net greenhouse gas emissions) to help identify, fund, and implement energy use reduction projects
° The legal team is currently researching the legality of ZeroCity’s special funding approach Recommendation: The City should monitor all building retrofits and include the number of buildings retrofitted as well as the amount of energy saved in the CAP annual report.
GO 9 Employee Commute
Ongoing GO 9.1 Continue to reduce single-occupant employee commuting through trip
reduction incentives.
• The Public Works Department currently encourages businesses to have (or to work with the City to create) a Trip Reduction Plan with trip reduction incentives
• The City also has a Trip Reduction Plan for all City employees
• SLO Regional Rideshare started the Back ‘N’ Forth Club program that includes
° A Commute Survey and Trip Reduction Plan tailored to each business involved
° Other ridesharing tools and incentives for the business’s employees
Recommendation: The City should monitor trip reduction rates with the
Commute Surveys distributed by Rideshare’s Back ‘N’ Forth Club program and
include this data in the CAP annual report.
GO 10 Sustainability Coordinator
No Progress GO 10.1 Allocate or hire staff to implement CAP and energy programs. Recommendation: See Local Government Operations (#9) on page 23
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GO 11 Public Outreach and Education
No Progress GO 11.1 Publish information on the City’s climate action planning website
about successful programs aimed at reducing GHG emissions. Recommendation: See Recommendation BLD 3.2
No Progress GO 11.2 Participate in Earth Day activities, the County’s Energy-Efficiency
Month, and other regional events to educate the community about City climate
action planning. Recommendation: Funding should be provided for participation in Earth Day activities, the County’s Energy-Efficiency Month, and/or other regional events for public outreach and education on City climate action planning.
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General Recommendations
CAP Amendments
1. Revise the responsible departments assigned to GHG reduction strategies
2. Create a list of implementation measures to be completed by each department
separately so they know what goals to focus on
3. Exclude unrealistic or irrelevant GHG reduction implementation measures
4. Update the language used to differentiate between strategies for municipal
buildings or actions only or community wide
5. List existing policies and potential funding sources for implementation
6. Show calculations or short descriptions of what was included in calculations for
GHG reduction goals
7. Start out with easier tasks so employees feel more empowered to take on future,
more challenging tasks
8. All implementation measures for the near term GHG reduction strategies that
have not been started by August 2017 should be included with the
implementation measures for the mid-term GHG reduction strategies.
Local Government Operations
9. Create a “Green Team” to implement the CAP
● Comprised of representatives from each department and should include
individuals with expertise in environmental policy, transportation, energy
efficiency, planning, and public outreach, for efficient City involvement in
CAP objectives
● Communicate and coordinate with the City departments involved in CAP
implementation to monitor implementation actions
● Provide annual progress reports
● Develop CAP updates and amendments
● Update the CAP website (slocool.org) and tie it to the City website
(slocity.org)
● Advertise CAP objectives through outreach (i.e. informational booth at the
farmers’ market, with flyers at City Hall and local businesses, etc.)
10. More extensive monitoring should be done for all CAP strategies in order to know
what progress has been made and what still needs to be done
11. Organize a Green Team presentation on CAP objectives for new employees
during Day of Welcome
12. Coordinate with PACE to create outreach events and marketing of CAP
implementation actions
Community Involvement
13. Develop a San Luis Obispo Climate Action Coalition to involve the community in
learning about and participating in climate action efforts
14. Allow credit card acceptance at all downtown public parking structures
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Acknowledgements
Xzandrea Fowler, Community Development
Doug Davidson, Community Development
Brian Leveille, Community Development
Mark Sadowski, Community Development
Rebecca Gershow, Community Development
Jenny Wiseman, Community Development
Steven Orozco, Community Development
Kyle Van Leeuwen, Community Development
Andrew Collins, Public Works
Alex Fuchs, Public Works
Daryl Grigsby, Public Works
Barbara Lynch, Public Works
Jennifer Rice, Public Works
Adam Fukushima, Public Works
Mychal Boerman, Public Utilities
Judy Buonaguidi, Public Utilities
Pam Ouellette, Public Utilities
Robert Hill, Administration
Katelynn Webster, CivicSpark
Melissa Guise, Air Pollution Control District
Jesse Carpentier, Cal Poly MCRP Program
List of Acronyms
APCD…………………………………………………………………………...Air Pollution Control District
BMR……………………………………………………………………………………………Below Market Rate
CAP……………………………………………………………………………………………Climate Action Plan
CAV……………………………………………………………………………………………….Clean Air Vehicle
CIP……………………………………………………………………………..Capital Improvement Projects
EIR…………………………………..…...…………………………………..Environmental Impact Report
EV……………………………………………………………………………………………………Electric Vehicle
GHG……………………………………………………………………………………………….Greenhouse Gas
PACE……………………………………………………….Professional Association of City Employees
SDU………………………………………………………………………………………….Single Dwelling Unit
SFR……………………………………………………………………………………..Single Family Residence
SLOCOG……………………………………………………..San Luis Obispo Council of Governments
VMT………………………………………………………………………………………Vehicle Miles Traveled
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Appendix A
San Luis Obispo Municipal Code Sections
Title 17 Zoning
Chapter 87 Water Efficiency Landscape Standards
Section 040 Implementation Procedures
A. Development Review. For projects that require development review (tentative parcel
map, tentative tract, development plan or conditional use permit), project applicants
shall submit the following documentation:
1. A completed maximum applied water allowance for the conceptual landscape
design.
2. A conceptual landscape design plan which demonstrates that the landscape will
meet the landscape design specifications of the city engineering standards uniform
design criteria for landscaping and irrigation.
3. A conceptual irrigation design plan which notes the irrigation methods and
design actions that will be employed to meet the irrigation specifications of the city
engineering standards uniform design criteria for landscaping and irrigation.
4. A grading plan which demonstrates the landscape will meet the specifications of
the city engineering standards uniform design criteria for landscaping and
irrigation.
B. Building Application. Prior to the issuance of a building permit, project applicants
shall submit the following:
1. A completed maximum applied water allowance form (appendices, city
engineering standards) based on the final landscape design plan.
2. A final landscape design plan that includes all the criteria required in the city
engineering standards uniform design criteria for landscaping and irrigation.
3. A final irrigation plan that includes all the criteria required in the city engineering
standards uniform design criteria for landscaping and irrigation.
4. A soils management report that includes at a minimum the criteria required in
the city engineering standards uniform design criteria for landscaping and
irrigation.
5. A final grading plan that includes all the criteria required in the city engineering
standards uniform design criteria for landscaping and irrigation.
6. A hydrozone table (appendices, city engineering standards).
C. Project Completion. Upon completion of the installation of the landscape and
irrigation system and prior to the issuance of the certificate of occupancy, the project
applicant shall submit the following:
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1. A certification of completion (appendices, city engineering standards) signed by
the professional of record for the landscape and irrigation design certifying that the
project was installed per the city-approved landscape design, irrigation and grading
plans and meets or exceeds an average landscape irrigation efficiency of 0.71. The
city reserves the right to inspect and audit any irrigation system which has received
an approval through the provisions of this chapter.
2. A project applicant shall develop and provide to the owner or owner
representative and the city an irrigation schedule that assists in the water
management of the project and utilizes the minimum amount of water required to
maintain plant health. Irrigation schedules shall meet the criteria in the city
engineering standards uniform design criteria for landscaping and irrigation.
3. A regular maintenance schedule shall be submitted by the project applicant with
the certificate of completion that includes: routine inspections, adjustment and
repairs to the irrigation system, aerating and dethatching turf areas, replenishing
mulch, fertilizing, pruning and weeding. The maintenance schedule will be provided
to the owner or owner representative. (Ord. 1547 § 2 (part), 2010)
Title 13 Public Services
Chapter 07 Water Conservation
Section 010 Substandard water fixtures prohibited.
No person shall cause or allow any water received by such person from the city water
system to be wasted due to substandard, leaky or faulty water fixtures or water-using or
distributing devices. (Ord. 1089 § 1 (part), 1987)
Section 020 Water runoff prohibited.
A. No person shall cause any water delivered by the city water system to flow away from
property owned, occupied or controlled by such person in any gutter, ditch or in any
other manner over the surface of the ground, so as to constitute water waste runoff.
B. “Water waste runoff” means water flowing away from property and which is caused
by excessive application(s) of water beyond reasonable or practical flow rates, water
volumes or duration of application. (Ord. 1089 § 1 (part), 1987)
Chapter 24 Recycled Water Service
Section 010 Statement of policy.
When in the judgment of the city, reclaimed water service can be feasibly provided to a
particular parcel for particular uses, the utilities director shall require the use of
reclaimed water in lieu of potable water for those uses. As used herein, the term
“feasible” means reclaimed water is available for delivery to the property in compliance
with all applicable federal, state, and local laws, ordinances and regulations and such
reclaimed water can be delivered to the property at an overall cost to the user which
does not exceed the overall cost of potable water service. (Ord. 1403 § 1, 2001)
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Appendix B
San Luis Obispo General Plan Element Policies and Programs
Chapter 1 Land Use
Goal 1 Growth Management
Policy 5 Jobs/Housing Relationship
The gap between housing demand (due to more jobs and college enrollment) and supply
should not increase.
Chapter 3 Housing
Goal 6 Housing Production
Policy 2
New commercial developments in the Downtown Core (C-D Sone) shall include
housing, unless the City makes one of the following findings:
A) Housing is likely to jeopardize the health, safety or welfare of residents or
employees; or
B) The property’s shape, size, topography, or other physical factor makes
construction of new dwellings infeasible.
Policy 8
Consistent with the City’s goal to stimulate higher density infill where appropriate in the
Downtown Core (C-D Zone), the City shall consider changes to the Zoning Regulations
that would allow for the development of smaller apartments and efficiency units.
Program 29
Continue to pursue incentives to encourage development of Secondary Dwelling Units
(SDUs). Possible incentives to include SDU design templates, flexible development
standards, fee reductions or deferrals, or other measures to encourage the construction
of SDUs where allowed by zoning.
Goal 10 Local Preference
Policy 1
Administer City housing programs and benefits, such as First Time Homebuyer
Assistance or affordable housing lotteries, to give preference to: 1) persons living or
working in the City or within the City’s Urban Reserve, and 2) persons living in San Luis
Obispo County
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Policy 2
Cal Poly State University and Cuesta College should actively work with the City and
community organizations to create positive environment around the Cal Poly Campus
by:
A) Establishing standards for appropriate student densities in neighborhoods
near campus;
B) Promoting homeownership for academic faculty and staff in Low-Density
Residential neighborhoods in the northern part of the City; and
C) Encouraging and participating in the revitalization of degraded
neighborhoods.
Program 3
Continue to work with the County of San Luis Obispo for any land use decisions that
create significant expansion of employment in the unincorporated areas adjacent to the
City to mitigate housing impacts on the City.
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Appendix C
Local GHG Reductions Matrix
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Appendix D
City Parking Structure Revenue
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Appendix E
City Parking Structure Occupancy Rates
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Appendix F
Water Utility Bill
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Appendix G
Water Fixture Retrofit Self-Certification Form
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Energy Baseline Report
August 2, 2016
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Contents I. Introduction ..................................................................................................................................................................... 1 II. Energy Use and Cost Analysis ................................................................................................................................... 1 III. Energy Use Intensity Analysis .................................................................................................................................. 6 IV. Next Steps in Municipal Energy Management Program ................................................................................ 8 V. Contact Information ..................................................................................................................................................... 8 VI. Portfolio Manager Login Credentials ..................................................................................................................... 8 Appendix A- Table of Property Information ................................................................................................................ 9 Appendix B - Definitions of Primary Function Types ............................................................................................. 10
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I. Introduction San Luis Obispo County’s Energy Watch 1 (Energy Watch) is a partnership between the County of San Luis Obispo, Pacific Gas and Electric Company (PG&E), Southern California Gas Company (SoCalGas), and participating cities and special districts. As part of a comprehensive program, Energy Watch provides information to local governments regarding energy use and costs in their facilities and infrastructure. This information is used to identify opportunities for energy and cost savings, to help participants finance and implement energy saving measures and projects, and to track building performance. This report was made possible by collaboration between CivicSpark and Energy Watch. CivicSpark is a governor’s initiative AmeriCorps program designed to help local governments build capacity. In the County of San Luis Obispo, CivicSpark’s mission is to provide support for the implementation of the Climate Action Plans for the seven incorporated Cities and County. The dual purpose of this report is to (1) analyze San Luis Obispo’s energy use and cost from June 2013 to May 2016 and to (2) serve as a baseline and guiding document for future energy efficiency efforts. San Luis Obispo authorized Energy Watch to collect utility data from PG&E and SoCalGas to produce this report. The Environmental Protection Agency’s Energy Star Portfolio Manager, a free online benchmarking tool, was used, in part, to track and monitor energy use and cost, as well as building performance in facilities over time.
II. Energy Use and Cost Analysis This report highlights 18 buildings and three types of utility infrastructure owned and operated by the City of San Luis Obispo. The energy analysis below describes the electricity and natural gas use and costs for each facility, the percent change between June 2013 and May 2016, and overall energy trend analysis. Tables 1.1 and 1.2 below include a detailed year by year breakdown of electricity and natural gas use and costs for all San Luis Obispo buildings and infrastructure types.
1 This program is funded by California utility customers and administered by PG&E and SoCalGas under the
auspices of the California Public Utilities Commission.
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Table 1.1 Electricity Usage and Cost, 2013 to 2016
Electricity
Cost ($)
Electricity
Usage (kWh)
Electricity
Cost ($)
Electricity
Usage (kWh)
Electricity
Cost ($)
Electricity
Usage (kWh)
836 Pacific Street Parking Garage 39,047.72$ 258660 44,632.11$ 275604 47,044.29$ 283307 17%9%
842 Palm Street Parking Structure 18,879.37$ 136847 20,219.28$ 135312 20,466.63$ 132716 8%-3%
871 Marsh Street Office and Parking Garage 21,475.90$ 144291 18,284.54$ 103777 18,325.58$ 95651 -17%-51%
919 Palm Parking Garage 23,187.85$ 153329 24,621.15$ 151848 25,485.73$ 154853 9%1%
City Hall 49,793.96$ 296246 52,461.53$ 287061 54,398.38$ 279226 8%-6%
City of San Luis Obispo Utilities Department 3,115.98$ 17436 4,406.28$ 22289 5,124.43$ 24123 39%28%
Corporation Yard 44,850.97$ 275748 47,516.64$ 278315 48,282.75$ 270262 7%-2%
Fire Station #1 25,614.76$ 155099 29,986.83$ 166450 30,366.07$ 162046 16%4%
Fire Station #2 7,785.63$ 42104 7,906.90$ 41262 9,579.11$ 45368 19%7%
Fire Station #3 7,558.63$ 40661 7,937.65$ 41009 8,552.46$ 40249 12%-1%
Fire Station #4 6,190.98$ 33487 6,824.90$ 35287 7,288.38$ 34276 15%2%
Ludwick Community Center 8,470.70$ 39053 7,209.64$ 36755 6,871.85$ 32492 -23%-20%
Parks and Recreation Department Offices 8,650.54$ 45520 8,984.38$ 44320 8,487.45$ 38429 -2%-18%
Police Department Building 59,412.91$ 344392 51,829.87$ 285541 45,685.88$ 245472 -30%-40%
Public Works and Community Development Offices 38,815.68$ 213480 38,965.67$ 197640 40,202.06$ 206636 3%-3%
Safety Dispatch Center 49,677.37$ 368946 53,698.03$ 381307 54,858.08$ 367054 9%-1%
Senior Citizens Center 6,151.52$ 27652 6,824.05$ 30156 7,021.44$ 30125 12%8%
Sinsheimer Park 34,534.24$ 209795 13,431.26$ 15486 25,166.58$ 109398 -37%-92%
Buildings Total 453,214.71$ 2802746 445,740.71$ 2529419 463,207.15$ 2551683 2%-10%
WWTP/WRRF Main Operations 549,612.55$ 4498218 591,134.56$ 4524723 523,594.67$ 3818560 -5%-18%
WWTP/WRRF Recycled Water System 46,706.52$ 247506 50,448.05$ 249637 56,852.32$ 270451 18%8%
Waste Water Total 596,319.07$ 4745724 641,582.61$ 4774360 580,446.99$ 4089011 -3%-16%
Water Treatment Plant 303,754.27$ 2097600 326,650.82$ 2059200 311,232.87$ 1885200 2%-11%
All Facilities Total 1,353,288.05$ 9646070 1,413,974.14$ 9362979 1,354,887.01$ 8525894 0%-13%
Building
Utility Infrastructure Waste Water
Utility Infrastructure Fresh Water
Electricity Usage
(kWh) % Change
June '13 -
May '16
Facility Name
June '13 - May '14 June '14 - May '15 June '15 - May '16 Electricity Cost
($) % Change
June '13 -
May '16
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Table 1.2 Natural Gas Usage and Cost, 2013 to 2016
Energy usage throughout the next section of the report is expressed in British Thermal Units (BTUs) – a standard unit for energy use. Energy usage of any kind can be expressed in BTUs, including electricity and natural gas, making it an effective metric to show total energy usage. The energy usage in the tables above have been converted into kBTUs in the graphs below using the standard conversion of 1 kWh = 3.412 kBTUs and 1 Therm = 100 kBTUs. For the purpose of this baseline report and to help determine potential opportunities for future energy and cost savings, threshold criteria were developed to help identify facilities for further analysis. These criteria, highlighted below, emphasize facilities with energy use that is high and increased over the analysis period. Please note there are other facilities with significant energy use and cost that should be considered for future assessment.
Facilities highlighted in this report have EITHER electrical consumption greater than 20,000 kWh (68,240 kBTUs) annually OR gas use greater
than 1,000 therms (100,000 kBTUs) annually, AND experienced BOTH an increase in energy use greater than 3% and an increase in energy
cost greater than $500 between 2013 and 2016.
Natural Gas
Cost ($)
Natural Gas
Usage (Therm)
Natural Gas
Cost ($)
Natural Gas
Usage (Therm)
Natural Gas
Cost ($)
Natural Gas
Usage (Therm)
City Hall 3,959.95$ 3907 3,224.17$ 3159 3,414.63$ 3728 -16%-5%
City of San Luis Obispo Utilities Department 694.42$ 484 549.51$ 370 539.04$ 384 -29%-26%
Fire Station #1 2,759.01$ 2642 2,023.52$ 1945 2,023.52$ 1945 -36%-36%
Fire Station #2 1,153.87$ 940 859.06$ 682 971.20$ 860 -19%-9%
Fire Station #3 1,610.51$ 1381 1,200.08$ 1024 1,519.86$ 1495 -6%8%
Fire Station #4 1,185.66$ 994 708.67$ 524 974.13$ 858 -22%-16%
Ludwick Community Center 1,079.57$ 872 770.99$ 600 1,057.08$ 936 -2%7%
Parks and Recreation Department Offices 639.79$ 445 559.28$ 383 653.88$ 505 2%12%
Police Department Building 6,913.41$ 7643 4,525.19$ 4741 4,238.03$ 4796 -63%-59%
Public Works and Community Development Offices 272.94$ 78 266.08$ 72 253.80$ 66 -8%-18%
Senior Citizens Center 1,191.65$ 980 997.33$ 818 1,078.51$ 957 -10%-2%
Sinsheimer Park 73,296.94$ 104235 88,219.62$ 136534 47,647.96$ 76984 -54%-35%
Buildings Total 94,757.72$ 124601 103,903.50$ 150852 64,371.64$ 93514 -47%-33%
WWTP/WRRF Main Operations 24,532.32$ 30264 21,623.59$ 27036 13,660.50$ 18528 -80%-63%
All Facilities Total 119,290.04$ 154865 125,527.09$ 177888 78,032.14$ 112042 -53%-38%
Utility Infrastructure Waste Water
Building
Facility Name
June '13 - May '14 June '14 - May '15 June '15 - May '16 Natural Gas Cost
($) % Change
June '13 - May
'16
Natural Gas
Usage (Therm) %
Change
June '13 - May
'16
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Graphs 1.1 - 4 depict the total energy cost ($) over total energy use (kBTUs) for San Luis Obispo’s 4 facilities with the highest energy use and costs, in accordance with the above threshold.
Graph 1.1 836 Pacific Street Parking Garage Energy Cost and Use from June 2013 - May 2016
Graph 1.2 City of San Luis Utilities Department Combined Energy Cost and Use from June 2013 - May 2016
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JuneAugustOctoberDecemberFebruaryAprilJuneAugustOctoberDecemberFebruaryAprilJuneAugustOctoberDecemberFebruaryAprilJune '13-May '14 June '14 - May '15 June '15 - May '16 Total Energy Cost ($) Total Energy Usage (kBTUs) 836 Pacific Street Parking Garage
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Electricity Usage Natural Gas Usage Total Cost
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Graph 1.3 Fire Station No. 3 Combined Energy Cost and Use from June 2013 to May 2016
Graph 1.4 WWTP/WRRF Recycled Water System Energy Cost and Use from June 2013 to May 2016
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III. Energy Use Intensity Analysis Energy Use Intensity (EUI) is a unit of measurement that represents the energy consumed by a building relative to its size and property type. This is calculated by dividing the total amount of energy consumed (kBTU) by a building in one year by the building’s total floor area (square feet). The following analysis includes all of San Luis Obispo’s facilities that were eligible for calculating EUI. See Appendix B for property type definitions. High or low EUI values do not necessarily describe a facility’s energy efficiency. EUI numbers are relative and are compared to other similar facilities. For the purpose of this report, we have decided to compare the EUI of San Luis Obispo’s facilities to a national median of similar property types. Facilities with EUIs that are higher than the national median are considered less efficient, while facilities with EUIs lower than the national median are more efficient. These comparisons are portrayed below in Graph 2.1. Table 2.1 lists the EUI of San Luis Obispo’s facilities as calculated by the Portfolio Manager tool.
Table 2.1 Site EUI for 2013 to 2016
Facility Name Property Type
Gross
Floor
Area
(ft2)
Site EUI (kBTU/ft2) National
Median
Site EUI June '13
- May '14
June '14
- May '15
June '15
- May '16
Building City Hall Office 22971 61 56 58 52 City of San Luis Obispo Utilities Department Office 3810 28 30 32 59 Corporation Yard Other - Public Services 36000 26 26 26 39 Fire Station #1 Fire Station 20398 39 37 37 60 Fire Station #2 Fire Station 3000 79 70 80 63 Fire Station #3 Fire Station 3726 74 65 77 72 Fire Station #4 Fire Station 3130 68 55 65 64 Ludwick Community Center Social/Meeting Hall 15000 15 12 14 30 Parks and Recreation Department Offices Office 4200 48 45 43 56 Police Department Building Police Station 25152 77 58 52 64 Public Works and Community Development Offices Office 17000 43 40 42 63 Safety Dispatch Center Police Station 6044 208 215 207 49 Senior Citizens Center Social/Meeting Hall 5766 33 32 34 32 Sinsheimer Park Fitness Center/Health Club/Gym 8288 1344 1654 974 85
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Packet Pg. 95 Attachment: b - San Luis Obispo Energy Baseline Report (1480 : Climate Action Plan Implementation Update)
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Graph 2.1 depicts how the energy use intensity of San Luis Obispo facilities compares to a national median of facilities with the same property type. According to Portfolio Manager, the national median EUI is the recommended benchmark metric for all buildings. The median value is the middle of the national population – half of the buildings use more energy and the other half use less. A complete listing of all national median EUI values can be found at https://portfoliomanager.energystar.gov/pdf/reference/US%20National%20Median%20Table.pdf
Graph 2.1 Site EUI vs. National Median
*Sinsheimer Park has an EUI value of 979 kBTU/ft2, which exceeds the maximum value shown on the vertical axis of Graph 2.1.
979
0
20
40
60
80
100
120
140
160
180
200
220
Site EUI (kBTU/ft2) 2016 Site EUI vs. National Median Site EUI
Site EUI National Median Site EUI
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Packet Pg. 96 Attachment: b - San Luis Obispo Energy Baseline Report (1480 : Climate Action Plan Implementation Update)
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IV. Next Steps in Municipal Energy Management Program
Perform energy assessments on priority or all facilities
o Energy Watch will coordinate with the utilities and each of the 3rd party service providers conducting energy assessments to provide a single report identifying the best opportunities for energy and cost savings, as well as the information necessary for financing and moving forward with project implementation.
Implement Energy and Cost Saving Measures and Projects
o Energy Watch will help select, plan, and manage cost-effective energy saving projects. This includes leveraging technical and engineering resources, navigating rebate and incentive procurement, and securing no or low interest financing.
Monitor and measure facility and infrastructure performance and provide an annual Energy Baseline Report and Rate Analysis
o Energy Watch and CivicSpark will assist in the continual monitoring of energy use for your City and provide annual baseline reports and rate analyses to City staff.
V. Contact Information Jordan Garbayo jgarbayo@co.slo.ca.us Katie Webster kwebster@civicspark.lgc.org
VI. Portfolio Manager Login Credentials User Name: SanLuisObispoCity Password: EnergyWatch1 http://Portfoliomanager.energystar.gov Energy Watch staff is available to help train San Luis Obispo staff how to use Portfolio Manager as a means to easily track and measure energy use, costs, and performance over time.
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Packet Pg. 97 Attachment: b - San Luis Obispo Energy Baseline Report (1480 : Climate Action Plan Implementation Update)
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Appendix A - Table of Property Information
Facility Name Address SAID # (PG&E) BAID # (SCG)Meter # (SCG)
Property
Floor Area
(ft^2)
Total Energy Cost
($)
June ’13 - May ‘14
Total Energy Cost
($)
June ’14 - May ‘15
Total Energy Cost
($)
June ’15 - May ‘16
Total Energy Usage
(kBTU)
June ’13 - May ‘14
Total Energy Usage
(kBTU)
June ’14 - May ‘15
Total Energy Usage
(kBTU)
June ’15 - May ‘16
836 Pacific Street Parking Garage 836 Pacific Street 7212993421 1350 $ 39,047.72 $ 44,632.11 $ 47,044.29 882548 940361 966643
842 Palm Street Parking Structure 842 Palm Street 7212993880 92212 $ 18,879.37 $ 20,219.28 $ 20,466.63 466922 461685 452827
871 Marsh Street Office and Parking Garage 871 Marsh Street 7212993138 104862 $ 21,475.90 $ 18,284.54 $ 18,325.58 492321 354087 326361
919 Palm Parking Garage 919 Palm Street 7212993548 86000 $ 23,187.85 $ 24,621.15 $ 25,485.73 523159 518105 528358
2473387193 $ 49,793.96 $ 52,461.53 $ 54,398.38 1010791 979452 952719
969151300 13235835 $ 3,959.95 $ 3,224.17 $ 3,414.63 390700 315900 372800
5519318748 $ 3,115.98 $ 4,406.28 $ 5,124.43 59492 76050 82308
1494151193 3608214 $ 694.42 $ 549.51 $ 539.04 48400 37000 38400
0978936811 $ 1,056.67 $ 1,314.77 $ 703.69 14344 17022 6851
2473387022 43,794.30$ 46,201.87$ 47,579.06$ 926508 932588 915283
965296595 $ 25,614.76 $ 29,986.83 $ 30,366.07 530594 569425 554359
1221152027 13264921 $ 2,759.01 $ 2,023.52 $ 2,023.52 264200 194500 194500
965296872 $ 7,785.63 $ 7,906.90 $ 9,579.11 144038 141157 155204
1442169800 10280293 $ 1,153.87 $ 859.06 $ 971.20 94000 68200 86000
965296588 $ 7,558.63 $ 7,937.65 $ 8,552.46 139101 140292 137692
90152900 6434889 $ 1,610.51 $ 1,200.08 $ 1,519.86 138100 102400 149500
965296943 $ 6,190.98 $ 6,824.90 $ 7,288.38 114559 120717 117258
1409149100 13234391 $ 1,185.66 $ 708.67 $ 974.13 99400 52400 85800
2473387325 $ 8,470.70 $ 7,209.64 $ 6,871.85 133600 125739 111155
976157300 13473354 $ 1,079.57 $ 770.99 $ 1,057.08 87200 60000 93600
5845533555 $ 8,650.54 $ 8,984.38 $ 8,487.45 155724 151619 131466
1746150427 12743068 $ 639.79 $ 559.28 $ 653.88 44500 38300 50500
1152896225 $ 59,412.91 $ 51,829.87 $ 45,685.88 1178165 976836 839760
1389151200 13617407 $ 6,913.41 $ 4,525.19 $ 4,238.03 764300 474100 479600
5845533756 $ 38,815.68 $ 38,965.67 $ 40,202.06 730315 676126 706902
1200616737 12172910 $ 272.94 $ 266.08 $ 253.80 7800 7200 6600
Safety Dispatch Center 1135 Roundhouse Ave 1152896248 6044 $ 49,677.37 $ 53,698.03 $ 54,858.08 1258844 1301019 1252388
2473387050 $ 6,151.52 $ 6,824.05 $ 7,021.44 94597 103164 103058
1143161600 3021736 $ 1,191.65 $ 997.33 $ 1,078.51 98000 81800 95700
5845533948 $ 34,534.24 $ 13,431.26 $ 25,166.58 717709 52978 374251
1959152600 11122666 $ 73,296.94 $ 88,219.62 $ 47,647.96 10423500 13653400 7698400
Buildings Total $ 547,972.43 $ 549,644.21 $ 527,578.79 22033431 23723623 18066243
5845533029 $ 549,612.55 $ 591,134.56 $ 523,594.67 15388404 15479077 13063294
317150100 14988716 $ 24,532.32 $ 21,623.59 $ 13,660.50 3026400 2703600 1852800
WWTP/WRRF Recycled Water System 35 Prado Road 6348223153 8508 $ 46,706.52 $ 50,448.05 $ 56,852.32 844490 851761 922779
Waste Water Total $ 620,851.39 $ 663,206.20 $ 594,107.49 19259294 19034439 15838873
Water Treatment Plant Stenner Creek Road 5845533075 8508 $ 303,754.27 $ 326,650.82 $ 311,232.87 7157011 7025990 6432302
All Facilities Total 1,472,578.09$ 1,539,501.23$ 1,432,919.15$ 48449736 49784052 40337418
35 Prado Road
900 Southwood Drive
1445 Santa Rosa Road
25152
17000
5766
8288
14492
3000
3726
3130
15000
4200
Utility Infrastructure Fresh Water
City Hall
City of San Luis Obispo Utilities Department
Fire Station #1
Fire Station #2
Fire Station #3
Fire Station #4
Ludwick Community Center
Parks and Recreation Department Offices
Police Department Building
Public Works and Community Development Offfices
Senior Citizens Center
1395 Madonna Road
864 Santa Rosa Street
1341 Nipomo Street
1042 Walnut Street
Sinsheimer Park
WWTP/WRRF Main Operations
136 N. Chorro Street
1280 Laurel Lane
Building
Utilty Infrastructure Waste Water
919 Palm St #1
Corporation Yard 25 Prado Rd
990 Palm Street
879 Morro St
2160 Santa Barbara Street
22971
3810
36000
20398
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Packet Pg. 98 Attachment: b - San Luis Obispo Energy Baseline Report (1480 : Climate Action Plan Implementation
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Appendix B - Definitions of Primary Function Types Primary Function Definition Office Office refers to buildings used for the conduct of commercial or governmental business activities. This includes administrative and professional offices. Non-Refrigerated Warehouse Non-Refrigerated Warehouse refers to unrefrigerated buildings that are used to store goods, manufactured products, merchandise or raw materials. Fire Station Fire Station refers to buildings used to provide emergency response services associated with fires. Fire stations may be staffed by either volunteer or full-time paid firemen. Library Library refers to buildings used to store and manage collections of literary and artistic materials such as books, periodicals, newspapers, films, etc. that can be used for reference or lending. Police Station Police Station applies to buildings used for federal, state, or local police forces and their associated office space. Social/Meeting Hall Social/Meeting hall refers to buildings primarily used for public or private gatherings. This may include community group meetings, seminars, workshops, or performances. Please note that there is another property use available, Convention Center, for large exhibition and conference facilities. Swimming Pool Swimming Pool refers to any heated swimming pools located either inside or outside. To enter a swimming pool, a specific pool size must be selected. In order to enter buildings associated with a Swimming Pool, the main property use must be entered (e.g., K-12 School, Hotel, Fitness Center/Health Club/Gym, etc.). Wastewater Treatment Plant Wastewater Treatment Plant refers to facilities designed to treat municipal wastewater. The level of treatment at a plant will vary based on the BOD limits and the specific processes involved. This property use is intended for primary, secondary, and advanced treatment facilities with or without nutrient removal. Treatment processes may include biological, chemical, and physical treatment. This property use does not apply to drinking water treatment and distribution facilities. Other - Public Services Other – Public Services refers to buildings used by public-sector organizations to provide public services other than those described in the available property uses in Portfolio Manager (i.e. services other than offices, courthouses, drinking water treatment and distribution plants, fire stations, libraries, mailing centers or post offices, police stations, prisons or incarceration facilities, social or meeting halls, transportation terminals or stations, or wastewater treatment plants). Drinking Water Treatment & Distribution Drinking Water Treatment and Distribution refers to facilities designed to pump and distribute drinking water through a network of pipes. Depending on the water source (groundwater, surface water, purchased water), a water utility may or may not contain a treatment process. This property use applies to any/all water sources and any/all levels of treatment. Courthouse Courthouse refers to buildings used for federal, state, or local courts, and associated administrative office space.
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Packet Pg. 99 Attachment: b - San Luis Obispo Energy Baseline Report (1480 : Climate Action Plan Implementation Update)
Meeting Date: 10/18/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jake Hudson, Transportation Manager
Luke Schwartz, Transportation Planner-Engineer
SUBJECT: 2015 TRAFFIC SAFETY REPORT AND RESOLUTION ENDORSING
VISION ZERO
RECOMMENDATION
1. Receive the 2015 Traffic Safety Report and approve the recommended traffic safety
measures; and
2. Adopt a Resolution establishing the Vision Zero philosophy as City Policy and establishing a
goal of eliminating traffic deaths and serious injuries on City streets by 2030.
REPORT-IN-BRIEF
The Public Works and Police Departments are pleased to present the 15th edition of the City of
San Luis Obispo Traffic Safety Report (TSR). The annual TSR documents the activities and
performance of the City’s Traffic Safety Program, identifies high collision locations within the
City and recommends mitigation improvements to address safety issues where appropriate. For
calendar year 2015, total reported collisions were the lowest on record since the inception of the
program. Staff recommends that the Council receive the 2015 TSR and approve the
recommended mitigation measures to improve traffic safety.
In addition, staff recommends adoption of a resolution establishing the Vision Zero philosophy
as City Policy, creating a goal of eliminating traffic deaths and serious injuries Citywide by
2030. Vision Zero is a traffic safety initiative, adopted by many Cities around the world, with the
message that no loss of life or serious injury on the transportation system is acceptable. By
endorsing Vision Zero, the City affirms its longstanding commitment to traffic safety and clearly
articulates a measurable objective for continuing traffic safety and enforcement efforts.
DISCUSSION
Background
The Annual Traffic Safety Program (“Program”) began in 2001 to identify high collision
locations within the City and actively pursue mitigation measures at those locations. Now in its
15th year, the program has demonstrated continued effectiveness and lasting outcomes. Despite
increases in traffic volumes in many areas, total collisions in 2015 were the lowest on record,
down approximately 3% (down 17 collisions) from the previous year and 58% (down 725
collisions) since the Program began.
Total injury collisions increased 9% (up 19 collisions) in 2015, while serious injury collisions—
those resulting in severe injury or death—actually decreased by one collision. Since inception of
the program, total injury collisions are down 29% (down 89 collisions) and serious injury
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collisions are down 43% (down 6 collisions). Pedestrian collisions decreased by one in 2015,
following a relatively static trend since 2008. Bicycle collisions have declined by 23% (down 17
collisions) from peak levels in 2009. 2015 totals, however, are up 12% (up 6 collisions) from the
previous year.
2015 Traffic Safety Report Overview
The 2015 Traffic Safety Report has been updated in a new format that includes more intuitive
graphics and mapping as well as figures. The document has been modified to reflect an easier
print style for the casual reader and to better describe areas of interest.
The document reviews all intersections and street segments in the City for calendar year 2015
and identifies patterns and collisions rates. This information enables staff to prioritize work
efforts and inform policy makers and the community. Based on these patterns, recommendations
are made for the highest collision locations of each intersection and street segment by
classification. Staff develops specific actions and improvements at each location, or,
recommends continued monitoring if no prevalent pattern can be identified. The collision data
and corresponding analysis was compiled and completed by the Public Works and Police
Departments in the summer of 2015. It typically takes up to six months after the end of the year
for all collision reports from the previous year to be received and analyzed. Many times late
collision reports are filed by private parties and extended investigation periods are needed before
collision reports are finalized.
The TSR identifies patterns for the highest-rate collision locations of similar street classifications
and then are separated for the following transportation modes: Automobiles, Bicycles, and
Pedestrians. These locations are narrowed down and the top five locations are analyzed to
identify possible mitigation strategies to address safety issues. For example, all arterial segments
are compared to each other to establish the highest rate locations and thereby establish the
priority order for mitigation or safety improvemen ts. In order to determine if corrective measures
could reduce the likelihood of a collision type identified in the pattern, a comprehensive review
of each location is conducted. This review includes a survey of the field conditions and travel
behavior.
There were 27 total high ranking locations in the 2015 TSR where safety improvement projects
are identified. These locations are listed in Table 1 below:
Table 1 Safety Improvement Projects – All Recommended Projects
No. Location Project
1 Higuera & Broad Implement Leading Pedestrian Crossing Interval1
2 Chorro & Monterey Implement Leading Pedestrian Crossing Interval
3 Marsh & Chorro Implement Leading Pedestrian Crossing Interval
4 California & US 101 NB Ramps Upgrade warning signs
1 A Leading Pedestrian Interval (LPI) typically gives pedestrians a 3 -7 second head start when entering an
intersection prior to the vehicular green signal. LPIs enhance the visibility of pedestrians and reinforce their right -of-
way over turning vehicles. LPIs have been shown to reduce pedestrian -vehicle collisions at signalized intersections
by as much as 60%.
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No. Location Project
5 Chorro & Higuera Relocate pedestrian signal heads
6 Broad & High Investigate parking restrictions and curb extension, or
potential turn restrictions
7 Foothill & Broad Investigate Flashing Yellow Arrows
8 Foothill & Chorro Upgrade 8” to 12” signal indications
Investigate Flashing Yellow Arrows
9 Grand & Loomis Investigate parking restrictions and curb extensions
10 Mill & Osos Refresh stop bar and “STOP” pavement legend
11 Chorro & Peach Pursue relocation of utility pole. Investigate potential
speed reduction treatments and possible turn restrictions.
12 Santa Rosa & Walnut Green Bike Lanes
13 Santa Rosa & Olive Green Bike Lanes
14 Monterey & Santa Rosa Leading Pedestrian Crossing Interval
Install Flashing Yellow Arrows
15 California & Monterey Green Bike Lanes
16 Foothill & Broad Upgrade traffic signal indications
17 Monterey & Osos Reconstruct Traffic Signal
18 Marsh & Garden Reconfigure Garden Street between Marsh and Higuera
19 Chorro & Mill Striping modifications
20 Higuera, 500-700 Block Reconfigure parking stalls to comply with current City
Standards
21 California & Taft Reconstruct as roundabout
22 Grand & Loomis Investigate parking restrictions and/or curb extensions
23 Laurel & Southwood Implement lane reduction, or “road diet” along Laurel Lane
between Johnson and Orcutt.
24 Marsh & Broad Upgrade traffic signal to add poles with mast arm
indications.
25 California & Monterey Investigate installation of radar speed feedback signs
26 California & Palm Install green bike lanes and warning signs
27 California, 200-500 Block Investigate potential parking removal to provide center
turn lane
Of the 27 high ranking locations listed above, there were nine (9) high ranking locations where
safety projects were already underway or recently completed as a result of being prioritized in
prior safety reports and capital programs. These locations are listed in Table 2 below:
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Table 2: Safety Improvement Projects – Funded and Underway or Completed
No. Location Project Status
1 Santa Rosa & Walnut Green Bike Lanes Initial installation in 2015. To
be refreshed in fall of 2016
2 Santa Rosa & Olive Green Bike Lanes Initial installation in 2015. To
be refreshed in fall of 2016
3 Monterey & Santa
Rosa
Leading Pedestrian Crossing Interval
Install Flashing Yellow Arrows
Complete
Construction fall 2016
4 California & Monterey Green Bike Lanes To be refreshed in fall of
2016
5 Foothill & Broad Upgrade traffic signal indications Complete
6 Monterey & Osos Reconstruct Traffic Signal In Design
7 Marsh & Garden Reconfigure Garden Street between
Marsh and Higuera
To be implemented as part of
development project
8 Chorro & Mill Striping modifications Complete
9 Higuera, 500-700 Block Reconfigure parking stalls to comply
with current City Standards
Complete
Of the 27 high ranking locations listed in Table 1, there were 10 locations where new safety
projects are recommended that can be reasonably funded under the current traffic safety
allocation. These locations are listed in Table 3 below.
Table 3: Safety Improvement Projects – New Projects Feasible Under Current Safety
Funding Allocation
No. Location Project
1 Higuera & Broad Implement Leading Pedestrian Crossing Interval
2 Chorro & Monterey Implement Leading Pedestrian Crossing Interval
3 Marsh & Chorro Implement Leading Pedestrian Crossing Interval
4 California & US 101 NB Ramps Upgrade warning signs
5 Chorro & Higuera Relocate pedestrian signal heads
6 Broad & High Investigate parking restrictions and curb extension, or
potential turn restrictions
7 Foothill & Broad Investigate Flashing Yellow Arrows
8 Foothill & Chorro Upgrade 8” to 12” signal indications
Investigate Flashing Yellow Arrows
9 Mill & Osos Refresh stop bar and “STOP” pavement legend
10 Chorro & Peach Pursue relocation of utility pole. Investigate potential speed
reduction treatments and possible turn restrictions.
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Unfunded or Partially Funded Safety Projects
In 2015, there were seven (7) high collision rate locations with recommended mitigation that
cannot be funded under the current traffic safety allocation. These locations are described below.
1. California and Taft
The intersection of California and Taft continues to be identified as a high collision rate location
with roundabout control as the recommended mitigation. The total project cost is estimated at
approximately $1,512,000. $297,000 was allocated to the design and environmental work,
$97,000 of which is Cal Poly’s fair share from impacts as a result of their housing south project.
A remaining $1,215,000 project cost is currently unfunded; however, staff will continue to
pursue local capital funding, grant funding and assess incorporation of the project into the
transportation impact fee program.
2. Grand and Loomis
This intersection has been identified for improvements to increase visibility for vehicles at the
westbound approach through parking restrictions and/or curb extensions. The cost of these
improvements is estimated at $20,000. Staff will pursue local capital funding opportunities.
3. Laurel Lane Reconfiguration
Laurel Lane has been recommended for a lane reduction, or “road diet” project. This would
reduce the number of travel lanes to rededicate width for other features, such as enhanced bike
lanes, on-street parking, shortened pedestrian crossings, landscaping/streetscape elements, and
potential intersection traffic control enhancements. Striping improvements can be incorporated
into a future roadway resurfacing project planned for this corridor (Laurel Lane is within the
pavement management zone scheduled for 2018 repairs). Other components would need to be
funded through other sources. The cost for the improvements that would be funded outside of the
pavement management program is estimated at approximately $70,000 to $100,000. Staff will
pursue grant funding, updates to impact fee programs and local capital funding for these
improvements.
4. Marsh and Broad
This intersection has been identified for improvements to enhance the visibility of traffic signal
indications for all street approaches. The cost of these improvements is estimated at $175,000.
Staff will pursue grant funding, updates to impact fee programs and local capital funding as part
of the FY 2017-19 plan. Pedestrian signal heads will be installed as part of the Garden Street
project.
5. California and Monterey
This intersection has been identified for improvements to reduce travel speeds by installing new
radar speed feedback signs at the northbound/southbound California Street intersection
approaches. The cost of these improvements is estimated at $30,000. Staff will pursue grant
funding and local capital funding opportunities.
6. California and Palm
Proposed improvements to this intersection include installation of green bike lane extensions
through the west leg of the intersection and warning signage. The cost of these improvements is
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estimated at $10,000. Staff will pursue funding for this project through ongoing Bicycle Facility
Improvements funding allocation.
7. California Boulevard Reconfiguration
The proposed project includes investigating the feasibility of parking removal along the east side
of California Boulevard between Foothill and Hathway. This would provide width for a center
turn lane and improve visibility for turning movements entering/existing the driveways along the
east side of the street. Removal can also improve on street bicycle movements by reducing
conflicts with vehicles. Prior to pursuing any parking modifications, staff will study existing
parking utilization and conduct public outreach to businesses and residents within the vicinity of
this area to evaluate potential impacts due to loss of on-street parking. Council previously
authorized the installation of parking meters on this block to help regulate parking activities
however meter installations will likely have no impact on safety concerns. The cost of these
improvements is estimated at $30,000. Staff will pursue local capital funding opportunities.
Staff will continue to work with adjacent property owners, developing funding programs, and
conducting public outreach for these unfunded projects.
Moving Towards Vision Zero
Vision Zero is the philosophy that loss of life is not an acceptable price to pay for mobility and
that regardless of who is at fault in traffic collisions, public agencies should take a systematic
approach to improving safety and achieving a transportation system with zero fatalities or serious
injuries. This multi-national traffic safety movement was first developed by Sweden in 1997 as
the country’s traffic fatality toll continued to rise year after year to intolerable levels. This new
philosophy of shifting the focus from the roadway user to the roadway design resulted in Sweden
and other European countries practicing Vision Zero to reduce their traffic fatalities by 50% or
more.
In recent years, Vision Zero has gained steam throughout the United States, with cities such as
San Francisco, New York, Portland, Los Angeles and Santa Barbara adopting Vision Zero
Policies and action plans. According to the National Highway Traffic Safety Administration
(NHTSA), motor vehicle traffic crashes are the number one leading cause of death for people
ages 13 through 25 and result in over 30,000 deaths per year in the United States alone. Vision
Zero focuses both on reducing overall traffic collisions and on preventing severe collisions. From
that effort safety is enhanced for vulnerable users such as pedestrians, bicyclists and people with
disabilities and communities can achieve real live benefits and save lives.
The City of San Luis Obispo has already been following this philosophy for over 15 years with
its internationally recognized traffic safety program and Public Works / Police Department
partnerships. The City has had tremendous success with its current traffic safety program and
practices, traffic collisions have been reduced by 58% as a result of these efforts. Therefore, no
significant changes are recommended in the City’s work program and there are no foreseen
financial impacts associated with this policy. Rather the intent of adopting this policy is to
formally memorialize and brand the City’s already well demonstrated philosophy, goal, and
methods to achieve that goal.
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Through (a) the data-driven analysis performed as part of the annual traffic safety report, (b)
regular collaboration between City Public Works and Police Departments to identify priorities
for focused traffic safety enforcement, and (c) ongoing community education and outreach
campaigns, the City can continue to demonstrate measureable progress towards improving the
safety and efficiency of transportation facilities for all modes and users. By endorsing Vision
Zero, the City Council affirms this commitment to traffic safety and establishes a clear,
measurable objective for continuing and refining this multifaceted effort to achieve zero deaths
and serious injuries on City streets by 2030.
CONCURRENCES
The Police Department has reviewed the 2015 TSR and concurs with its findings.
FISCAL IMPACT
2015 Traffic Safety Report
Staff is recommending that new projects listed in Table 3 above be funded through the City’s
annual Traffic Safety Program allocation, which has a current balance of $18,700. The 5-Year
Adopted Capital Improvement Plan included in the current Financial Plan anticipates an
additional allocation of $25,000 identified for FY 2017/18. This will make $43,700 total
available for use on these safety projects if allocated as part of the FY 2017-19 Financial Plan.
The total cost of these projects is estimated at approximately $34,000. Remaining balance after
project completions will be used to fund other minor projects as they are identified through 2017
as part of the future 2016 TSR.
In addition, as identified above, there are seven other safety projects estimated at $1.55 million
that cannot be funded through the current allocation of traffic safety report funding. Staff will
begin pursuing grant funding opportunities and return with funding requests for these projects as
part of the 2017-19 Financial Plan. It should be noted that Local Revenue Measures (i.e. Measure
Y and Measure G) have funded the Traffic Safety Report analysis, some of the traffic
engineering and police enforcement, and some of the projects resulting from the Traffic Safety
Report.
Vision Zero Resolution
The current City budget supports traffic safety programs, projects and enforcement efforts.
Endorsing Vision Zero affirms the City’s commitment to traffic safety and provides a clearly
articulated policy objective for continuing this multifaceted approach. This action does not
require additional fiscal resources at this time beyond those committed to existing programs and
activities. In the future, this commitment may be enhanced with additional programs or activities
as part of the City’s budget process for Council action.
ALTERNATIVES
1. The Council may choose not to receive and file the 2015 Traffic Safety Report. Staff does
not recommend this as these locations are currently experiencing high collision rates with
injuries and property damages, if measures are not taken these collision patterns may
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continue.
2. The Council may choose to not approve the Resolution adopting Vision Zero.
Attachments:
a - Draft Resolution
b - Council Reading File - 2015 Annual Traffic Safety Report
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R _____
RESOLUTION NO. (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ENDORSING THE GOAL OF VISION ZERO,
FOR THE CITY TO STRIVE TO ACHIEVE ZERO TRAFFIC DEATHS
AND SERIOUS INJURIES ON CITY STREETS BY 2030
WHEREAS, the life, safety and health of residents, employees and visitors to San Luis Obispo is
one of the City Council’s highest priorities; and
WHEREAS, Vision Zero is a philosophy, adopted by many cities and states around the country,
that no loss of life or serious injury on the transportation system is acceptable; and
WHEREAS, the Circulation Element of the San Luis Obispo General Plan provides policy intent
to provide a system of streets that are safe for all forms of transportation, while reducin g
dependence on single-occupant use of motor vehicles by supporting and promoting alternatives
such as walking, bicycling and transit; and
WHEREAS, The City of San Luis Obispo has been actively implementing safety projects and
programs consistent with Vision Zero, however has not yet adopted the philosophy as policy;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This City Council hereby adopts a Vision Zero goal of eliminating traffic
deaths and serious injuries by 2030.
SECTION 2. The City Council directs the Public Works, Fire and Police Departments to
continue implementation of the City’s Enforcement, Education, Traffic Safety, Traffic Operations,
and Neighborhood Traffic Management programs as the mechanisms for achieving this goal.
SECTION 3. These programs will be guided by innovative engineering solutions to improve
road safety for all users, especially the most vulnerable; will measure and evaluate performance
annually, and will include enforcement and education tactics to deter the most dangerous behaviors
that cause public harm, especially along the corridors and locations where collisions are concentrated.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
____________________________________
Mayor Jan Marx
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Packet Pg. 108 Attachment: a - Draft Resolution (1468 : 2015 Traffic Safety Report and Resolution Supporting Vision Zero)
Resolution No. _____ (2016 Series) Page 2
R _____
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
3.a
Packet Pg. 109 Attachment: a - Draft Resolution (1468 : 2015 Traffic Safety Report and Resolution Supporting Vision Zero)
Meeting Date: 10/18/2016
FROM: Carrie Gallagher, City Clerk
Prepared By: Heather Goodwin, Deputy City Clerk
SUBJECT: APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION
(ARC), HUMAN RELATIONS COMMISSION (HRC), MASS
TRANSPORTATION COMMITTEE (MTC)
RECOMMENDATION
In accordance with the recommendation of the Council Liaison Subcommittees:
1. Confirm the appointment of Brian Rolph to the Architectural Review Commission to
complete an unexpired term through March 31, 2019; and
2. Confirm the appointment of Nancy Welts to the Human Relations Commission to
complete an unexpired term through March 31, 2020.
3. Confirm the appointment of Justin Frentzel to the Mass Transportation Committee, as the
ASI student representative to complete an unexpired term through March 31, 2019.
DISCUSSION
Architectural Review Commission (Subcommittee Members Rivoire and Ashbaugh)
Due to the resignation of Ken Curtis, effective August 1, 2016, there was an unscheduled
vacancy on the Architectural Review Commission. Mr. Curtis’s term would have expired on
March 31, 2019.
The Council Liaison Subcommittee recommends the appointment of Brian Rolph to the
Architectural Review Commission, to a term expiring on March 31, 2019.
Human Relations Commission (Subcommittee Members Carpenter and Rivoire)
Due to the resignation of Maria Troy, effective August 30, 2016, there was an unscheduled
vacancy on the Human Relations Commission. Ms. Troy’s term would have expired on March
31, 2020.
Commissioner Troy was appointed to fill a vacancy to the HRC in June of 2014 and was
reappointed to a four-year term March 15, 2016. Due to unusual circumstances, Commissioner
Troy was granted a leave of absence, and further, Nancy Welts was appointed to serve a short -
term appointment at the June 14, 2016 City Council meeting.
The Council Liaison Subcommittee recommends the appointment of Nancy Welts to complete
the remainder of the term to the Human Relations Commission expiring March 31, 2020.
Mass Transportation Committee (Subcommittee Members Rivoire and Christianson)
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Due to the resignation of Michelle Wong, effective August 31, 2016, there was an unscheduled
vacancy on the Mass Transportation Committee. Ms. Wong served as the ASI student
representative and her term would have expired on March 31, 2019.
The Council Liaison Subcommittee recommends appointment of Justin Frentzel to the Mass
Transportation Committee (as the ASI student representative), to a term expiring on March 31,
2019.
RECRUITMENT
The following Advisory Bodies have vacancies and interested individuals are encouraged to
apply:
1. Architectural Review Commission (1)
2. Bicycle Advisory Committee (1)
3. Mass Transportation Committee (1 – alternate position)
4. Planning Commission (1)
5. Tourism Business Improvement District (1)
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Hard copies of the ARC, HRC and MTC applications are available in the City Council reading
file and for public review in the Office of the City Clerk.
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Tuesday, September 6, 2016
Regular Meeting of the City Council
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
September 6, 2016 at 6:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor Dan
Carpenter, and Mayor Jan Marx.
Absent: None
Staff: Katie Lichtig, City Manager; Christine Dietrick, City Attorney; Derek Johnson, Assistant
City Manager; Carrie Gallagher, City Clerk; were present at Roll Call. Other staff
members presented reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Council Member Ashbaugh led the Pledge of Allegiance.
PRESENTATIONS
1. PRESENTATION BY PUBLIC WORKS DIRECTOR GRIGSBY, REGARDING
TRANSPORTATION AWARDS
Public Works Director Grigsby, made a presentation regarding Transportation Awards
recently received by the City.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
David Brodie, San Luis Obispo, spoke on behalf of Save our Downtown, noted that there are many
worthy land use element programs which cannot be incorporated into revisions to the zoning code
regulations, and added that an overlay is needed to ensure all creeks are protected.
Andrea Devitt, San Luis Obispo, commended the City Council for speaking up at a prior meeting
against Philips 66.
8.a
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San Luis Obispo City Council Minutes of September 6, 2016 - DRAFT Page 2
San Luis Obispo Page 2
Kit Gould, San Luis Obispo, reported that her neighborhood was the recipient of the City of San
Luis Obispo Matching Grant and shared a story of a recent incident involving a large student party
in her neighborhood; she voiced concerns that the incident was not handled properly by the Police
Department and believes that students should be held accountable for their actions.
Cheryl McLean, San Luis Obispo, urged the City to stop its current practice of the removal of
street trees deemed unhealthy or structurally unstable and requested that the City help to stabilize
and restore the trees to health. She asked that the City reconsider the removal of 48 of 51 trees at
71 Palomar and instead incorporate the trees into the design of the proposed student apartment
complex.
Donald Hedrick, San Luis Obispo, voiced concern for a troubled nation and disturbing behavior
from people running for public office in high places and the need for control over the voting
process.
Lydia Mourenza, San Luis Obispo, spoke concerns over a recent party at 71 Palomar. She
requested that all advisory body members receive a City email address for better accessibility to
the public and encouraged the City to consider using a publication that is free to the public when
advertising public hearing notices. She noted the 22 Chorro appeal and encouraged residents to
watch the recording of the August 24th Planning Commission meeting.
Ursula Bishop, San Luis Obispo, spoke on behalf of Save our Downtown and the Dana Street
Neighbors Association adding that only a creek separates her community from tourist, office and
retail commercial zones, and is hopeful that their community and others can be added as an
addendum to the zoning ordinance.
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL
MEMBER ASHBAUGH, CARRIED 5-0, to approve the Consent Calendar Items 2-5, and 8-10,
with the removal of Item 6 for separate consideration and Item 7 to be continued to the September
20, 2016 City Council Meeting.
Public Comments:
Melanie Mills, San Luis Obispo, thanked the Council Subcommittee for their recommendation of
her appointment to the Downtown Concept Vision Plan and thanked City Council for consideration
of her appointment noting that it would be an honor to serve.
Camille Small, San Luis Obispo, spoke on behalf of David Brodie and Save our Downtown
regarding Item 5, she requested timely notification of dates, locations and times to be provided in
regards to future scheduled public workshops and Creative Vision Team meetings; additionally,
she requested clarification on the public input process during the plan refinement period, when the
City Council is scheduled to adopt the update plan.
---end of Public Comments---
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San Luis Obispo Page 3
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
3. MINUTES OF MAY 24, JUNE 9, JULY 12, JULY 14, JULY 19 SPECIAL AND
REGULAR, AND AUGUST 16, 2016
CARRIED 5-0, to approve the Minutes of the City Council meetings of July 12, July 14, July
19 Special and Regular, and August 16, 2016, as amended.
4. REQUEST FOR PROPOSALS (RFP) – FOR PLANNING, BUILDING & SAFETY,
FIRE AND ENGINEERING PLAN CHECK AND INSPECTION SERVICES
CARRIED 5-0, to:
1. Approve the following Request for Proposals (RFPs) to provide planning, plan check, and
inspection “on-call” services to supplement Planning, Engineering, Fire and Building &
Safety resources to maintain processing times.
a. Development Review Services for Building & Safety, Fire, and Engineering Plan
Check and Inspection Services (Specification No. 91520); and
b. General Planning Services (Specification No. 91521); and
2. Authorize the City Manager to execute the agreements associated with the selected
consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant service contracts in an amount not-to-exceed authorized Development Services
Fee Revenue carry forward amount.
5. DOWNTOWN CONCEPT PLAN CREATIVE VISION TEAM APPOINTMENT
CARRIED 5-0, to:
1. Appoint Keith Gurnee, Eric Meyer and Melanie Mills to the Downtown Concept Plan
Creative Vision Team (CVT), as recommended by the Council subcommittee made up
of Council members Christianson and Rivoire; and
2. Adopt a Resolution No. 10743 (2016 Series) entitled “A Resolution of the City Council
of the City of San Luis Obispo, California, to modify the makeup of the Downtown
Concept Plan Creative Vision Team (CVT) and Guidelines.”
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San Luis Obispo City Council Minutes of September 6, 2016 - DRAFT Page 4
San Luis Obispo Page 4
6. CONTRACT WITH WATRY DESIGN, INC. FOR PREPARATION OF A FOCUSED
ENVIRONMENTAL IMPACT REPORT AND ADDITIONAL DESIGN SERVICES
FOR THE PALM-NIPOMO PARKING STRUCTURE
ACTION: MOTION BY COUNCIL MEMBER ASHBAUGH, SECOND BY COUNCIL
MEMBER RIVOIRE CARRIED 5-0, to authorize the City Manager to execute a Contract
with Watry Design, Inc. for preparation of a Focused Environmental Impact Report and
additional Design Services for the Palm-Nipomo Parking Structure with the alternative to
include housing to be evaluated.
7. CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR PURCHASE OF
PARK+ PROGRAM (A PARKING DEMAND MODELING PLATFORM)
At the request of City staff, this item was withdrawn from the Consent Agenda and moved
to the September 20, 2016 City Council Meeting for consideration.
8. FINANCIAL PLAN SCHEDULE FOR 2017-19
CARRIED 5-0, to approve the goal setting process and timetable for the development of the
2017-19 Financial Plan.
9. VEHICLE/EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION OF
SALE
CARRIED 5-0, to authorize the surplus designation and disposal of surplus units in
accordance with the City’s policies and procedures as prescribed in the Financial
Management Manual Sections 405-L, 480-A and 480-B.
10. STREETS BACKHOE, AERIAL LIFT TRUCK, AND ASPHALT GRINDER &
URBAN FORESTRY AERIAL LIFT TRUCK, SPECIFICATION NOS. 91363, 91471,
91462, & 91476
CARRIED 5-0, to:
1. Authorize the Finance Director to execute purchase orders to:
a. Quinn Caterpillar in the amount of $127,793.15 for the purchase of one 2016
Caterpillar 420F2 Backhoe Loader; and
b. Altec Industries Inc. in the amount of $104,396.80 for the purchase of one 2016
Ford F-550 outfitted with an Altec AT235 Hybrid-Electric Aerial Lift; and
c. Altec industries Inc. in the amount of $188,743.47 for the purchase of one 2017
Freightliner Heavy Duty Truck outfitted with an Altec LR7-60E70RM Hybrid-
Electric Aerial Lift; and
d. Asphalt Zipper in the amount of $115,225.20 for the purchase of one 2016
Asphalt Zipper AZ360B Asphalt Grinder; and
8.a
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San Luis Obispo City Council Minutes of September 6, 2016 - DRAFT Page 5
San Luis Obispo Page 5
2. Authorize the Finance Director to transfer $14,000 from completed Fleet Replacement
CIP projects to specification number 91471, $7,000 to specification number 91476, and
$27,000 to specification 91462; and
3. Authorize the surplus designation of the Fleet Asset No. 0122, 0421, 0615, and 9407 by
sale, auction, trade-in or other method in accordance with the City’s policies and
procedures as prescribed in the Financial Management Manual Section 405-L and 480.
BUSINESS ITEMS
11. REVIEW LUNETA STREET GENERAL PLAN AND NEIGHBORHOOD TRAFFIC
ISSUES
Vice Mayor Carpenter recused himself from participating in this item, noting his
membership in an organization that owns property adjacent to Luneta Drive.
Assistant City Manager Johnson recused himself from the discussion, noting he resides in
the affected neighborhood.
Transportation Manager Hudson and Deputy Director of Public Works Bochum provided an
in-depth staff report and responded to Council questions.
Public Comments:
Al Lipper, San Luis Obispo, noted a petition containing 150 signatures from residents asking
that Luneta be allowed to remain closed.
Dan Matthews, San Luis Obispo, encouraged the City Council to keep Lunta closed, he
suggested turning Palomar into a possible cul-de-sac to provide a traffic buffer between
neighborhoods, additionally he noted an immediate need of a stop sign.
Roberto Monge, San Luis Obispo, presented a video entitled “Saving Luneta Community
Defense.”
Peter Crough, San Luis Obispo, requested that Luneta remain closed; he asked that traffic
not be diverted onto Serrano.
Kit Gould, San Luis Obispo, noted the number of cars that pass on her street daily and added
that she does not agree with the opening of Luneta in order to ease traffic from outside of the
neighborhood.
Johnathon Reich, San Luis Obispo, noted that he is in favor of keeping Luneta closed and
suggested more studies of the area if necessary.
Ed Benson, San Luis Obispo, requested keeping Luneta Drive closed and spoke on uses
currently enjoyed by residents in the area.
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San Luis Obispo Page 6
Frank Rowan, San Luis Obispo, noted his objection to opening Luneta to street traffic.
Lydia Mourenza, San Luis Obispo, stated her objection of opening Luneta and requested a
traffic study of the area be completed at a realistic time and requested that a sight distance
evaluations be completed.
Sandra Rowley, San Luis Obispo, speaking on behalf of Residents for Quality
Neighborhoods, noted support for quality of life for the residents of the affected area and
suggested the possibility of cut through traffic in the area.
Camille Small, San Luis Obispo, stated that she feels it is inexcusable that the only access in
which residents have to a park is through a street.
Mila Vujovich- La Barre, San Luis Obispo and City Council Candidate, voiced her objection
of opening Luneta to through traffic and to widening the street; she noted a lack of adequate
traffic studies.
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
MAYOR MARX, CARRIED 4-0-1, (CARPENTER RECUSED) to approve
recommendations 1 and 2, excluding recommendation 3 which was withdrawn by staff.
1. Authorize staff to evaluate an amendment to the General Plan eliminating the Luneta
Street connection and return to the Planning Commission and City Council with a
recommendation; and
2. Authorize the use of $10,000 from 2015-16 General Fund carryover for the necessary
traffic study and environmental assessment for a potential General Plan and EIR
amendment; and
3. Authorize the use of $25,000 from 2015-16 General Fund carryover for preliminary
design & right of way services to analyze fire turn-around options on Luneta.
12. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE COUNTY
REGARDING THE CITY’S SPHERE OF INFLUENCE
Community Development Director Codron and Community Development Deputy Director
Fowler provided an in-depth staff report and responded to Council questions.
Public Comment:
No speaker cards were received.
---End of Public Comment---
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San Luis Obispo Page 7
ACTION: MOTION BY VICE MAYOR CARPENTER, SECOND BY COUNCIL
MEMBER CHRISTIANSON, CARRIED 4-1, (ASHBAUGH VOTED NO) to authorize the
Mayor to enter into and sign a Memorandum of Agreement between the City of San Luis
Obispo and the County of San Luis Obispo regarding the Sphere of Influence as amended,
to enter into agreement with the County of San Luis Obispo on September 20, 2016.
Council Member Ashbaugh asked for the record to reflect his concerns expressed this
evening, he noted the Sphere of Influence is a far greater influence then alluded to tonight
and noted that elements of it are incorrectly shown as either being within or outside the
Sphere of Influence and hopes for a greater study between now and when another annexation
is proposed based on the Sphere of Influence.
13. REVIEW WORK SCOPE AND AUTHORIZE A REQUEST FOR PROPOSAL (RFP)
FOR CONSULTANT SERVICES TO UPDATE THE CITY’S ZONING
REGULATIONS
Community Development Director Codron and Community Development Deputy Director
Davidson provided an in-depth staff report and responded to Council questions.
Public Comment:
Camille Small, San Luis Obispo, requested a small group of informed residents be allowed to
work with the consultant, she spoke regarding mixed use and voiced concerns regarding
reduced parking.
David Brodie, San Luis Obispo, asked for consideration of incorporating parts of the
community design and guidelines into the zoning regulations and substitute “shall” in place
of “must” under property development standards.
Donald Hedrick, San Luis Obispo voiced concern for overuse of consultants.
Sandra Rowley, San Luis Obispo, spoke representing RQN, noting the use of consultant’s
involvement in legislative drafts and requested radio and print noticing prior to scheduling
workshops; she stated her support for inclusion as it relates to nighttime safety.
Andy Pease, San Luis Obispo and City Council Candidate, noted her support for the RFP and
the use of a consultant; she encourages forward thinking and hopes for flexible zoning.
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER RIVOIRE, CARRIED 5-0, to:
1. Review work scope and provide feedback on the proposed tasks and related budget to
implement the Land Use and Circulation Element (LUCE) and other identified Zoning
Regulation updates; and
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San Luis Obispo Page 8
2. Authorize the issuance of request for proposals (RFP) for consultant services to assist staff
in updating the City’s Zoning Regulations; and
3. Authorize the City Manager to award a consultant services agreement in an amount not-
to-exceed $225,000 as budgeted in the 2015-17 Financial Plan for updating the Zoning
Regulations and the associated environmental review.
COUNCIL LIAISON REPORTS AND COUNCIL COMMUNICATIONS
Mayor Marx noted her intent to submit a written Council Liaison Report.
Council Member Ashbaugh reported on the Homeless Services Center relocation fundraising
efforts, noting the upcoming groundbreaking event scheduled for November 2, 2016 at 40 Prado
Road.
Mayor Marx spoke on community concern regarding idling trains and she requested staff to
provide a written report summarizing staff efforts to address the ongoing issue. By consensus, the
Council concurred with this request.
Council Member Christiansen reported attending a community meeting related to the community’s
concerns on idling trains.
Vice Mayor Carpenter noted concerns relating to Council Meeting protocol which were responded
to by Mayor Marx and Council Member Ashbaugh.
COUNCIL COMMUNICATIONS
None.
ADJOURNMENT
The meeting was adjourned at 9:45 p.m. to a Special Meeting to be held on Thursday, September
8, 2016 at 4:15 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo,
California for the purposes of conducting a closed session
The next Regular City Council Meetings are scheduled for Tuesday, September 20, 2016 at 4:30
p.m. and 6:00 p.m., in the Council Chamber, respectively, 990 Palm Street, San Luis Obispo,
California.
__________________________
Carrie Gallagher
City Clerk
APPROVED BY COUNCIL: XX/XX/2016
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San Luis Obispo Page 1
Thursday, September 8, 2016
Special Meeting of the City Council
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on Thursday,
September 8, 2016 at 4:15 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis
Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members John Ashbaugh, Carlyn Christianson, Dan Rivoire, Vice Mayor
Dan Carpenter, and Mayor Jan Marx.
Absent: None
Staff
Present: Monica Irons, Human Resources Director, Katie Lichtig, City Manager, Derek
Johnson, Assistant City Manager, Christine Dietrick, City Attorney, Jon
Ansolabehere, Assistant City Attorney, Carrie Gallagher, City Clerk, Garret Olson,
Fire Chief, Rick Bolanos, Agency Negotiator were present at Roll Call.
PUBLIC COMMENT PERIOD
There were no public comments.
CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Katie Lichtig, Derek Johnson, Greg
Zocher, J. Christine Dietrick, Jon Ansolabehere,
Garret Olson, Rick Bolanos
Represented Employee Organizations: San Luis Obispo City Employee’s Association
(SLOCEA)
San Luis Obispo Police Officer’s Association
(POA)
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San Luis Obispo Police Staff Officer’s Association
(SLOPSOA)
International Association of Firefighters Local 3523
Unrepresented Employees: Unrepresented Management Employees
Unrepresented Confidential Employees
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Government
Code § 54956.9: No. of potential cases: One.
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: PG&E’s 2017 General Rate Case A: 15-09-001
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated that there were no reportable actions taken during Closed Session.
ADJOURNMENT
The meeting was adjourned at 5:20 p.m. The next regular City Council Meetings are scheduled for
Tuesday, September 20, 2016 at 4:30 p.m. and 6:00 p.m., in the Council Chamber, respectively, 990
Palm Street, San Luis Obispo, California.
__________________________
Carrie Gallagher
City Clerk
APPROVED BY COUNCIL: XX/XX/2016
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Meeting Date: 10/18/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jennifer Rice, Transportation Planner/Engineer
SUBJECT: GRANT FUNDED CALLE JOAQUIN PARK & RIDE, SPECIFICATION NO.
91288 REQUEST FOR AUTHORIZATION TO ADVERTISE
RECOMMENDATION
1. Approve the plans and specifications for the grant funded Calle Joaquin Park & Ride Lot,
Specification No. 91288; and
2. Authorize staff to advertise for bids, and authorize the City Manager to award the contract if
the lowest responsible bid is within the Engineer’s Estimate of $310,000.
DISCUSSION
Background
As part of the US 101/Los Osos Valley Road Interchange, the City secured additional right of
way between the Hampton Inn and Margie’s Diner for future potential expansion of the
interchange. This area is being preserved if the City needs to perform these improvements at
some future time if capacity or safety issues arise at the location.
The need for these improvements is not anticipated for many years and the property has long
been considered for other uses in the interim. Based on SLOCOG’s 2015 Park & Ride Mobility
Study there is a need for a park and ride in this vicinity due to its close proximity to Highway
101 and the LOVR corridor that offers access to the coast. The concept of using this area as a
park and ride facility was first identified when the Hampton Inn project and the relocation of
Calle Joaquin were constructed many years ago.
The City solicited SLOCOG for funding and received grant monies to construct the park and ride
facility. The City has worked closely with the adjacent property owners to ensure acceptable
integration with those land uses and to provide better connectivity to the properties in the area.
There may be the potential to develop a public/private partnership in the future with the adjacent
hotel where the spaces are utilized for public park and ride spaces during the daytime and
overnight and on weekends used for overflow hotel parking. That shared use would require
additional discussions and agreements.
Construction documents are now completed and the project is ready to be advertised for
construction. The City is lead on the construction of the facility and will be responsible for
maintenance when completed. Construction is estimated to be complete by the spring on 2017.
CONCURRENCES
Caltrans & SLOCOG are a part of the project team and concur with this recommendation.
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ENVIRONMENTAL REVIEW
The City of San Luis Obispo issued this project a CEQA Categorical Exemption on September 3,
2015 under Section 15311 - Accessory Structures parking lots.
Additionally, Caltrans has issued this project a NEPA Categorical Exclusion pursuant to Federal
Regulations Title 23 part 771.117(c) (13) Ridesharing activities.
FISCAL IMPACT
This project is 100% grant funded thru a combination of State Highway Account (SHA) and
Congestion Management & Air Quality (CMAQ) sources. The Council accepted and
appropriated the funding for this project at its February 18th, 2014 meeting. Annual increases to
the street maintenance account will be necessary to maintain the facility – estimated to be $4,000
per year for trash, landscaping, signage and pavement needs. Adjustments to funding will be
requested through the FY 2017-19 Financial Plan process.
Attachments:
a - Council Reading File - Calle Joaquin Park and Ride Plans
b - Council Reading File - Calle Joaquin Park and Ride Specs
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Meeting Date: 10/18/2016
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Acting Housing Programs Manager
SUBJECT: CONSIDERATION OF THE HUMAN RELATION COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2017 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA)
PROGRAMS
RECOMMENDATION
As recommended by the Human Relations Commission, approve the Community Development
Block Grant and Grants-In-Aid funding priorities for 2017.
BACKGROUND
Community Development Block Grant (CDBG)
The City’s annual CDBG review process provides Council and the public with an opportunity to
provide early input in the grant award process. Establishing funding priorities is the first step in
the process, which helps to maintain an open, inclusive and fair grant ap plication process. The
Human Relations Commission (HRC) is the advisor to the Council on CDBG funding priorities
and recommendations. The four steps in the CDBG review process include:
1. HRC Hosts a “Needs Workshop”: The HRC hosts a public hearing to inform the public
about upcoming funding amounts and how to apply for grants, to hear community views on
grant funding needs, and to recommend funding priorities (held on September 7, 2016).
Attachment A contains the draft minutes from this hearing.
2. Council Priority-Setting: Council sets CDBG and GIA funding priorities. This is
scheduled for October 18, 2016.
3. CDBG Initial Recommendations Hearing: HRC holds a public hearing to review CDBG
applications in light of the adopted funding priorities and forwards its funding
recommendations to the County for 2017. This is scheduled for December 7, 2016.
4. CDBG Program Hearing: After the County releases the Draft Action Plan, the City
Council holds a public hearing to approve the City’s 2017 CDBG Program and forwards its
recommendation to the Urban County for inclusion in the final One-Year Action Plan. This is
tentatively scheduled for March 7, 2017.
Grants-in-Aid (GIA)
The City’s GIA program serves to provide financial support to non-profit organizations that
promote the economic and social well-being of the citizens of San Luis Obispo. The HRC is also
the advisor to the Council on funding priorities and recommendations for the GIA program. The
main steps in the GIA review process, similar to the CDBG process, include:
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1. HRC “Community Needs Workshop”: The HRC hosts a public hearing to inform the
public about upcoming funding amounts, how to apply for grants, to hear community views
on grant funding needs, and to recommend funding priorities (held on September 7, 2016,
minutes can be found in Attachment A).
2. Council Priority-Setting: Council sets CDBG and GIA funding priorities. This is
scheduled for October 18, 2016.
3. GIA Initial Recommendations Hearing: HRC holds a public hearing to finalize GIA
recommendations. This is scheduled for May 3, 2017. These recommendations are then
forwarded to Council.
4. GIA Program Hearing: City Council holds a public hearing to approve the City’s 2017 GIA
Program. This is tentatively scheduled for July 18, 2017.
Community Needs Workshop
On September 7, 2016, the HRC completed the first step of both the CDBG and GIA programs
by holding the Community Needs Workshop. An audience of about 20 persons attended the
workshop and 10 speakers addressed a wide variety of community needs. Testimony provided to
the Commission indicated that there is an increase in demand for services including: affordable
and alternative housing, homeless prevention and services, health care and pharmaceutical
supply, hunger prevention and nutrition, child care, and senior services. The service providers
stressed the importance of the GIA and CDBG programs and encouraged the HRC to continue its
support.
In addition, an Open City Hall online forum was available to those not able to attend the
workshop. Ten comments were received, which focused the need for affordable housing,
reducing homelessness, and assisting at-risk youth. These comments were also used to assist the
HRC develop the grant funding priorities.
2017 FUNDING PRIORITIES
HRC Recommended CDBG Funding Priorities
After hearing and reviewing public testimony, the Commission reviewed the 2016 CDBG
funding priorities and decided to make very minor adjustments to these previous priorities. The
HRC’s recommended 2017 CDBG ranked funding priorities are:
1. Provide emergency and transitional shelter, homelessness prevention and services.
2. Develop and enhance affordable housing for low and very-low income persons.
3. Promote accessibility and/or removal of architectural barriers for the disabled and elderly.
4. Enhance economic development (to include seismic retrofit, economic stability, low and
moderate income jobs).
The priorities adopted by Council set the framework by which the HRC reviews grant
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applications and recommends funding choices to the Council. Generally, most applications for
CDBG funds fit intuitively within one of the listed categories.
HRC Recommended GIA Funding Priorities
The HRC then reviewed the 2016 GIA funding priorities and decided to modify them to include
affordable housing and further distinguish clients that are in need. The HRC does not rank these
recommended funding priorities to allow maximum flexibility when making funding
recommendations dependent upon the applications received.
Homeless prevention including affordable and alternative housing, supportive services
and transitional housing.
Hunger and malnutrition prevention.
Supportive physical and mental health services for those in need.
Services for seniors and/or people with disabilities in need.
Supportive and developmental services for children and youth in need.
Next Steps
Once the Council considers the HRC’s recommended funding priorities, these priorities will
guide the HRC’s actions when reviewing grant applications and awarding funding. These
priorities will also guide Council’s final funding decisions when it considers CDBG funding
recommendations on March 7, 2017, and GIA funding recommendations on July 18, 2017.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061 (b)(3) General Rule and
Section 15306 Categorical Exemption of the CEQA Guidelines. The project is an action to
develop priorities to guide future decisions regarding the allocation of CDBG & GIA funding.
Each grant request approved for funding will be subject to CEQA at the time the project is filed.
It can be seen with certainty that the proposed action to develop priorities for funding will have
no significant effect on the environment and is exempt from environmental review.
FISCAL IMPACT
Funding priorities will affect how CDBG and GIA applications are evaluated and how funds are
awarded. The City receives CDBG funds through the County allotment; while this does not
directly impact the General Fund, to the extent that projects can be funded through CDBG, they
are not otherwise requesting money from the City’s General Fund. The City does designate a
portion of General Fund monies for the GIA program and the priorities expressed by the Council
will influence how those grants will be awarded. While final 2017-18 GIA fund amounts have
not yet been established, a total of $138,500 in General Funds was set aside for GIA in fiscal
year 2016-17. Staff expects to receive similar GIA funding amounts for fiscal year 2017-18.
Establishing priorities has no immediate fiscal impact but is helpful in allocating the CDBG and
GIA funding regardless of the amount.
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ALTERNATIVES
1. The Council may modify the proposed funding priorities.
2. The Council may continue consideration of funding priorities. Direction should be given
to staff regarding additional information needed to make a decision on priorities. This
alternative is not recommended because the deadline to submit an application for 2017
CDBG funds ends on October 21, 2016, and applicants to the program benefit from
knowing the City’s funding priorities in advance.
Attachments:
a - HRC Draft Minutes - 09-07-2016
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Minutes - DRAFT
HUMAN RELATIONS COMMISSION
Wednesday, September 7, 2016
Regular Meeting of the Human Relations Commission
CALL TO ORDER
A Regular Meeting of the Human Relations Commission was called to order on Wednesday,
September 7, 2016 at 5:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San
Luis Obispo, California, by Chair Tasseff.
ROLL CALL
Present: Commissioners Julia Jones, Paul Orton, Carol Sexton, Nancy Welts, Vice Chair Robert
Clayton, and Chair Michelle Tasseff.
Absent: Commissioner Gene Strohl
Staff: Acting Housing Programs Manager Jenny Wiseman, Planning Technician Steven
Orozco, and Recording Secretary Monique Lomeli
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
CONSIDERATION OF MINUTES
1. Consideration of Minutes
MOTION BY COMMISSIONER JONES, SECOND BY COMMISSIONER WELTS,
CARRIED (ABSENT: COMMISSIONER STROHL) 6-0 to approve the minutes of the
Human Relations Commission for the meeting of August 3, 2016.
PUBLIC HEARINGS
2. 2016 Community Needs Workshop
Acting Housing Programs Manager Jenny Wiseman presented an overview of the
Grants-in-Aid and Community Block Grant process and timelines, highlighting key
dates for the applicants.
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DRAFT Minutes – Human Relations Commission Meeting of September 7, 2016 Page 2
In response to Commission inquiry, staff clarified that the Community Needs
Workshop is intended to gather information from the public regarding health and
human services needs in order to develop funding priorities for the 2017-18 grant cycle.
Public Comments:
Chair Tasseff opened the public hearing.
The following representatives of various local organizations provided program
information and advocated for specific needs in the community, citing access to proper
nutrition for seniors, mental health services, and affordable housing, childcare, and
medical services as primary needs in the community:
Juliane McAdam, Senior Nutrition Program
Frank Ricceri, Transitions Mental Health Association
Charlene Ables, Assistance League of San Luis Obispo County
Dona Hare Price, Learn. Connect. Play. Foundation
Claudia Lopez, Alliance for Pharmaceutical Access, Inc.
Audrey Flemming, Pharmaceutical Access, Inc.
Consuelo Meux, SLO Noor Foundation
Jenny Luciano, Child Development Resource Center
Suzanne Russell, Tolosa Children’s Dental Center
Anne Wyatt, Home Share SLO
Chair Tasseff closed the public hearing.
2. Establish 2017 CDBG and 2017-18 GIA Funding Priorities.
The Commission discussed the critical state of the housing situation, needs expressed
during the Community Needs Workshop, obtained through Open City Hall, and written
correspondence, and the possibility of ranking funding priorities.
ACTION: MOTION BY VICE CHAIR, SECOND BY COMMISSIONER JONES,
CARRIED, (ABSENT COMMISSIONER STROHL) 6-0 to approve the 2017 CDBG
and 2017-18 GIA Funding Priorities.
COMMISSION COMMUNICATIONS
Vice-Chair Clayton informed the Commission that October is Suicide Prevention month and
suggested interested parties consider participating in one of the local awareness walks.
Staff introduced new Long-Range Planning Technician Steven Orozco.
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DRAFT Minutes – Human Relations Commission Meeting of September 7, 2016 Page 3
ADJOURNMENT
The meeting was adjourned at 6:23 p.m. The next Regular meeting of the Human Relations
Commission is scheduled for Wednesday, October 5, 2016 at 5:00 p.m., in the Council Hearing
Room, 990 Palm Street, San Luis Obispo, California.
APPROVED BY THE HUMAN RELATIONS COMMISSION: XX/XX/2016
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Meeting Date: 10/18/2016
FROM: Xenia Bradford - Interim Finance Director
Prepared By: Vilma Warner- Finance Operations Manager
SUBJECT: BANKING SERVICES CONTRACT AWARD
RECOMMENDATION
Award the banking services contract to JP Morgan and authorize the City Treasurer to execute
the agreement.
Background
Bank of America informed the City in late February 2016 that it would not renew the City’s
contract for economic reasons. Because of changes in Federal Banking Laws, banks have to
maintain greater liquidity for governmental deposits. Bank of America extended the existing
terms for banking services until September 30, 2016. After September 30, 2016, if new treasury
and banking services is not secured with a new bank, Bank of America has indicated that they
will provide banking services on a month to month basis fees adjusted upward.
On May 5, 2016, the City Council approved a Request for Proposals (RFP) for banking services,
which was sent to all banking institutions with full services branches located within San Luis
Obispo. The RFP requested a qualified and insured financial institution to provide
comprehensive banking services for general treasury and banking services related to its cash
management operations. Although the City would normally have issued an RFP much sooner,
the bank’s decision wasn’t communicated until days before the contract renewal period.
Scope of Services
As detailed in the RFP, prospective banks must be able to provide certain services to the City. In
addition to account services, that would be similar to personal banking needs, there are additional
services required that are specific to the City as a municipal government. These include, but are
not limited to: armored car service, parking meter coin counting, payroll deposit service,
merchant services, positive pay; Local Agency Investment Fund (LAIF) and online daily cash
balance reports.
In addition to the scope of required services, proposers offered the City optional and additional
services. These optional services included free or reduced price banking services to City
employees (provided such benefits are provided to the similarly situated general public, i.e. those
employed by other large employers), electronic accounts payable processing or any other service
that the proposer believes will benefit the City.
Safekeeping services for receiving, holding in trust, and processing matured investments owned
by the City were not included in this RFP. The city currently contracts with Bank of New York
for this service.
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Proposal Evaluation and Selection
Fifteen RFP’s were sent to banks with full service branches within the City. Five banks, Union
Bank, Wells Fargo Bank, JP Morgan, Heritage Oaks Bank and Pacific Western Bank, responded
to the RFP with proposals. Initial proposals were reviewed by a five-member committee and the
top three banks who met and exceeded all requirements listed in the RFP were “short listed” and
selected to provide in-depth presentations. The review committee evaluated the proposals based
upon the following criteria:
a) Meeting the requirements as detailed in the RFP and 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) Proposed approach in completing the work.
f) Additional services offered optimizing the use of information technology to streamline
and automate processes.
g) References.
h) Background and related experience with the implementation process and of the specific
individuals to be assigned to this project.
i) Proposed compensation.
The three banks selected for in-depth presentations were Union Bank, J.P. Morgan and Wells
Fargo.
After comprehensively reviewing the proposals, and holding interviews with each of the top
three proposers to ensure complete understanding of the proposals, the review committee came
to the following conclusions.
The evaluation committee found JP Morgan scored highest after all the evaluations and
interviews and references were completed based on the published criterion. The City anticipates
enhancements to current practices as a result of the new relationship with JP Morgan. The City
will have the ability to streamline processes and improve the levels of service we can offer to our
residents, vendors and employees.
FISCAL IMPACT
The total cost of services, which are estimated to be $65,000 per year may be fully offset through
interest income from deposited City funds and the earning credit at .35%; however, the offset
depends on cash balance maintained by the City in the bank and the net cost to the City is a
variable between the City investment policy and earnings compared to cash held in the bank
available for earnings credit The responses to RFP were based on an estimated monthly volume
cash balance of $19.9 million. With this estimate the cost of depository services with J.P.
Morgan would be fully offset by earnings credit.
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J.P. Morgan offers additional services, which may be elected to be implemented by the City such
as traditional and E-Lockbox (payment collection center) as well as bank reconciliation
automation. Additional fees may apply for these services depending on earnings credit offset.
(please see attached fee schedule). The additional services will be evaluated by staff as part of
implementation process to evaluate the return on investment and efficiencies that the City may
achieve by utilization of these services and streamlining processes and taking advantage of new
technologies which will reduce the cost of processing standard transactions.
Additionally, as part of the agreement the City successfully negotiated an account credit of
$20,000 to fully offset the cost of acquiring new banking related equipment such as scanners,
checks and credit card processing machines.
The contract term is for three years, during which time the cost of the services provided to the
City are fixed. During the contract period, the City is not limited from using other financial
institutions for other programs the City may want to use.
Attachments:
a - Banking Services Contract
b - JP Morgan fee schedule
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1
BANKING SERVICES AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this __1st._______day of
November_______________________________, by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as City, and JP Morgan Chase % Co. hereinafter referred to as Banking
Institution.
W I T N E S S E T H:
WHEREAS, on June 1, 2016 City requested proposals for banking services pursuant to Specification No
90450 and.
WHEREAS, pursuant to said request, the Banking Institution submitted a proposal which was accepted by
City for said banking 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 of this Agreement is made and entered,
as first written above, until acceptance or completion of said services.
2. INCORPORATION BY REFERENCE. The Banking Institution’s proposal dated June 1, 2016
are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and the Banking Institution shall receive therefore compensation as set forth in the Banking Institution’s proposal.
4. BANKING INSTITUTION’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, the Banking Institution agrees with City to
do everything required by this Agreement.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement
shall be in writing and shall be effective only upon approval by the 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
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
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2
any force or effect, nor shall any such oral agreement, understanding, or representation be bin ding 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 Finance Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Banking Institution Government Banking
JPMorgan Chase Bank, N.A.
300 South Grand Ave., 3rd Floor,
Los Angeles, CA 90071-3109
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and the Banking Institution 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, A Municipal Corporation
________________________________ By:_____________________________________
City Clerk Finance Director
APPROVED AS TO FORM: BANKING INSTITUTION
________________________________ By: _____________________________________
City Attorney Paul Dawkins, Vice-President
11.a
Packet Pg. 135 Attachment: a - Banking Services Contract (1463 : Banking Services Contract Award)
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Meeting Date: 10/18/2016
FROM: Deanna Cantrell, Chief of Police
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: AUTHORIZE FUNDS FROM THE LAW ENFORCEMENT GRANT
FUND/TRAFFIC IMPOUND ACCOUNT TO PURCHASE EQUIPMENT
RELATED TO TRAFFIC SAFETY
RECOMMENDATION
Appropriate $9,470 from available fund balance in the Law Enforcement Grant Fund/Traffic
Impound Account to purchase Lidar units and alcohol detection devices for use by the Police
Department’s Traffic Safety Division.
DISCUSSION
Lidar Units
The Police Department’s Traffic Safety Division is comprised of four motor officers and a
sergeant position. The main duties of the traffic safety program include enforcement of traffic
laws, collision investigations, education programs and coordinating special events.
Hand held LiDAR (light detection and ranging) devices are utilized by police officers to
determine if a target vehicle is exceeding the speed limit. Unlike Radar speed guns, which rely
on doppler shifts to measure speed, LiDAR devices allow a police officer to measure the speed
of an individual vehicle within a stream of traffic. These devices are also used to measure
distances at traffic collisions such as locked wheel skids or any other measurements that the
officer feels are necessary to capture.
LiDAR is used in determining a violator’s speed in over ninety percent of the department’s
issued speeding tickets, which was 562 citations last year. This technology is still the best
available option for law enforcement to use. California State Courts reco gnize the technology
and it is the State wide preferred method in capturing speed violators.
The department’s current LiDARs are over fifteen years old and about half are not able to pass
calibration which is required by the California Vehicle Code if they are to be used for speed
detection. The devices have exceeded their life cycle and the manufacture no longer makes
replacement parts for these older models. Estimated costs for replacement LiDARs is $6,970.
Alcohol Detection Devices
Utilizing a tool in the field to test drinks for the presence of alcohol is useful for the department
to quickly establish whether or not a person is consuming an alcoholic beverage (underage
drinking, drinking alcohol in public). The rapid alcohol detection instruments utilize a platinum
electrochemical fuel cell sensor to detect with accuracy and can be used without direct
participation. The device can test ambient air, open containers or enclosed spaces for the
presence of alcohol. The department would like to purchase three devices to be stored in the
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supervisor vehicles; estimated cost is $2,500.
CONCURRENCES
The Director of Finance and Information Technology concurs with the recommendation.
FISCAL IMPACT
All costs associated with the purchases will come from fees accumulated in the Law
Enforcement Grant Fund/Traffic Impound Account. At the beginning of FY 2016-17, the
approximated balance of this account is $23,000 and is available for use pursuant to the grant
parameters.
This account was established in 2000 as a requirement of the Office of Traffic Safety Grant to
receive fees collected from violators whose vehicles were impounded because they were driving
without a valid license. Pursuant to the grant requirements, these funds must remain separate
from the General Fund and must be used for traffic-related programs. The purchase of the Lidar
devices and alcohol detection devices meets these guidelines. Allocation from the Law
Enforcement Grant Fund/Traffic Impound account requires Council approval.
ALTERNATIVES
1. Do not purchase. This alternative is not recommended; purchasing these units will allow
staff to enhance traffic safety throughout the City and reduce liability exposure utilizing existing
funding available in the Law Enforcement Grant Fund/Traffic Impound Account. Purchasing
alcohol detection devices enables officers to utilize a beneficial tool out in the field to properly
enforce alcohol laws as they relate to the City of San Luis Obispo.
2. Purchase a reduced quantity: Staff does not recommend this alternative as outfitting
every traffic motor officer with a Lidar device increases the department’s ability to enforce speed
and traffic safety control.
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Meeting Date: 10/18/2016
FROM: Xenia Bradford, Interim Finance Director
Prepared By: Marjorie Hernandez, Supervising Accounting Assistant
SUBJECT: CONTRACT AWARD FOR BUSINESS LICENSE COMPLIANCE SERVICES
RECOMMENDATION
Award contract for Business License Compliance Services to HDL Software, LLC and authorize
the City Manager to execute the contract.
DISCUSSION
Background
With the 2015-17 Financial Plan, the Council authorized a Significant Operating Program
Change (SOPC) to execute a contract for Business License Compliance and Business License
Tax Consultation.
On April 19, 2016 the City Council approved request for proposals (RFP’s) for Business License
Compliance Services. Four RFP’s were mailed to agencies that were identified on the bidder’s
list. Sealed proposals were due on June 1, 2016 at which time three proposals were received.
The proposals received were from Municipal Auditing Services, LLC, MuniServices, LLC, and
HDL Software LLC.
Contract Award
The City received three responses to the RFP summarized below:
1. Municipal Auditing Services, LLC. The proposal offers two basic comprehensive
services Deficiency and Discovery. The definition of Deficiency is defined by Municipal
Auditing Service, LLC as the examination of licensed taxpayers for the purpose of
account reconciliation and identification of unlicensed vendors and supplies. Discovery is
the identification, evaluation, notification and education of unlicensed business entities.
Municipal Auditing Services, LLC is offering its services at 30 percent of recovery.
2. MuniServices, LLC. The proposal offers the services of discovery, compliance and
auditing. The discovery and compliance services ensure the businesses become properly
registered and will make all appropriate payments to the City. MuniServi ces works side
by side with City staff to accomplish the goal. MuniServices is offering the services at
32 percent of recovery.
3. HDL Software LLC. Each component of the HDL Compliance Management Program is
a custom crafted solution for improving the City’s revenues and efficiencies while
maintaining the high level of customer service taxpayers have come to expect from the
staff and technological competencies of the City. HDL Software LLC will work with the
City on educating the public and an amnesty program. The proposal offers their services
at a rate of 35 percent of revenues collected.
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A review committee consisting of the Supervising Accounting Assistant, Utilities Environmental
Programs Manager and Code Enforcement Supervisor reviewed the three proposals. The
proposals were evaluated against the requirements as outlined in detail in the RFP. The review
committee’s recommendation is for the City to accept the proposal from HDL Software LLC.
The City is seeking an efficient methodology for Business License Compliances services and
partnership with the contract vendor of choice. The RFP requested that the proposals include a
program for advance notice to the business community of an upcoming business license
enforcement effort and demonstration of methodology for the enforcement. Review of the
proposed methodology by the committee concluded that the HdL approach and methodology for
working partnership and implementation most closely align with the City’s needs.
The committee recognizes the percent of recovery for HdL is the highest at 35%, however, the
committee believes that the costs are justified based on the services offered and technological
advantages. The process in which the City would receive the data that is discovered from
MuniServices or Municipal Auditing Services would require manual entry or batch upload by
City staff. It takes the business license/casher clerk approximately 10 to 15 minutes to enter a
brand new business into the system. The City currently uses HDL Software, LLC Prime s oftware
for business license and tax software in the annual business license renewal process. Prime has
an online component the city has used in the renewal process for the 2016 renewal and now the
2017 renewal. HDL will send the discovered data through the Prime software no manual data
entry or batch upload is necessary. HDL will have access to the database for use in the audit
portion of the contract. This process will provide processing savings and timely communication
of data.
FISCAL IMPACT
Based on the analysis presented to the Council with 2015-17 Financial Plan, the cost of the
services will be offset by increase in revenue. The cost is at 35% of recovery; therefore, there is
no cost to the City revenue is recovered. It is estimated that ultimately there will be a net increase
in business license tax revenues after offsetting the cost of providing the compliance and auditing
services see attached.
ALTERNATIVES
Business License compliance today is achieved through several avenues of information. Some
of these include going through the legal ads in the newspaper, customer inquiries, inter
departmental inquiries or notifications. The City has a verification program that requires every
business to verify the gross receipts reported once every 5 years. In this a business only has to
report verified gross receipts based on income tax verification every five years. In general, HDL
states we will realize a 10 percent increase, however, the actual increase varies from agency to
agency. The Council may elect not to pursue contract services to Business License Compliance.
Attachments:
a - Draft Contract 9116
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Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 1
AGREEMENT FOR BUSINESS LICENSE PROFESSIONAL SERVICES
This Agreement is made and entered into as of the _____ day of ___________ 2016 (the “Agreement
Date”), by and between the CITY OF SAN LUIS OBISPO, CA, a municipal corporation hereinafter referred
to as CITY, and HDL SOFTWARE LLC, a California company, hereinafter referred to as HDL.
WHEREAS, CITY desires to enforce its business license ordinance to ensure that all persons and
organizations doing business within the City are licensed; and
WHEREAS, HDL has the programs, equipment and personnel required to deliver the services referenced
herein;
THEREFORE, it is agreed by CITY and HDL as follows:
1. SCOPE OF SERVICES
Specific services to be performed by HDL are as described in Exhibit A. Includes scope, schedule,
support, and system requirements.
2. COMPENSATION
City agrees to compensate HDL for services under this Agreement as described in Exhibit B.
3. TERM OF AGREEMENT
The term of this Agreement shall commence on the Agreement Date and shall continue each year
thereafter until termination is requested. The process for termination can be found in Exhibit C.
4. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions for this Agreement are as described in Exhibit C.
5. NOTICE
All notices required by this Agreement shall be given to the City and to HDL in writing, by personal
delivery or first class mail postage prepaid, addressed as follows:
City City of San Luis Obispo
990 Palm St
San Luis Obispo, CA 93401
HDL HdL SOFTWARE, LLC
1340 Valley Vista Drive, Suite 200
Diamond Bar, California 91765
13.a
Packet Pg. 142 Attachment: a - Draft Contract 9116 (1482 : Business License and Tax Compliance)
Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first
above written by their respective officers duly authorized in that behalf.
CITY OF SAN LUIS OBISPO HDL
By: By:
Name: ___________________________ Robert Gray
Title: ___________________________ President, HdL Software LLC
APPROVED AS TO FORM:
City Attorney
13.a
Packet Pg. 143 Attachment: a - Draft Contract 9116 (1482 : Business License and Tax Compliance)
Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 3
EXHIBIT A - SCOPE OF SERVICE
1. Business Tax Compliance Services – HdL will ensure a level playing field for the business community and
maximized revenues to the City through the Compliance Management Program. Discovery services will be
conducted to identify and register businesses that are subjected to license but not properly registered. Audit
services will identify under reported tax liability for business and lodging providers. Collections Services will
collect known debt from licensed accounts that do not pay in full du ring the registration or renewal process.
The scope of work to be performed under the compliance management program will be mutually agreed to by
HdL and City prior to implementation.
1.1. Discovery – Discovery services are designed to identify entities subject to licensure/taxation that are not
currently registered or otherwise non-compliant.
1.1.1. Lead Identification – Develop a list of entities subject to licensure/taxation within the City.
1.1.2. Exception Resolution – Compare the list to City registration databases to remove properly registered
businesses and identify and remove other potential exceptions.
1.1.3. Compliance Communication Process – Initiate Contact with confirmed entities through a series of
City approved communication methods. HdL makes every effort to simplify the process for taxpayers
and utilizes a variety of mediums for communication including mail, telephone, email, and web -site
access. Potential non-compliant entities are notified of their options to comply or dispute their non -
compliant status. HdL offers extended office hours for support via our Business Tax Service Center
available to taxpayers 8:00am – 5:00pm Monday - Friday.
1.1.4. Document Submission / Processing – Review Taxpayer submissions such as applications for
completion and accuracy prior to processing. Collect Additional documentation such as a home
occupation permits and forwarded to other City departments either as a pre -requisite or as a courtesy
for the taxpayer and other departments. All submissions are filed and stored electronically and made
available to the City upon request.
1.1.5. Invoicing – Once application has been approved, invoice entity indicating detailed tax calculations
and balances owed. Taxpayers are given the opportunity to pay their balances via mail, online, other
methods. HdL will provide Taxpayers continued access to Business Tax Service Center for any
questions or disputes arising from the invoice process.
1.1.6. Remittance – Upon collection of all requirements including payment, application and other
prerequisites, HdL will prepare a remittance package including payment documentation as well as
copies of all taxpayer correspondence and relevant information. Remittances are done on no less
than a monthly basis. Remittances packages done electronically via the HdL electronic remitta nce
process will include Applications and other relevant information an electronic format. Revenues
received are deposited into an HdL trust account and funds are distributed to the City in one payment
net HdL’s fees.
1.2. Audit – Audit services are designed to identify businesses that are registered but not properly reporting or
paying the correct amounts. The specific services to be performed which may include:
1.2.1. HdL will identify potential underreporting and/or misclassified bu sinesses by comparing City records
with HdL business inventories
1.2.2. Review/Audit entities mutually agreed to by City and HdL that are identified as potential
underreporting businesses or other entities requiring review.
1.2.3. Submit audit summaries to City staff and meet with staff to review and discuss further actions
1.2.4. Educate businesses on proper reporting practices
1.2.5. Invoice and collect identified deficiencies
13.a
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Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 4
1.3. City’s responsibilities
1.3.1. Data – City will provide its business license database (registrations, payments, and any other
information necessary for the compliance process or to facilitate HdL’s invoicing of services) to HdL
according to a schedule acceptable to both HdL and the City . City agrees to provide the data as long
as this Agreement is active, and thereafter for so long as HdL’s right to invoice for services rendered
continues.
1.3.2. City agrees to use reasonable and diligent efforts to collect, or to assist HdL in the collection of,
deficiencies identified by HdL pursuant to this Agreement.
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Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 5
EXHIBIT B - COMPENSATION
1. Business Tax Compliance Services
1.1. Discovery – HdL’s fee for performing discovery services shall be a contingency fee of 35% of the revenues
received as a result of the service. This fee applies to monies received for the current tax/license period
and any other prior period collected, including monies received for taxes, penalties, interest, and fees.
1.1.1. City Discovery Discount – HdL’s fee for following up on accounts that are identified and confirmed as
non-compliant by the City shall be a contingency fee of 25% of the revenues received as a result of
the service. This fee also applies to delinquent business license tax account s referred by the City as
failing to make payment or properly renew an existing license.
1.2. Audit – HdL’s fee for performing Audit services shall be a contingency fee of 35% of the revenues received
as a result of the service. This fee applies to monies rece ived for the current tax/license period and any
other prior period collected, including monies received for taxes, penalties, interest, and fees.
1.3. Collection – HdL’s fee for performing collections services shall be a contingency fee of 25% of the revenues
received as a result of the service. This fee applies to monies received for the current tax/license period
and any other prior period collected, including monies received for taxes, penalties, interest, and fees.
1.4. Option to waive business tax recovery – City may, at its discretion, elect to waive or reduce the business
tax recovery for a business. Should the City elect to waive all or a portion of the deficiency identified by
HdL, HdL shall be entitled to compensation in the amount of one half (1/2) of the compensation HdL would
have otherwise earned on the waived/reduced amount. Deficiencies which are uncollectable due to
insolvency or dissolution of the customer, or for deficiencies which are otherwise incapable of collection
(e.g. statute of limitations or other legal defense) shall not be considered a voluntary election to waive by
the City, and thus HdL would not be entitled to compensation for these amounts.
1.5. Travel Expenses – Travel and lodging expenses are billed at cost and apply to all meetings; including
process, pre-installation, installation, training, and support. HdL is dedicated to conserving public funds,
and ensures any travel costs are indeed required and reasonable.
2. Payment
HdL will provide detailed invoices for all work completed. City will submit payment to HdL within 30 days of
receiving the invoice.
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Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 6
EXHIBIT C
GENERAL TERMS AND CONDITIONS
A. OWNERSHIP OF MATERIALS, CONFIDENTIALITY.
a. Software License. If access to any HdL software systems are provided to City as part of this Agreement, HdL hereby
provides a license to the City to use HdL’s software while the associated service is in effect through this Agreement.
The software shall only be used by the City. The City shall not sublet, duplicate, modify, decompile, reverse engineer,
disassemble, or attempt to derive the source code of said software. The license granted hereunder shall not imply
ownership by City of said software, rights of the City to sell said software, or rights to use said software for the benefits
of others. This license is not transferable. City shall not create any derivative work or product based on or derived
from the Software or documentation, or modify the Software or documentation without the prior written consent of
HdL. In the event of a breach of this provision (And without limiting HdL’s remedies), said modification, derivative work
or product based on the Software or documentation is hereby deemed assigned to HdL. Upon termination, the
software license shall expire, all copies of the software shall be removed from the City’s computers and network and
all digital copies deleted or otherwise destroyed.
b. Agency Data. HdL acknowledges that the data provided by the City (“Agency Data”) during the course of this
Agreement is the property of the City. City authorizes HdL to access, import, process and generate reports from the
Agency Data with its various proprietary systems. No confidential or otherwise sensitive information will be released.
If appropriate, at the termination of this Agreement the Agency Data will be made available to the City in a format
acceptable to both the City and HdL.
c. Proprietary Information. As used herein, the term “proprietary information” means any information which relates to
HdL’s software systems, audit processes or related services, techniques, or general business processes. City shall hold
in confidence and shall not disclose to any other party any HdL proprietary information in connection with this
Agreement, or otherwise learned or obtained by the City in connection with this Agreement. The obligations imposed
by this Paragraph shall survive any expiration or termination of this Agreement. The terms of this section shall not
apply to any information that is public information.
B. OPTIONAL SERVICES. Optional services beyond the scope of this Agreement are available at HdL’s hourly rates in effect at
the time service is requested. HdL will provide City a Statement of Work specifying the scope, timeline, and cost for the
requested service. Depending on the personnel assigned to perform the work, HdL’s standard hourly rates range between
$75 and $275 per hour.
C. MISCELLANEOUS EXPENSES. HdL will notify the City of any miscellaneous expenses and request authorization to proceed.
HdL will not be reimbursed for any miscellaneous expenses unless authorized by the City. Miscellaneous expenses may
include travel, lodging and meal expenses, and other expenses which are above and beyond the ordinary expenses
associated with performance of this Agreement.
D. PRICING ADJUSTMENTS. All pricing listed in this Agreement will be honored during initial implementation of the services.
Any additional/optional services needed after services are active will be provided using the pricing currently established at
the time the service is requested.
E. LICENSE, PERMITS, FEES AND ASSESSMENTS. HdL shall obtain such licenses, permits and approvals (collectively the
“Permits”) as may be required by law for the performance of the services required by this Agreement. City shall assist HdL
in obtaining such Permits, and City shall absorb all fees, assessments and taxes which are necessary for any Permits required
to be issued by City. If City requires payment for such Permits, the associated costs will be included with the next invoice.
F. INSURANCE REQUIREMENTS. HdL shall maintain the policies set out below, and in amounts of coverage not less than those
indicated herein. Additionally, where required by City, HdL shall name the City as an additional insured and provide a
Certificate of Insurance.
a. Worker’s Compensation and Employer’s Liability - In accordance with applicable law.
b. Comprehensive General Liability - Bodily injury liability in the amount of $1,000,000 for each person in any one
accident, and $1,000,000 for injuries sustained by two or more persons in any one accident. Property damage liability
in the amount of $1,000,000 for each accident, and $2,000,000 aggregate for each year of the policy period.
c. Comprehensive Automobile Liability - Bodily injury liability coverage of $1,000,000 for each accident.
d. Errors and Omissions - In addition to any other insurance required by this Agreement, HdL shall provide and maintain,
during the term of this Agreement, professional liability insurance in the amount of $1,000,000 as evidenced by a
Certificate of Insurance.
G. TERMINATION. This Agreement, or individual services provided by this Agreement, may be terminated as follows:
a. Software – Software services may be terminated by either party upon written notice at least 90 days prior to the end
of the established annual billing cycle. Software services are provided on an annual basis. No credit will be provided
for any unused portion of the annual term. Upon termination, the software license shall expire and (a) City will
immediately remove the software from computers, servers and network, and destroy or erase all copies of the
software and any Proprietary Information and confirm destruction of same by signing and returning to HdL an
“Affidavit of Destruction” acceptable to HdL, and (b) upon City’s request, HdL will assist in extracting the City data in a
format acceptable to both the City and HdL.
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Agreement for HdL Services
City of San Luis Obispo, CA September 1, 2016
HdL Software, LLC 7
b. Services - City may discontinue a service by sending a letter of intent to HdL at least 90 days prior to desired last date
of service.
H. INDEPENDENT CONTRACTOR. HdL shall perform the services hereunder as an independent contractor. No agent,
representative or employee of HdL shall be considered an employee of the City.
I. NON-ASSIGNMENT. This Agreement is not assignable either in whole or in part by HdL or the City without the written
consent of the other party.
J. GOVERNING LAW. The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and shall also govern the interpretation of this Agreement.
K. INDEMNIFICATION. HdL shall indemnify and hold harmless City and its officers, officials and employees from any liability
for damage or claims for personal injury, including death, as well as from claims for breach of confidentiality or property
damage, including attorney fees, which may arise out of the performance of the work described herein, caused in whole or
in part by any negligent act or omission of HdL, its officers, agents and employees under this Agreement.
City shall indemnify and hold harmless HdL, its officers, agents and employees, from any liability for damage or claims for
personal injury, including death, as well as from claims for breach of confidentiality or propert y damage which may arise
from City’s negligent acts, errors or omissions under this Agreement.
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blank.
Meeting Date: 10/18/2016
FROM: Derek Johnson, Assistant City Manager
Prepared By: Robert A. Hill, Natural Resources Manager
SUBJECT: WADDELL RANCH OPEN SPACE ACQUISITION
RECOMMENDATION
Approve a Resolution (Attachment A):
1. Authorizing the Mayor to execute a Purchase and Sale Agreement with the Trust for
Public Land (Attachment B) for the acquisition of the Waddell Ranch property identified
as assessor parcel no. 076-051-011 totaling approximately 154 acres in unincorporated
San Luis Obispo County (Attachment C: Map Set and Attachment D: Photo Set) and
authorizing the City Manager to execute any and all escrow or other documents related to
such transaction; and
2. Authorizing the City to enter into a grant agreement with the California Wildlife
Conservation Board to partially fund the purchase of the Waddell Ranch property; and
3. Authorizing the expenditure of up to $150,000 from the City of San Luis Obispo’s Open
Space Acquisition Fund No. 430 towards the purchase of the property, as well as to
reimburse the Trust for Public Land for ancillary transaction costs in accordance with the
terms and provision of the Purchase and Sale Agreement; and
4. Authorizing the Mayor to execute a Certificate of Acceptance upon close of escrow for
said transaction.
DISCUSSION
Background
The fee simple acquisition of the 154-acre Waddell Ranch property located at the headwaters of
Froom Creek has been identified as an acquisition priority since the inception of the City’s
Greenbelt Protection Program in 1995. The City has been tracking this opportunity since that
time, but Mr. Waddell, although previously interested, has never been ready and willing to sell
until now.
Several years ago, the Trust for Public Land (TPL) approached the City expressing interest in
furthering their conservation work in San Luis Obispo County, at which time they were advised
of this potential long-term opportunity. TPL is a national non-profit conservation organization
with offices throughout the country and has completed numerous transactions in San Luis
Obispo County, perhaps most notably the Estero Bluffs acquisition north of Cayucos that is now
owned and managed by California State Parks.
Recently, Natural Resources Program staff again expressed interest in the property following the
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City’s successful Memorandum of Agreement with the Bureau of Land Management, which
owns a 78-acre parcel contiguous with both the Waddell Ranch and the existing Irish Hills
Natural Reserve. TPL has maintained the property owner relationship and has now reached an
agreement with Mr. Waddell for the purchase of the property. On May 3, 2016, staff received
direction from Council relative to the price and terms associated with the prospective acquisition
of this real property interest. “Open Space Protection” is also a current funding priority for the
Local Revenue Measure (Measure G) which is providing a portion of the funding for this project.
Conservation Values and Project Benefits
The property is listed within the “Irish Hills Serpentine Woodlands” Comprehensive Area
Protection Plan (CAPP) that was approved in 2001 by the California Fish and Game
Commission. Since that time the majority of the properties identified in this CAPP have been
purchased for conservation purposes in order to form the City’s Irish Hills Natural Reserve
within the southwesterly portion of the City’s Greenbelt. The Waddell Ranch represents the
keystone piece of the vision set forth in the CAPP designed to protect this area’s rich biodiversity
and serpentine endemism at a landscape level. Permanent protection of the property would
provide recovery benefits to a suite of rare plants and vegetative assemblages, as well as known
habitat and migration corridors for mountain lions into and out of the Irish Hills area. The
acquisition would also allow for the completion of a loop trail through the Irish Hills Natural
Reserve along the top of Mine Hill where outstanding views of the Pacific Ocean can be gained
and enjoyed.
But not for TPL and the City’s partnered efforts to acquire the property for conservation
purposes, it is possible that Mr. Waddell would otherwise choose to sell the property on the open
market potentially leading to the development of the three legal lots within the parcel as rural -
ranchettes. Local non-profits and elected officials, as well as another partner state agency,
tendered letters of support for the EEM Program grant supporting the proposed project that
further articulate public support and benefit (Attachment E).
General Plan Conformity
California Government Code Section 65402 requires that the Planning Commission make a
finding that an acquisition of land for open space purposes, such as contemplated herein,
conforms with the City’s General Plan. As of the writing of this report, the Planning
Commission is scheduled to make this determination at its October 12th meeting; the proposed
acquisition is consistent with goals, programs, and policies found in the Conservation and Open
Space Element of the City’s General Plan, including:
COSE Goal 8.1: Secure and maintain a healthy and attractive Greenbelt around the urban
area, comprised of diverse and connected natural habitats, and productive agricultural land
that reflects the City’s watershed and topographic boundaries.
COSE Program 8.7.1(D): Protect Open Space Resources.
The City will take the following actions to protect open space, and will encourage
individuals, organizations, and other agencies to take the same actions within their areas of
responsibility and jurisdiction: D. Acquire land and interests in land for open space,
pursuant to City Open Space Guidelines and acquisition priorities.
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COSE Policy 9.1.1 (A): Preserve natural and agricultural landscapes.
The City will implement the following policies and will encourage other agencies with
jurisdiction to do likewise: A. Natural and agricultural landscapes that the City has not
designated for urban use shall be maintained in their current patterns of use.
Transaction Details
TPL has reached an agreement with Mr. Waddell for the purchase of the property. TPL will, in
turn, sell the property to the City for the fair market value through a concurrent escrow. TPL has
secured an appraisal from the firm Contour Valuation Services and furnished the City with a
complete, unabridged original copy. Contour’s value for the property is $1,100,000 as of
February 25, 2016. The total expected project cost inclusive of ancillary soft costs
(reimbursement of appraisal, environmental, and land survey costs to TPL) is $1,150,000.
TPL and Natural Resources Program staff’s coordinated funding strategy and current status is as
follows:
Waddell Funding Sources Status Amount
Environmental Enhancement & Mitigation Program Awarded $500,000
California Wildlife Conservation Board Pending $500,000
City Open Space Acquisition Fund, 2016-17
(Local Revenue Measure)
Budgeted $150,000
TOTAL $1,150,000
Approval of the items listed in the Recommendation of this Council Agenda Report are
necessary conditions precedent to the California Wildlife Conservation Board’s (WCB)
consideration of the City’s grant request of $500,000, anticipated at their Board Meeting on
November 16, 2016. If Council approves the Recommendation and the WCB grant is awarded,
staff will conduct due diligence inspections and procedures in coordination with the City
Attorney’s Office and complete the contractual arrangements described above in order to
purchase the property.
CONCURRENCES
The City Attorney’s Office has reviewed the agreements contemplated herein and concurs with
the Recommendation.
ENVIRONMENTAL REVIEW
Acquisition of the Waddell Ranch property is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) because it involves “acquisition of lands for fish
and wildlife conservation purposes including (a) preservation of fish and wildlife habitat… and
(c) preserving access to public lands and waters where the purpose of the acquisition is to
preserve the land in its natural condition” (§15313), and because it involves the “acceptance of
… fee interests in order to maintain the open space character of the area” (§15317).
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Once acquired, it is anticipated that Natural Resources Program staff will prepare an update of
the existing Irish Hills Natural Reserve Conservation Plan to include the Waddell Property,
along with a counterpart environmental review and determination, prior to any management
activities or property improvements that would constitute a Project under CEQA definitions
(§21065).
FISCAL IMPACT
Sufficient funds in the amount of $150,000 through the Local Revenue Measure (Measure G) are
available in the City’s Open Space Acquisition Fund No. 430 to support the transaction. Long-
term operating and maintenance costs are expected to be relatively modest, as the property would
be incorporated into the existing Irish Hills Natural Reserve which already enjoys trailhead
amenities and regular Ranger Service patrol. As the Waddell Ranch property is located in
unincorporated San Luis Obispo County, the City would be subject to annual property tax, albeit
at a restricted property tax rate due to the deed restrictions required by the grant making agencies
that will ensure the property remains in open space uses. Property tax es for City-owned open
space lands located in the County of San Luis Obispo are handled through the Natural Resources
Program operating budget. Longer-term property improvements and enhancements, such as the
opportunity to create a backcountry Ranger Station at the location of the old homesite area on the
property, would be developed in detail through the Conservation Plan process and included in
future two-year Financial Plans for Council consideration.
ALTERNATIVES
The City Council could:
1. Continue the item with specific direction if more information or discussion time is required
before taking action, although this is not recommended given time sensitivities associated
with the WCB Board Meeting taking place on November 16, 2016 and the overall timeline
anticipated for the transaction.
2. Deny the Recommendation.
Attachments:
a - Resolution
b - Purchase and Sale Agreement
c - Map Set
d - Photo Set
e - Letters of Support for EEM Grant
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R ______
RESOLUTION NO. ________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING ENTERING INTO A GRANT
AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION
BOARD, ENTERING INTO A PURCHASE AND SALE AGREEMENT
WITH THE TRUST FOR PUBLIC LAND, AND AUTHORIZING THE
ACQUISITION OF THE WADDELL RANCH PROPERTY IDENTIFIED
AS ASSESSOR PARCEL NO. 076-051-011 TOTALING
APPROXIMATELY 154 ACRES IN UNINCORPORATED SAN LUIS
OBISPO COUNTY
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands in the Conservation and Open Space Element of
the City of San Luis Obispo’s General Plan, and on October 12, 2016 the City’s Planning
Commission made General Plan Consistency Determination pursuant to Government Code
Section 65402; and
WHEREAS, the City of San Luis Obispo manages twelve open space areas totaling
approximately 3,500 acres, and now desires to acquire the approximately 154-acre Waddell
Ranch property for permanent open space conservation and passive recreation purposes; and
WHEREAS, the fair market value for the Waddell Ranch property as of February 25,
2016 is $1,100,000, as determined by an Appraisal Report prepared by Contour Valuation
Services; and
WHEREAS, the Trust for Public Land has reached an agreement to purchase the
property from the seller, Mr. W. Duane Waddell, and the Trust for Public Land will sell the
property to the City of San Luis Obispo for the appraised fair market value; and
WHEREAS, the City of San Luis Obispo will have successfully received grant funding
from the California State Natural Resources Agency in the amount of $500,000 and the
California Wildlife Conservation Board for the acquisition of the Waddell Ranch property in the
amount of $500,000.
NOW, THEREFORE, the City Council of the City of San Luis Obispo hereby:
1. Finds that acquisition of the Waddell Ranch property is exempt from the provisions of the
California Environmental Quality Act because it involves “acquisition of lands for fish
and wildlife conservation purposes including (a) preservation of fish and wildlife
habitat… and (c) preserving access to public lands and waters where the purpose of the
acquisition is to preserve the land in its natural condition” (§15313), as well as because it
involves the “acceptance of … fee interests in order to maintain the open space character
of the area” (§15317);
2. Finds that the subject property possesses high ecological and habitat value;
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R ______
3. Finds that the use of referenced grant funds for acquisition of the subject property is an
appropriate expenditure;
4. Adopts the Council Agenda Report and Recommendation for this item;
5. Authorizes the City Manager to sign the California Wildlife Conservation Board Grant
Agreement for acquisition of a fee simple interest in the Waddell Ranch property, subject
to final review by the City Attorney, and the acceptance of grant funds for the purpose of
acquisition of the subject property;
6. Authorizes the Mayor to sign the Purchase and Sale Agreement with Trust for Public
Land, subject to final review by the City Attorney, in order to facilitate the City of San
Luis Obispo’s purchase of the property;
7. Authorizes the Mayor to sign a Certificate of Acceptance of a fee simple title interest to
the subject property; and
8. Authorizes the City Manager to sign escrow documents and any other related documents
necessary to complete the transaction, and to do any and all acts necessary to carry out
this resolution and any recommendations made by the City Council.
9. Authorizes the expenditure of up to $150,000 from the City of San Luis Obispo’s Open
Space Acquisition Fund No. 430 towards the purchase of the property, as well as to
reimburse the Trust for Public Land for ancillary transaction costs in accordance with the
terms and provision of the Purchase and Sale Agreement.
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:
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Resolution No. _____ (2016 Series) Page 3
R ______
_____________________________________
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
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PURCHASE AND SALE AGREEMENT
(Waddell Ranch)
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of
________________, 2016 and entered into by and between THE TRUST FOR PUBLIC LAND, a
California nonprofit public benefit corporation (“Seller”) and THE CITY OF SAN LUIS OBISPO, a
California chartered city (“Buyer”).
Recitals
A. The addresses and telephone numbers of the parties to this Agreement are as
follows. Telephone numbers are included for information only.
SELLER: BUYER:
The Trust for Public Land
101 Montgomery Street, Suite 900
San Francisco, CA 94104
Attn: Becky Bremser, Project Manager
Tel: (415) 495-4014 ext. 275
Fax: (415) 442-0487
Email: becky.bremser@tpl.org
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: Robert Hill, Natural Resources Manager
Tel: (805) 781-7211
Fax: (805) 781-7109
Email: rhill@slocity.org
Copies of any notice to Seller should also be
sent to:
The Trust for Public Land
101 Montgomery Street, Suite 900
San Francisco, CA 94104
Attn: Tily Shue, Senior Counsel
Tel: (415) 495-4014 ext. 308
Fax: (415) 495-0541
Email: tily.shue@tpl.org
Copies of any notice to Buyer should also be sent
to:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: Christine Dietrick, City Attorney
Tel: (805) 781-7140
Fax: (805) 781-7109
Email: cdietrick@slocity.org
B. Seller has entered into an agreement (the "TPL-Landowner Purchase
Agreement”) with W. Duane Waddell, Trustee for the Waddell Family Trust, dated January 26,
1991 (“Landowner”), regarding Seller's desired acquisition of real property to be acquired from
said Landowner located in San Luis Obispo County, State of California, including that real
property more particularly described in Exhibit A attached hereto and incorporated herein by this
reference (the “Land”). Under the TPL-Landowner Purchase Agreement, Seller has the right,
subject to certain conditions, to acquire such real property, together with, to the extent owned by
Landowner, all tenements, hereditaments, and appurtenances, including all rights appurtenant to
it, including but not limited to access rights and oil, gas and mineral rights, development rights, air
rights, and all other rights, privileges, licenses, and permits in any way related to or accruing to
the use and benefit of that real property (collectively, the “Property Interests”). The Land and
the Property Interests relating to the Land are referred to in this Agreement collectively as the
"Property."
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C. Seller and Buyer have successfully received funding grants or are pursuing funding
grants from two separate public agency partners: California State Natural Resources Agency and
the California Wildlife Conservation Board (“Partners”) for the acquisition of the Property. The
total amount of these grants is One Million Dollars ($1,000,000) (“Funding Grants”).
D. Buyer wishes to purchase the Property from Seller once Seller has acquired the
Property on the terms and conditions set forth in this Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Purchase and Sale Agreement. For the consideration hereinafter set forth, but subject
to the terms, provisions, covenants and conditions herein contained, and subject to Seller’s
acquisition of the Property from Landowner, Seller hereby agrees to convey, and Buyer hereby
agrees to purchase and acquire, the Property. This Agreement shall be effective on the date that
it is signed by both parties hereto (the “Effective Date”).
2. Purchase Price. The total purchase price to be paid by Buyer to Seller for the Property
(the “Purchase Price”) is One Million One Hundred Thousand Dollars ($1,100,000), payable all
in cash. Collectively, the Purchase Price and the Funding Grants equal One Million One Hundred
Dollars ($1,100,000), which represent the fair market value of the Property, as set forth in the full
narrative market appraisal prepared by Kody Kester of Contour Valuation Services dated
February 25, 2016 (the “Appraisal”).
3. Property Condition.
3.1 Title.
(a) PTR. Seller has furnished to Buyer a preliminary title report dated as of
March 25, 2015 (the “PTR”) issued by the First American Title Company (“Title
Company”) and copies of all documents referred to as exceptions to title in the PTR.
Seller has contracted for and will provide to Buyer when complete a Phase I Environmental
Site Assessment (“Phase I ESA”) on the Property. The PTR and underlying documents
referred to therein, are referred to as the “Property Documents.” Buyer hereby
acknowledges and agrees that it has reviewed and approved the PTR. Buyer approves
of title exception matters numbered exception numbers 3, 4, 5, 6, and 7, in Schedule B of
the PTR, and the standard printed exceptions and exclusions from coverage of the policy.
All other exceptions shown in the PTR are referred to as the “Disapproved Exceptions,”
which shall not be reflected on Buyer’s title policy at the Close of Escrow. So long as no
new exceptions to title are reflected in any updated or supplemental PTR, then Buyer
agrees that it shall have no objections to any updated or supplemental PTR, other than
the Disapproved Exceptions, and will not terminate this Agreement pursuant to the
provisions of Section 3.4.
(b) Monetary Liens. In any event and notwithstanding anything to the contrary
herein, Seller shall provide that all monetary liens and encumbrances (except any
statutory liens for nondelinquent real property taxes) are removed from title on or prior to
the Close of Escrow.
3.2 Property Information. Seller has provided the Appraisal and the Property
Documents to Buyer. Seller has no additional information about the Property that has not been
provided to Buyer. When completed, Seller will provide the Phase I ESA to Buyer. Seller makes
no representation or warranties of any kind whatsoever to Buyer as to the accuracy or
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completeness of the content of any documents or other information delivered to Buyer, including,
without limitation, the accuracy or completeness of the content of the Property Documents.
3.3 Property Inspection. Except with Seller’s consent, Buyer shall not contact
Landowner regarding Buyer’s acquisition of the Property or in connection with its inspection of
the Property pursuant to this Section 3.3. Subject to Seller’s rights to enter the Property, from the
Effective Date to the earlier of the Close of Escrow or the termination of this Agreement, Buyer
shall have the right to physically inspect on a non-intrusive basis, and to the extent Buyer desires,
to cause one or more representatives, agents, employees or contractors of Buyer (collectively,
“Representatives”) to physically inspect, on a non-intrusive basis, the Property without interfering
with Landowner’s operation, if any, of the Property. Buyer shall notify Seller if a Phase II ESA,
lead paint, asbestos or other similar inspection or test is desired. Such inspections must occur
during normal business hours at times mutually acceptable to Buyer, Landowner, and Seller.
Buyer, through its designated representative, shall provide verbal notice to Seller by notifying
Seller by telephone or in person, at least ninety-six (96) hours before the desired entry on to the
Property. Buyer shall make all inspections in good faith and with due diligence. Seller shall
cooperate with Buyer in all reasonable respects in making such inspections (but without any
obligation to incur expenses).
3.4 Changes in Condition. The time period from the Effective Date to the Close of
Escrow shall be referred to as the “Term.”
(a) Seller’s Notice. This Agreement shall refer to any of the following events
as a “Change in Condition.”
(i) new exceptions to title which appear on any supplemental title
report issued by the Title Company during the Term (“Supplemental PTR”);
(ii) receipt by Seller of actual notice during the Term of damage or
destruction to the Property or any portion thereof which occurs during the Term;
(iii) receipt by Seller of actual notice during the Term of anything that
would materially impair the fair market value of the Property;
(iv) receipt by Seller of actual notice during the Term of (i) any potential
eminent domain proceedings or other litigation affecting all or a portion of the
Property, (ii) the commencement of such proceedings during the Term, or a (iii) a
taking during the Term of all or a portion of the Property by eminent domain; or
(v) receipt by Seller of information or change of circumstance which
would make Seller’s representations and warranties in Section 7 materially untrue
as of the Closing Date.
Seller shall notify Buyer of a Change in Condition promptly after Seller is aware of
such Change in Condition.
(b) Buyer’s Options. If a material Change in Condition occurs which would
prevent Buyer from using the Property for its intended use or which materially affects the
value of the Property, Buyer shall have the right, at its option, as set forth in written notice
delivered to Seller by the earlier of the end of the Term or ten (10) business days after
Seller notifies Buyer of the Change in Condition, to either (i) terminate this Agreement and
neither party shall have any further liability or obligation to the other except for Buyer’s
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obligations which are expressly intended to survive; or (ii) proceed with the purchase of
the Property, and accept the Property without remedy for the Change in Condition, without
any monetary credit, and without a reduction in the Purchase Price (except as set forth in
this paragraph). If Buyer does not deliver any notice to Seller within such ten (10) business
day period, Buyer shall be deemed to have elected option (ii) above. In the case of an
insured casualty, if Buyer does not terminate this Agreement and agrees to accept the
Property, all proceeds of any insurance payable to Seller by reason of such Change in
Condition shall be paid or assigned to Buyer. In the case of a condemnation/eminent
domain proceeding, if Buyer does not terminate the Agreement, the Purchase Price shall
be reduced by the total of any awards or other proceeds received or to be received by
Seller as a result of such proceedings or Buyer shall proceed to close with an assignment
by Seller of all Seller's right, title and interest in and to all such awards and proceeds.
4. Escrow and Closing.
4.1 Escrow Holder. Upon execution of this Agreement, the parties will open an escrow
with First American Title Insurance Company (the “Escrow Holder”), National Commercial
Services, 2755 Campus Drive, Suite 125, San Mateo, CA 94403, Attn: Erwin J Broekhuis,
Commercial Escrow Officer, Tel: 650.356.1729, Fax: 714.361.3573, email:
ebroekhuis@firstam.com, for the purpose of consummating the purchase and sale of the Property
in accordance with the terms hereof. Escrow shall close immediately following the close of escrow
under the TPL-Landowner Purchase Agreement, which is expected to be on or before
______________ 2016. The closing of the transaction shall be carried out pursuant to this
Section 4. Consummation of the transaction pursuant to this Section 4 shall be referred to as the
“Close of Escrow” and the date on which the Close of Escrow occurs as the “Closing Date.” The
Closing Date shall be no later than ______, 2016 unless extended by Seller and Buyer by mutual
agreement.
4.2 Documents.
(a) Seller’s Documents. At least one (1) business day prior to the Closing
Date, Seller shall deposit into Escrow:
(i) one (1) original duly executed, acknowledged and dated grant deed
in a form suitable for recordation, conveying to Buyer fee simple title to the Property
(“Grant Deed”), which shall be recorded in the Official Records of San Luis Obispo
County, California at the Close of Escrow, in substantially the form attached hereto
as Exhibit B;
(ii) one (1) original of an affidavit from Seller which satisfies the
requirements of Section 1445 of the Internal Revenue Code, as amended duly
executed by Seller in substantially the same form as set forth in attached Exhibit
C;
(iii) one (1) counterpart signature on the joint escrow instructions
between Buyer and Seller, which will be prepared consistent with the terms of this
Agreement;
(iv) one (1) California Form 593-C duly executed by Seller;
(v) any disclosures required by state law; and
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(vi) such other instruments and documents as may be reasonably
requested by Escrow Holder relating to Seller, to the Property and as otherwise
required to transfer the Property to Buyer pursuant to the terms and conditions of
this Agreement.
(b) Buyer’s Documents. At least one (1) business day prior to the Closing
Date, Buyer shall deposit into Escrow:
(i) one (1) counterpart signature on the joint escrow instructions
between Buyer and Seller, which will be prepared consistent with the terms of this
Agreement;
(ii) one (1) originally executed Certificate of Acceptance to be attached
to the Grant Deed;
(iii) one (1) originally executed preliminary change of ownership report;
and
(iv) such other instruments and documents as may be reasonably
requested by Escrow Holder as otherwise required to transfer the Property to
Buyer pursuant to the terms and conditions of this Agreement.
4.3 Funds. At least one (1) business day prior to the Closing Date, Buyer shall deposit
(or cause the acquisition funding sources to deposit) into Escrow by wire transfer in an amount
which shall equal the Purchase Price plus/minus any additional amounts necessary to cover
costs, credits and/or prorations under this Agreement. If amounts are sent by check rather than
wire transfer the checks must clear at least one (1) business day prior to the Closing Date.
(a) Prorations.
(i) All real and personal property taxes based on the most recent
property tax bills available, bonds, additional taxes, special assessments, rents,
issues and profits from the Property, and such other matters as the parties shall
instruct Escrow Holder shall be prorated as of the Close of Escrow, or cancelled
as of the date of Close of Escrow, if applicable.
(ii) Any tax bills received by Buyer after the Close of Escrow relating to
a period prior to the Close of Escrow shall be prorated between the parties as if
said tax bills had been available as of the Close of Escrow. The provisions of this
Section 4.3(a)(ii) shall survive the Close of Escrow.
(b) Closing Costs. Buyer shall pay the following closing costs: (i) the escrow
fee; (ii) all documentary tax, sales tax, or real property transfer tax, if applicable; and (iii)
the premium for the Title Policy (defined in Section 4.5 below). All other fees and charges
will be allocated according to custom of San Luis Obispo County, California. Each party
shall pay its own attorneys’ fees and other expenses incurred by it in connection herewith.
(c) Reimbursement. Buyer shall pay to Seller at Close of Escrow, an amount
not to exceed Fifty Thousand Dollars ($50,000) to reimburse Seller for its actual appraisal
costs, due diligence, and other professional services associated with the Property paid for
by Seller. Prior to the Closing Date, Seller will submit a demand approved by Buyer for
such amount to Escrow Holder before closing. Seller acknowledges that, in order for Buyer
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to approve such demand, Buyer shall require copies of all invoices and payments for all
costs subject to reimbursement.
4.4 Possession. Seller shall deliver possession of the Property to Buyer as of the
Close of Escrow.
4.5 Title Insurance Policy. Title to the Property shall be insured effective as of Close
of Escrow by a CLTA or ALTA standard owner’s policy of title insurance (the “Title Policy”) issued
by the Title Company with liability in the amount of the Purchase Price, insuring title to the Property
to be vested in Buyer, subject only to current real estate taxes and assessments not delinquent,
if applicable, and the approved exceptions to title as set forth in Section 3.1(a). Buyer agrees that
its only remedy arising by reason of any defect in title shall be against the Title Company.
4.6 Conditions to Closing. If, upon the Close of Escrow, any condition precedent set
forth in this Section 4.6 is not satisfied or waived by the party for whose primary benefit it exists
said benefited party may terminate this Agreement by written notice to the other party, and the
parties shall have no further obligation to each other under this Agreement except for Buyer’s
obligations which are expressly intended to survive.
(a) Buyer’s Conditions.
(i) All instruments and documents described in Section 4.2(a) have
been delivered to the Escrow Holder;
(ii) Title Company is in a position and is prepared to issue to Buyer the
Title Policy;
(iii) All representations and warranties made by Seller in Section 6
below shall be true and correct in all material respects as of the Closing Date; and
(iv) Seller shall have performed, observed, and complied with all
covenants, agreements and conditions required by this Agreement to be
performed, observed, or complied with by Seller prior to, or as of, the Closing Date.
(b) Seller’s Conditions.
(i) All instruments and documents described in Section 4.2(b) have
been delivered to the Escrow Holder;
(ii) All funds described in Section 4.3 have been delivered to the
Escrow Holder;
(iii) All representations and warranties made by Buyer in Section 7
below shall be true and correct in all material respects as of the Closing Date; and
(iv) Buyer shall have performed, observed, and complied with all
covenants, agreements, and conditions required by this Agreement to be
performed, observed, or complied with by Buyer prior to, or as of, the Closing Date;
(v) Seller shall have acquired fee title to the Property; and
(vi) Seller receives approval of the transaction which is the subject of
this Agreement by Seller's Board of Directors or Seller’s Project Review
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Committee, which approval is subject to said Board's or Committee’s sole
discretion.
(c) Final Verification of Condition. Buyer shall have the right to make a final
verification of the condition of the Property up to the Closing Date. Buyer’s right to verify
shall not be a contingency of sale but rather to confirm that the Property is substantially in
the same condition and that no Change in Condition has occurred.
5. Buyer’s Covenants.
5.1 No Interference. Except as provided herein, Buyer shall not interfere with or hinder
the operation of the Property prior to the delivery of possession thereof to Buyer at the Close of
Escrow.
5.2 Adequacy of Buyer’s Inspection. Buyer agrees that it will have had adequate
access to the Property and shall have had the opportunity to conduct any and all inspections of
the Property to its full and complete satisfaction. If Buyer acquires the Property from Seller, Buyer
acknowledges that it will be purchasing the Property with full knowledge of any and all conditions
of the Property. Buyer acknowledges that it is fully capable of evaluating the Property’s suitability
for Buyer’s intended use. Buyer agrees that (i) Buyer shall be solely responsible for determining
the status and condition of the Property (including the environmental condition of the Property);
(ii) Buyer is relying solely upon such inspections, examination, and evaluation of the Property by
Buyer in purchasing the Property.
5.3 AS-IS. The Property is being sold and conveyed hereunder and Buyer agrees to
accept the Property “AS IS,” “WHERE IS” and “WITH ALL FAULTS” and subject to any condition
which may exist, without any representation or warranty by Seller except as expressly set forth in
Section 6 hereof.
Buyer acknowledges and agrees that, other than the representations and warranties set
forth in Section 6 hereof, Seller makes no representations or warranties, express or implied, as
to the Property, the Property Documents or other information provided to Buyer, or the transaction
contemplated by this Agreement. Buyer acknowledges and agrees that, other than the
representations and warranties set forth in Section 6 hereof, no person acting on behalf of Seller
is authorized to make (and by the execution hereof, Buyer hereby agrees that no person has
made) any representation, agreement, statement, warranty, guaranty or promise regarding the
Property, the Property Documents or other information provided to Buyer, or the transaction
contemplated herein. Buyer acknowledges and agrees that no representation, warranty,
agreement, statement, guaranty, or promise, if any, made by any person acting on behalf of Seller
which is not contained in Section 6 below shall be valid or binding upon Seller. Buyer hereby
waives and relinquishes all rights and privileges arising out of, or with respect or in relation to,
representations, warranties or covenants (other than the representation and warranties set forth
in Section 6 hereof), whether express or implied, which may have been made or given, or which
may be deemed to have been made or given, by Seller. Buyer hereby further acknowledges and
agrees that warranties of merchantability and fitness for a particular purpose are excluded from
the transaction contemplated hereby, as are any warranties arising from a course of dealing or
usage of trade.
5.4 RELEASE. UPON THE CLOSE OF ESCROW, OTHER THAN WITH RESPECT
TO A BREACH OF AN EXPRESS REPRESENTATION OF SELLER AS SET FORTH IN
SECTION 6 HEREOF, BUYER HEREBY AGREES TO ASSUME ALL RISKS AND LIABILITIES
RELATED TO THE PROPERTY (INCLUDING AS RELATED TO THE
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PHYSICAL/ENVIRONMENTAL CONDITION OF THE PROPERTY, AND ITS VALUE, FITNESS,
USE OR ZONING) WHETHER DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN
OR UNFORESEEN, WHICH IN ANY WAY AND AT ANY TIME RELATE TO OR ARISE FROM
THE PROPERTY (INCLUDING AS RELATED TO THE PHYSICAL/ENVIRONMENTAL
CONDITION OF THE PROPERTY, AND ITS VALUE, FITNESS, USE OR ZONING). EXCEPT
FOR A BREACH OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION
6, BUYER HEREBY WAIVES AND RELEASES SELLER, ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, PARTNERS, PRINCIPALS, AGENTS, ATTORNEYS,
EMPLOYEES AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, JUDGMENTS,
LIABILITIES, PENALTIES, FINES, COSTS, EXPENSES, DEMANDS, LOSSES OR DAMAGES
(INCLUDING WITHOUT LIMITATION ATTORNEY FEES AND COSTS), WHETHER DIRECT OR
INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, WHICH IN ANY WAY
AND AT ANY TIME RELATE TO OR ARISE FROM THE PROPERTY (INCLUDING THE
PHYSICAL/ENVIRONMENTAL CONDITION OF THE PROPERTY, AND ITS VALUE, FITNESS,
USE OR ZONING).
Buyer’s Initials: _______
5.5 INDEMNITY. UPON THE CLOSE OF ESCROW BUYER AGREES TO
INDEMNIFY, DEFEND, PROTECT AND HOLD SELLER, ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, MEMBERS, PARTNERS, PRINCIPALS, AGENTS, ATTORNEYS AND
SUBSIDIARIES HARMLESS FROM ANY AND ALL INJURIES, LOSSES, LIENS, CLAIMS,
JUDGMENTS, LIABILITIES, PENALTIES, FINES, COSTS, DAMAGES, EXPENSES
(INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ACTUALLY
SUSTAINED BY SELLER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PRINCIPALS,
AGENTS, ATTORNEYS, EMPLOYEES OR SUBSIDIARIES WHICH RESULT FROM ANY
CLAIM, DEMAND, LIABILITY, LIEN, RIGHT OR CAUSE OF ACTION MADE, INSTITUTED OR
BROUGHT AT ANY TIME IN CONNECTION WITH BUYER’S OWNERSHIP OF THE
PROPERTY. SELLER SHALL GIVE BUYER PROMPT WRITTEN NOTICE OF ANY SUCH
CLAIMS TO WHICH BUYER’S INDEMNIFICATION OBLIGATION APPLIES, AND BUYER
THEREAFTER SHALL HAVE 120 CALENDAR DAYS IN WHICH TO PAY, SETTLE OR
COMPROMISE SUCH CLAIM OR TO NOTIFY SELLER IN WRITING THAT BUYER ACCEPTS
THE TENDER OF SUCH CLAIM, AT NO EXPENSE OR LIABILITY TO SELLER. SELLER
SHALL HAVE THE RIGHT TO PARTICIPATE, AT ITS OWN COST AND EXPENSE, IN THE
DEFENSE OF SUCH CLAIM. NO SUCH CLAIM MAY BE SETTLED OR COMPROMISED BY
BUYER OR SELLER WITHOUT FIRST OBTAINING WRITTEN APPROVAL OF THE
PROPOSED SETTLEMENT OR COMPROMISE FROM BUYER AND SELLER, WHICH
APPROVAL SHALL NOT BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
NOTWITHSTANDING ANYTHING SET FORTH IN THE INDEMNIFICATION
CONTAINED ABOVE, THE INDEMNITY BY BUYER OF SELLER SHALL NOT COVER
LIABILITY OF SELLER ARISING FROM PRIOR TO THE CLOSE OF ESCROW , OR ARISING
SOLELY FROM SELLER’S, ITS OFFICER’S, DIRECTOR’S, SHAREHOLDER’S, MEMBER’S,
PARTNER’S, PRINCIPAL’S, AGENT’S, ATTORNEY’S AND SUBSIDIARY’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
5.6 Signage. Buyer shall erect a dedication sign on the Property, which shall publicly
identify the California Natural Resources Agency and California Wildlife Conservation Board as a
supporter of the acquisition of the Property. Any project signage erected on the Property shall
also state, "The acquisition of this park site was completed with the help of The Trust for Public
Land, a non-profit land conservation organization.”
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NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS
AGREEMENT, THE PROVISIONS SET FORTH IN THIS SECTION 5 SHALL SURVIVE THE
CLOSE OF ESCROW.
6. Seller’s Representations and Warranties. Seller represents and warrants to Buyer that:
6.1 Power and Authority. Seller is duly organized and legally existing and is authorized
to do business in the State of California. Subject to Section 4.6(b)(vi), the execution and delivery
by Seller of, and Seller’s performance under, this Agreement is within Seller’s powers and have
been duly authorized by all requisite action, and the person executing this Agreement on behalf
of Seller has the authority to do so.
6.2 Valid Agreement. Subject to Section 4.6(b)(vi), this Agreement constitutes the
legal, valid and binding obligation of Seller, enforceable in accordance with its terms, subject to
laws applicable generally to applicable bankruptcy, insolvency, reorganization, moratorium, or
similar laws or equitable principles affecting or limiting the right of contracting parties generally.
6.3 No Breach. Performance of this Agreement by Seller will not result in a breach of,
or constitute any default under any agreement or instrument to which Seller is a party, which
breach or default will adversely affect Seller’s ability to perform its obligations under this
Agreement.
6.4 Foreign Person. Seller is not a “foreign person” within the meaning of Section
1445 of the Internal Revenue Code of 1986 (i.e., Seller is not a non-resident alien, foreign
corporation, foreign partnership, foreign trust or foreign estate as those terms are defined in the
Code and regulations promulgated thereunder).
6.5 Bankruptcy. Seller (a) is not in receivership or dissolution; (b) has not made any
assignment for the benefit of creditors; (c) has not admitted in writing its inability to pay its debts
as they mature; (d) has not been adjudicated a bankrupt; (e) has not filed a petition in voluntary
bankruptcy, a petition or answer seeking reorganization, or an arrangement with creditors under
the Federal Bankruptcy Law or any other similar law or statute of the United States or any state,
or (f) does not have any such petition described in Subparagraph (e) above filed against Seller.
6.6 Property Leases. As of the Closing Date, the Property is not subject to any leases
or tenancies.
7. Buyer’s Representations and Warranties. Buyer represents to Seller that:
7.1 Power and Authority. Buyer is a municipal corporation in the State of California.
The execution and delivery by Buyer of, and Buyer’s performance under, this Agreement are
within Buyer’s corporate powers and Buyer has the corporate authority to execute and deliver this
Agreement.
7.2 Valid Agreement. This Agreement constitutes the legal, valid, and binding
obligation of Buyer enforceable in accordance with its terms, subject to laws applicable generally
to applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable
principles affecting or limiting the rights of contracting parties generally.
7.3 No Breach. Performance of this Agreement will not result in any breach of, or
constitute any default under, any agreement or other instrument to which Buyer is a party, which
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breach or default will adversely affect Buyer’s ability to perform its obligations under this
Agreement.
7.4 No Bankruptcy. Buyer (a) is not in receivership or dissolution, (b) has not made
any assignment for the benefit of creditors, (c) has not admitted in writing its inability to pay its
debts as they mature, (d) has not been adjudicated a bankrupt, (e) has not filed a petition in
voluntary bankruptcy, a petition or answer seeking reorganization, or an arrangement with
creditors under the federal bankruptcy law, or any other similar law or statute of the United States
or any state, or (f) does not have any such petition described in (e) filed against Buyer.
8. Remedies.
8.1 Buyer’s Remedies. If Seller defaults in the performance of Seller’s obligations,
promises, or agreements under this Agreement, or if Seller breaches any of its representations
or warranties hereunder, Buyer, as its sole and exclusive remedy, may either (i) terminate this
Agreement and pursue Seller for actual damages and Seller shall not be liable to Buyer for any
punitive, speculative, or consequential damages; or (ii) bring an action for specific performance
of this Agreement. Buyer specifically acknowledges that it shall not have any remedy whatsoever
against Seller for any default by Seller under this Agreement unless Buyer is in full compliance
with all the terms and conditions hereof.
8.2 Seller’s Remedies. If Buyer defaults in the performance of any of Buyer’s
obligations, promises, or agreements under this Agreement or if Buyer breaches any of its
representations or warranties hereunder (“Buyer’s Default”), Seller shall be entitled to exercise
any remedy available to Seller by law or equity, including an action for specific performance and/or
an action for damages; provided however, Buyer shall not be liable to Seller for any punitive,
speculative, or consequential damages. Seller specifically acknowledges that it shall not have
any remedy whatsoever against Buyer for any default by Buyer under this Agreement unless
Seller is in full compliance with all the terms and conditions hereof
9. Miscellaneous.
9.1 No Broker. Each party represents to the other that it has not used a real estate
broker or finder in connection with this Agreement or the transaction contemplated by this
Agreement. If any person asserts a claim for a broker's commission or finder's fee against one
of the parties to this Agreement, the party on account of whose conduct the claim is asserted shall
indemnify and hold the other party harmless from and against any and all losses, liens, claims,
judgments, liabilities, costs, expenses or damages (including reasonable attorneys’ fees and court
costs) of any kind or character arising out of or resulting from any agreement, arrangement or
understanding alleged to have been made by such party or on its behalf with any broker or finder
in connection with this Agreement or the transaction contemplated hereby.
9.2 Notices. All notices, requests, demands, approvals, consents or other
communications required or permitted by this Agreement shall be addressed as set forth in Recital
A, shall be in writing and shall be sent by (a) nationally recognized overnight courier, or
(b) facsimile or email shall be deemed received (i) if delivered by overnight courier, when received
as evidenced by a receipt, or (ii) if given by facsimile or email, when sent provided the sender
receives no indication that the transmission was not successful. Any notice, request, demand,
direction, or other communication sent by facsimile must also be sent within forty-eight (48) hours
delivered in accordance with the clause (a) above. Buyer and Seller hereby agree that notices
may be given hereunder by the parties’ respective counsel and that, if any communication is to
be given hereunder by Buyer’s or Seller’s counsel, such counsel may communicate directly with
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all principals as required to comply with the provisions of this Section. Notice of change of address
shall be given by written notice and in the manner detailed in this Section 9.2. Rejection or other
refusal to accept or the inability to deliver because of changed address of which no notice was
given shall be deemed to constitute receipt of the notice, demand, request or other communication
sent.
9.3 Assignment. Buyer may not assign its rights under this Agreement, and any
assignment by Buyer in contravention of this provision shall be void and shall not relieve Buyer of
its obligations and liabilities hereunder.
9.4 Section Headings. The Section headings contained in this Agreement are for
convenience only and shall in no way enlarge or limit the scope or meaning of the various and
several Sections hereof.
9.5 Entire Agreement. This Agreement embodies the entire agreement between the
parties hereto and supersedes any prior understandings or written or oral agreements between
the parties concerning the Property.
9.6 Independent Counsel. Each party to this Agreement has substantial experience
with the subject matter of this Agreement and has each fully participated in the negotiation and
drafting of this Agreement and has had the opportunity to be advised by counsel of its choice with
respect to the subject matter hereof. Accordingly, this Agreement shall be construed without
regard to the rule that ambiguities in a document are to be construed against the drafter.
9.7 Applicability. The terms and provisions of this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective permitted successors and
assigns, except as expressly set forth herein.
9.8 Time. TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THE PARTIES’
OBLIGATIONS UNDER THIS AGREEMENT.
9.9 Counterpart Execution; Facsimile. This Agreement may be executed in multiple
counterparts, each of which shall be deemed to be an original and all of which together shall
constitute one document. This Agreement may also be executed and delivered via facsimile or
email and a facsimile signature or a scanned copy of a signature delivered by email shall have
the same legal effect as an original signature.
9.10 Applicable Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of California.
9.11 Time Calculations. Should the calculation of any of the various time periods
provided for herein result in an obligation becoming due on a Saturday, Sunday or legal holiday,
then the due date of such obligation or scheduled time of occurrence of such event shall be
automatically extended until the next business day.
9.12 Merger Provision. Except as expressly set forth herein, any and all rights of action
of Buyer for any breach by Seller of any representation, warranty or covenant contained in this
Agreement shall merge with the Grant Deed and other instruments executed at Close of Escrow,
shall terminate at the Close of Escrow and shall not survive the Close of Escrow. All other
provisions of this Agreement which are intended by their terms to survive the Close of Escrow or
a termination of this Agreement shall survive the Close of Escrow or a termination of this
Agreement.
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9.13 Further Assurances. Buyer and Seller agree to execute all documents and
instruments reasonably required in order to consummate the purchase and sale herein
contemplated and to do such further acts as may be necessary, desirable, or proper to carry out
more effectively the purposes of this Agreement.
9.14 Severability. If any portion of this Agreement is held to be unenforceable by a court
of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
9.15 Amendments. This Agreement may be amended only by written agreement signed
by both of the parties hereto.
9.16 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are
incorporated into this Agreement by reference.
9.17 No Waiver. No waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party
making the waiver.
9.18 Attorneys’ Fees. With regard to any dispute arising out of or relating to this
Agreement, the prevailing party shall be entitled to recover all reasonable costs, charges, and
expenses, including attorneys’ fees and expert costs and fees, expended or incurred in
connection therewith
IN WITNESS WHEREOF, the parties have executed this Agreement of Purchase and Sale
as evidenced by their respective signatures below.
SELLER
THE TRUST FOR PUBLIC LAND,
a California nonprofit public benefit corporation
By:
Tily Shue, Senior Counsel
Date:
BUYER
City of San Luis Obispo,
a California charter city
By:
Katie Lichtig, City Manager
Date:
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ATTEST:
______________________________
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
____________________________
Christine Dietrick, City Attorney
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Exhibit A, Page 1
EXHIBIT A
Legal Description of the Real Property
Real property in the Unincorporated Area of the County of San Luis Obispo, State of California,
described as follows:
PARCEL 1:
LOT 1 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 AND
LOT 1 OF SECTION 5 ALL IN TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE
AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND RETURNED TO THE GENERAL LAND
OFFICE BY THE SURVEYOR GENERAL.
(CERTIFICATE OF COMPLIANCE RECORDED APRIL 30, 1984 AS INSTRUMENT NOS. 1984-21812
AND 1984-21813, BOTH OF OFFICIAL RECORDS.)
PARCEL 2:
GOVERNMENT LOTS 2, 3 AND 4 OF SECTION 8 IN TOWNSHIP 31 SOUTH, RANGE 12 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND RETURNED
TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL.
(CERTIFICATE OF COMPLIANCE RECORDED APRIL 30, 1984 AS INSTRUMENT NO. 1984-21814
OF OFFICIAL RECORDS.)
APN: 076-051-011
14.b
Packet Pg. 169 Attachment: b - Purchase and Sale Agreement (1473 : Waddell Ranch Open Space Acquisition)
Exhibit B, Page 1
EXHIBIT B
Form of Grant Deed
Recording Requested By and
When Recorded Mail to:
____________________________
____________________________
____________________________
Attn: ______________________
MAIL TAX STATEMENTS TO:
____________________________
____________________________
____________________________
Attn: ______________________
GRANT DEED
Assessor Parcel Numbers: 076-051-011
For valuable consideration, receipt of which is acknowledged, The Trust for Public Land,
a California nonprofit public benefit corporation (“Grantor”), hereby grants to the City of San Luis
Obispo, a California chartered city (“Grantee”), the real property in the County of San Luis Obispo,
State of California, described in Exhibit A attached hereto and made a part hereof (the
“Property”).
TOGETHER WITH all of the right, title, and interest in all minerals and mineral rights of
every name, nature, kind and description including coal, oil, gas, petroleum and the products
thereof and to the geothermal rights which are owned by GRANTOR and which are upon or
appurtenant to said land.
TOGETHER with the tenements, hereditaments, and appurtenances thereunto belonging
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof.
This conveyance is an AS-IS transaction and is also subject to all other matters appearing
of record or known to Grantee that can be ascertained by an inspection of said Property and is
made without any warranty expressed or implied as to the suitability of said Property for any
purpose.
14.b
Packet Pg. 170 Attachment: b - Purchase and Sale Agreement (1473 : Waddell Ranch Open Space Acquisition)
Exhibit B, Page 2
IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed.
Dated: ___________, 201_.
GRANTOR:
THE TRUST FOR PUBLIC LAND, a
California nonprofit public benefit corporation
By: _________________________
Tily Shue, Senior Counsel
14.b
Packet Pg. 171 Attachment: b - Purchase and Sale Agreement (1473 : Waddell Ranch Open Space Acquisition)
Exhibit B, Page 3
EXHIBIT A
TO
GRANT DEED
LEGAL DESCRIPTION
Real property in the Unincorporated Area of the County of San Luis Obispo, State of California,
described as follows:
PARCEL 1:
LOT 1 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 AND
LOT 1 OF SECTION 5 ALL IN TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE
AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND RETURNED TO THE GENERAL LAND
OFFICE BY THE SURVEYOR GENERAL.
(CERTIFICATE OF COMPLIANCE RECORDED APRIL 30, 1984 AS INSTRUMENT NOS. 1984-21812
AND 1984-21813, BOTH OF OFFICIAL RECORDS.)
PARCEL 2:
GOVERNMENT LOTS 2, 3 AND 4 OF SECTION 8 IN TOWNSHIP 31 SOUTH, RANGE 12 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID LAND RETURNED
TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL.
(CERTIFICATE OF COMPLIANCE RECORDED APRIL 30, 1984 AS INSTRUMENT NO. 1984-21814
OF OFFICIAL RECORDS.)
APN: 076-051-011
14.b
Packet Pg. 172 Attachment: b - Purchase and Sale Agreement (1473 : Waddell Ranch Open Space Acquisition)
Exhibit C, Page 1
EXHIBIT C
Form of Non-foreign Affidavit
CERTIFICATION BY ENTITY TRANSFEROR
THAT IS NOT A FOREIGN CORPORATION,
PARTNERSHIP, TRUST OR ESTATE
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real
property interest must withhold tax if the transferor is a foreign corporation, partnership, trust, or
estate. To inform the transferee that withholding of tax is not required upon the disposition of a
U.S. real property interest by THE TRUST FOR PUBLIC LAND, a California nonprofit public
benefit corporation (“Transferor”), the undersigned hereby certifies the following, on behalf of
Transferor:
a. Transferor is not a foreign corporation, foreign partnership, foreign trust, or
foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax
Regulations);
b. The U.S. employer identification number of Transferor is 23-7222333; and
c. Transferor’s office address is: 101 Montgomery Street, Suite 900, San
Francisco, CA 94104
Transferor understands that this certification may be disclosed to the Internal Revenue
Service by the transferee and that any false statement contained herein could be punished by
fine, imprisonment, or both.
Under penalty of perjury, I declare that I have examined this certificate and to the best of
my knowledge and belief, it is true, correct, and complete.
Dated: ____________, 201_.
TRANSFEROR:
THE TRUST FOR PUBLIC LAND,
a California nonprofit public benefit corporation
By:
Tily Shue, Senior Counsel
14.b
Packet Pg. 173 Attachment: b - Purchase and Sale Agreement (1473 : Waddell Ranch Open Space Acquisition)
Map Set – Waddell Ranch
14.c
Packet Pg. 174 Attachment: c - Map Set (1473 : Waddell Ranch Open Space Acquisition)
Map Set – Waddell Ranch
14.c
Packet Pg. 175 Attachment: c - Map Set (1473 : Waddell Ranch Open Space Acquisition)
Photo Set – Waddell Ranch
The Waddell Ranch as seen from the City’s existing Irish Hills Natural Reserve
The upper valley and pond area of the Waddell Ranch with Los Osos Valley and Morro Bay in the far background
14.d
Packet Pg. 176 Attachment: d - Photo Set (1473 : Waddell Ranch Open Space Acquisition)
Letters of Support
14.e
Packet Pg. 177 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
14.e
Packet Pg. 178 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
14.e
Packet Pg. 179 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
14.e
Packet Pg. 180 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
14.e
Packet Pg. 181 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
14.e
Packet Pg. 182 Attachment: e - Letters of Support for EEM Grant (1473 : Waddell Ranch Open Space Acquisition)
Meeting Date: 10/18/2016
FROM: Deanna Cantrell, Police Chief
Prepared By: Jeff Smith, Police Lieutenant
SUBJECT: DONATION ACCEPTANCE – POLICE COMMAND TRAILER
RECOMMENDATION
Authorize the Police Department to accept the donation of a Command Trailer from the Arroyo
Grande Police Department. This trailer would be used by the Police Department, Fire
Department and Regional SWAT Team for emergency operations within the City of San Luis
Obispo.
DISCUSSION
The City of San Luis Obispo currently does not have a mobile command trailer that will be
utilized for emergency operations within the city. A command trailer can serve as a temporary
emergency operations center during critical incidents. The proposed command trailer will be
ready to deploy at a moment’s notice with the use of electronics, communication equipment,
computers and facilities necessary for a fully functional command center. Some uses for the
command trailer would include Emergency Operations Center, Disaster Recovery, DUI Stings,
Tactical Response, HazMat, Arson Investigation, Accident Reconstruction and possible use as a
mobile Dispatch/Communications Center.
The San Luis Obispo Police Department was contacted by the Arroyo Grande Police Chief,
stating that he wanted to donate a command trailer which his department received through a DUI
grant. They have concluded their grant obligations and will be receiving a new command trailer
from the San Luis Obispo Sheriff’s Department. Chief Annibali is aware the City of San Luis
Obispo does not currently possess a command trailer. If Council approves the proposed donation
Chief Annibali will continue with the approval processes through Arroyo Grande’s City Council.
The Proposed Donation
The proposed donation is for a 2011 Pace American 24-foot command trailer. The command
trailer comes equipped with:
a. Bathroom with functioning sink
b. Ceiling mounted air conditioner
c. Temperature controlled heater system
d. Water pump with heating system
e. Refrigerator
f. Microwave
g. 4000 kilowatt generator (newly purchased in 2016)
h. Sanyo flat screen television
i. Three TK890 Kenwood Radio Communication Systems
j. Exterior LED spotlight
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Packet Pg. 183
k. Workstation
l. 20 foot retractable awning
m. Swing up rear ramp
CONCURRENCES
Fleet Maintenance and Police Department staff concur with the recommendation to accept this
donation for the Regional SWAT Team, police and fire emergency operations within the City of
San Luis Obispo.
FISCAL IMPACT
Per the City’s Donation Policy, all donations exceeding $5,000 in value must be accepted with
approval by City Council. The command trailer will enhance the capabilities of the Police
Department and Fire Department in the field during emergency operations. The proposed
donation estimated valued is $30,000. The Police Department is recommending the Council
accept this donation.
If this donation is accepted the command trailer will be added to the City’s current fleet. There
will be minimal added expense for general vehicle maintenance. Please refer to Attachment A
for the agreed maintenance fleet will perform.
Upon accepting the command trailer, it will need to be wrapped with identifying information and
City logos. The estimated cost is $4,500. This expense will be absorbed within the Police
department’s operating budget for FY 2016-17.
The Police Department will work with Information Technology staff to have a mobile docking
station installed in the command trailer, this will cost an estimated $400 which will also be
absorbed within the Police budget.
ALTERNATIVES
Deny the Donation. The City Council could choose to deny the donation of the command trailer.
Staff does not recommend this option. The Police Department has recently been looking into
adding a command trailer to the police fleet. This would be a large expense. With the donation
of the Arroyo Grande command trailer the City would be saving a significant amount of money.
Attachments:
a - Memorandum from Fleet
b - Donation Policy
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Packet Pg. 184
MEMORANDUM
DATE: September 20, 2016
TO: San Luis Obispo Police Department
FROM: Isaac Shuck, Fleet Maintenance Supervisor
SUBJECT: Fleet Expansion, Mobile Command Center Enclosed Trailer
In regards to the mobile command center enclosed trailer being donated to the City of San Luis Obispo
Police Department, Fleet Services has established items of responsibility.
Fleet Services WILL BE responsible for maintenance, repairs, inspection, and service to the following:
1. Frame, frame rails, and outer structure.
2. Door hinges and locks.
3. Trailer tongue and hitch assembly, trailer jack, safety chains, and safety breakaway.
4. Trailer safety light hardware.
5. Electrical components pertaining to the trailer lights and trailer brakes.
6. On board generator including the propane tanks and fuel lines.
7. Tires, wheels, brakes, and axles.
Fleet Services WILL NOT be responsible for maintenance, repairs, inspection, and service to the
following:
1. Appliances (A/C Unit, Refrigerator, Microwave, Heater, etc.), monitors, interior and exterior
lighting and any associated cabling and electrical.
2. Shelving, cabinetry, or windows.
3. Radios, antennas, radio accessories, and any associated radio cabling or electrical.
4. Computers, computer equipment, printers, and any associated data cabling or electrical.
5. Restroom, restroom fixtures, holding tank, and plumbing.
6. Decal wrap removal or installation.
7. Damage due to collisions, negligence, accidents, or natural catastrophes.
8. Propane fuel usage and filling.
15.a
Packet Pg. 185 Attachment: a - Memorandum from Fleet (1470 : Donation Acceptance - Police Command Trailer)
Section 760
DONATION POLICY
745-1
15.b
Packet Pg. 186 Attachment: b - Donation Policy (1470 : Donation Acceptance - Police Command Trailer)
Donation Policy
745-2
Donation Policy
745-2
15.b
Packet Pg. 187 Attachment: b - Donation Policy (1470 : Donation Acceptance - Police Command Trailer)
Page intentionally left
blank.
Meeting Date: 10/18/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: David Athey, Supervising Civil Engineer, CIP Design
SUBJECT: HIGHWAY BRIDGE PROGRAM GRANT APPLICATIONS
RECOMMENDATION
Adopt a resolution authorizing the Director of Public Works, or his designee, to submit grant
applications to the Federal Highway Administration Bridge Program administered by the
California State Department of Transportation for funding to upgrade the Madonna Road, Chorro
Street, and Nipomo/Peach Bridges.
DISCUSSION
The Federal Highway Administration’s Bridge Program (Bridge Program) provides matching
and non-matching grant funding for bridge upgrades or replacement. City bridges must either be
functionally obsolete or structurally deficient in order to qualify for grant funding. An example
of a functionally obsolete bridge would be one that is narrow and does not include sidewalks or
bike lanes. An example of a structurally deficient bridge is one where the structure has degraded
to the point where it is necessary to replace the bridge in-lieu of repair. The Madonna Road,
Chorro Street and Nipomo/Peach Street Bridges are classified by the California State Department
of Transportation (Caltrans) as functionally obsolete due to width and other non-structural
components. Therefore, these bridges are currently eligible for Bridge Program funding.
However, the State recently announced that the grant eligibility criteria would change on October
1, 2016.
Caltrans notified City staff that they will no longer accept grant applications for upgrading or
replacement of functionally obsolete bridges as of October 1, 2016. Caltrans also indicated they
would continue to accept functionally obsolete bridge applications up to October 1, 2016.
Therefore, staff submitted placeholder applications (Attachments A, B, and C) in September in
order to maintain Bridge Program eligibility. This ensured that the three bridges can be
authorized for future funding as it becomes available in the Bridge Program. Council may
determine that funding bridge upgrades through the Bridge Program grant funds is not a
currently a City priority, in which case the applications may be withdrawn. Future Bridge
Program grant funding eligibility would likely be available when the bridges h ave structurally
decayed to the point the bridges are considered structurally deficient.
The City has 27 bridges that are reviewed and inspected by the State. In addition, the City has
seven pedestrian bridges and three vehicle bridges that do not qualify for State review and
inspection. The State does not review and inspect non-vehicular bridges off the road system, and
the three vehicular bridges are not inspected because of their size. The three bridges that are the
subject of this report are reviewed and inspected by the State.
16
Packet Pg. 188
CONCURRENCES
Public Works Transportation concurs with this action and the recommendation to submit the
grant application paperwork.
ENVIRONMENTAL REVIEW
This action is not subject to the requirements of the California Environmental Quality Act as it is
not a project as defined by that statute. However, the City will comply with both State and
Federal requirements for environmental review during the design and permitting phase and prior
to construction of a future project.
FISCAL IMPACT
There are no future General Fund impacts associated with the submission of the three Bridge
Program grant applications. If the grants are funded by the Bridge Program, the City’s share of
the bridge upgrade cost is estimated at approximate $625,000 over several fiscal years. Staff
will return to Council to appropriate funds during the 2017-19 Financial Plan process. This will
enable Council the ability to accept or reject the grant funding, if awarded, as the City is not
obligated to accept the grant funding.
ALTERNATIVES
The Council could direct staff to withdraw up to all three bridge placeholder grant applications.
This would mean that the City would not be able to benefit from the Bridge Program funding.
Staff believes it will be some time before the opportunity to apply for these funds is available to
the City and does not recommend this action.
Attachments:
a - Resolution HBR Grant
b - Council Reading File - Madonna Road Bridge
c - Council Reading File - Chorro Street Bridge
d - Council Reading File - Nipomo-Peach Bridge
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R ______
RESOLUTION NO. XXXX (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THREE APPLICATIONS TO
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
BRIDGE PROGRAM FUNDING FOR THE MADONNA ROAD,
CHORRO, AND NIPOMO/PEACH BRIDGES
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the Highway
Bridge Program (HBP); and
WHEREAS, the California Department of Transportation (hereinafter referred to as
“Caltrans”) has notified the City of changes to its Local Highway Bridge Program (HBP)
Guidelines that will affect the eligibilities of certain bridge projects for federal funding under the
HBP program; and,
WHEREAS, the City of San Luis Obispo wishes to submit three bridge grant
applications to obtain from Caltrans an allocation of HBP funds; and
WHEREAS, the funding criteria for replacement of Functionally Obsolete bridges due to
bridge deck geometrics changed as of October 1, 2016; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
1. Approve the submittal the HBP applications for the Madonna Road, Chorro Street and
Nipomo/Peach Street bridges to Caltrans in order to maintain eligibility with the HBP program
requirements.
2. The City of San Luis Obispo authorizes the Public Works Director, or his designee, to
execute in the name of the City of San Luis Obispo, the application and all other documents
required by Caltrans for participation in the HBP program, and any amendments thereto. In
addition, the City of San Luis Obispo authorizes the Director of Public works or his designee to
submit payment requests, provide status updates and provide program/project closeout
documents to facilitate grant award.
Upon motion of , seconded by , and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2016.
16.a
Packet Pg. 190 Attachment: a - Resolution HBR Grant (1472 : Highway Bridge Program Grant Applications)
Resolution No. XXXX (2016 Series) Page 2
____________________________________
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
16.a
Packet Pg. 191 Attachment: a - Resolution HBR Grant (1472 : Highway Bridge Program Grant Applications)
Meeting Date: 10/18/2016
FROM: Michael Codron, Community Development Director
Prepared By: Jenny Wiseman, Acting Housing Programs Manager
SUBJECT: ALLOCATE UP TO $300,000 FROM THE AFFORDABLE HOUSING FUND
FOR THE PURCHASE AND RESALE OF AN AFFORDABLE HOUSING
UNIT LOCATED ON 867 HUMBERT AVENUE, WITHIN THE MOYLAN
TERRACE DEVELOPMENT PROJECT.
RECOMMENDATION
1. Approve up to $300,000 from the Affordable Housing Fund to purchase, and resell, an
affordable housing unit located at 867 Humbert, and appropriate funds accordingly; and
2. Authorize the City Manager to execute documents as required to implement the purchase,
and eventual sale of 867 Humbert Ave.
DISCUSSION
On October 4, 2016, the City Council authorized staff to move forward with a settlement
agreement to purchase an affordable housing unit which is in default of the City’s Equity Share
Affordable Housing Program. By entering into the settlement agreement with the owner, the City
can maintain the affordability of the unit by purchasing and reselling the unit to a certified
moderate-income household.
Reasoning for City Involvement
The settlement agreement to purchase 867 Humbert Avenue is the result of the owner being in
default under the Equity Share Agreement, the Note, and Deed of Trust for failing to occupy the
Property as his sole principal place of residence and for renting the property to a third party.
Various complaints about the unit were received by the City in August 2016. The City worked
closely with the Housing Authority of San Luis Obispo (HASLO) to determine if the unit was in
compliance with the City’s Affordable Housing Program. Once sufficient evidence of non-
compliance was determined, the owner was given a 30-day notice to cure all violations. Due to
the homeowner residing in a foreign country and being unable to cure, a decision was reached
with the property owner to enter into a settlement agreement to avoid the City foreclosing on the
unit.
If the owner had not agreed to enter into the settlement agreement and instead chose to sell the
unit at market rate, or if City proceeded with foreclosure, the unit’s deed restriction would have
been removed and the City would not have the opportunity to sell to another moderate income
buyer to maintain the unit’s affordability. This unit has only been in the Equity Share Program
for one year and it is staff’s goal to keep this unit affordable as the intent of the Equit y Share
Program is to encourage, and award with equity, long term affordable homeownership.
17
Packet Pg. 192
Conformance with General Plan
The purchase, and resale of this unit is consistent with General Plan Housing Element Programs
and Policies: 2.12, 3.2, and 3.12; which focus on discouraging removal of affordable housing,
and monitoring affordable housing at risk of being converted to market rate housing. In addition,
on October 12, 2016, the Planning Commission found the acquisition and resale of 867 Humbert
to be in conformance with the General Plan.
Previous City Involvement in Purchasing Affordable Housing
In 2009, the City purchased an affordable unit on Sacramento Drive (Attachment A) in a short
sale to avoid foreclosure and maintain its affordability. The City rented the unit to a qualified
household that expressed interest in purchasing the unit however, the tenant’s financial situation
precluded the transaction from occurring and the property was vacated. At that point, and due to
the existing economic recession conditions, no eligible household could be found to purchase the
unit and the City had to sell the unit at market rate and the funds from the sale were put back into
the City’s affordable housing fund.
Staff and HASLO are confident that 867 Humbert will be purchased by a qualified moderate
income buyer as several pre-approved households are currently on a ‘waiting’ list from previous
Moylan Terrace phases over the past five years. Due to the amount of qualified households,
HASLO will conduct a lottery to identify a buyer.
Property Acquisition Cost
The property was purchased by the current owner for $291,375 in September 2015, with a first
mortgage in the amount of $286,000. The unit appraised for $401,000 at that time, with similar
units now selling for over $450,000. The property will be purchased by the City for the amount
owed on the first mortgage, an amount not to exceed $283,302.45. The current owner shall be
responsible for closing costs associated with this transaction, including, but not limited to, the
following: the escrow fee; all documentary tax, sales tax, or real property transfer tax, if
applicable; and the premium for the Title Policy.
The unit will then be re-sold to an eligible moderate-income household (Attachment B) for
$291,375, the maximum sales price allowed for a two-bedroom moderate income unit. Closing
costs for this transaction are expected to be approximately $15,000, including broker’s fees, and
will be partially recovered through the difference between the purchase price and higher sale
price currently allowed by the City’s Affordable Housing Guidelines. The entire process is
expected to cost the City less than $8,000 in Affordable Housing Funds after all closing costs
and remaining fees are accounted for.
Next Steps
At the end of the forty-five (45) day escrow period, assuming all conditions precedent are
satisfied, title to 867 Humbert will be transferred to the City of San Luis Obispo. The City will
then proceed with the sale of the unit to a certified moderate income household. Once a purchase
agreement has been signed, the City will prepare a new Equity Share Agreement for the
homebuyer.
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Packet Pg. 193
An Equity Share Agreement is preferred over a Long Term Affordable Housing Agreement as
lenders find it difficult to, or are no longer willing to finance units under a long term deed
restriction similar to the City’s Long Term Affordable Housing Program. The Equity Share
Program allows the homeowner flexibility in sale and allows them to earn equity in the home
based on the length of time they live in the unit.
Status of the Affordable Housing Fund
The current balance of the Affordable Housing Fund is $2,848,000 (Attachment C). The City
Council has approved commitments of $1,276,228 leaving a balance of $1,571,772 available to
allocate to new projects. There are currently no pending proposals.
The purchase price for the home will be $283,302. When the home is resold to a certified
moderate income household for $291,375, another escrow will be opened and staff expects the
closing costs from the sale to be less than $15,000. Staff is requesting that the Council allocate a
maximum of $300,000 to the property to cover those closing costs and any other unexpected
costs, such as maintenance items that may arise while the City owns the home.
After purchase, the AHF balance will be approximately $1,288,470; once the City sells the unit
back to a new moderate income household and pays share of closing costs, the balance will be
approximately $1,563,147. Based on recent building permit activity, Affordable Housing Funds
used to pay any closing costs not covered by the sales price will be restored to the AHF by early
2017.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061 (b)(3) General Rule of the
CEQA Guidelines. The project is an action to authorize funds for purchase and sale of an
existing dwelling unit. It can be seen with certainly that the proposed action to award funding
will have no significant effect on the environment. No changes to land use or existing use will
occur.
FISCAL IMPACTS
The recommended allocations would be paid out of the AHF, which consists of in -lieu fees
collected under the City’s Inclusionary Housing Ordinance. The fund may only be used for
projects or purposes that create or support affordable housing within the City of San Luis
Obispo. Based on prior expenditures and pending commitments, there will be a balance of
$1,288,470 remaining in the AHF after this award prior to City reselling this unit. The project
will have no impact on the General Fund.
ALTERNATIVES
1. Do not authorize affordable housing funds for the purchase of unit. This action is not
recommended because the unit will be sold at market rate and the deed-restriction for
affordability will be lost.
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Packet Pg. 194
2. Authorize affordable housing funds for purchase of the unit but require the unit be sold at
market value. This action is not recommended because the wait list for moderate income
units has several qualified households and affordable ownership units are in high
demand.
3. Authorize affordable housing funds for purchase of the unit but require the unit be sold at
a price other than moderate income or market rate. This action is not recommended
because the wait list for moderate income units has several qualified households and
affordable ownership units are in high demand.
4. Continue consideration of the authorization of funds. The City Council can direct staff to
return with additional information regarding the fund authorization so that a final
decision can be made.
Attachments:
a - City of San Luis Obispo 2009 Purchase of Affordable Unit
b - 2016 City of San Luis Obispo Affordable Housing Standards
c - Affordable Housing Fund Status as of 09-26-2016
17
Packet Pg. 195
counci l.agenOa 12epoit
Meeting D
Item Numbe rc~a
C I T Y O F S A N L U I S O B I S P O
FROM :
John Mandeville, Community Development Directo r
Prepared By :Michael Codron, Housing Programs Manage r
SUBJECT : ALLOCATE $325,000 FROM THE AFFORDABLE HOUSING FUND FO R
THE PURCHASE OF AN AFFORDABLE HOUSING UNIT LOCATED O N
3591 SACRAMENTO DRIVE, UNIT #53, WITHIN THE BROAD STREE T
MIXED USE PROJECT .
RECOMMENDATIO N
Approve the use of $325,000 from the Affordable Housing Fund to purchase an affordabl e
housing unit located on 3591 Sacramento Drive, Unit #53, and appropriate funds accordingl y
Situatio n
On June 7, 2009, during a closed session meeting of the City Council to discuss real estat e
negotiations, staff presented the Council with an opportunity to prevent the imminent foreclosur e
of an existing affordable housing unit . The owners had not made payments in several month s
and the City's efforts to assist in the sale of the unit to a new, income-eligible owner could not b e
completed in time for a bank sale that was scheduled to occur on June 16, 2009 .
As a result of the pending bank sale, the Council provided staff with the following direction t o
ensure that the unit remains affordable :
1.Allocate a maximum of $325,000 towards a foreclosure prevention program to allo w
the City to purchase and resell the inclusionary housing unit located on 359 1
Sacramento Drive #53 .
2.Authorize the City Manager to execute documents as required to implement thi s
purchase .
If the property had been sold at auction, the City would have lost the deed restrictions that wer e
obtained from the original developer at the time of construction, which provide for the long-ter m
affordability of the unit . However, based on the Council's direction, City staff was able to mov e
forward with the property acquisition . Escrow closed on Tuesday, June 16, 2009 and the Cit y
now holds title to the unit .
Property Acquisition Cos t
The property was purchased for a total of $309,225 plus $885 .74 for closing costs, including th e
escrow fee, taxes and HOA dues . The unit will be sold at the same price, $309,225 to an eligible ,
moderate-income household . Closing costs for the sale are expected to be similar and will b e
recovered through rental income on the unit until it is resold . Once the unit is resold, the
17.a
Packet Pg. 196 Attachment: a - City of San Luis Obispo 2009 Purchase of Affordable Unit (1474 : Allocation of Affordable Housing Funds to Purchase 867
3591 Sacramento Drive, Unit #53
Page 2
proceeds from the sale, and all rental income derived in the interim, will be returned to th e
Affordable Housing Fund . The entire process is expected to be cost neutral .
Why Step in to Prevent Foreclosure?
Staff recommended that the City Council take action to prevent foreclosure of the unit for thre e
reasons : (1)With each day the previous owners incurred more debt against the home because the y
were not able to make payments ; (2) if the unit had sold at the bank sale, the City would have los t
the affordable unit ; and (3) there is a willing buyer who has agreed to occupy the home on a
rental basis until able to complete the purchase .
Next Steps – 90-Day Rental Agreement and Resal e
Now that the City owns the home, staff has prepared a rental agreement with a household tha t
hopes to move forward and purchase the unit . The household has been certified as a moderate -
income household, and has been pre-qualified for a loan . Under new Fannie Mae guidelines, th e
resale of the home will take a minimum of 90 days . As discussed above, City staff expects th e
rental income from the unit to cover all of the costs associated with temporary ownership of th e
home .
Affordable Housing Fund Statu s
The current balance of the Affordable Housing Fund is $4,440,100 . The City Council ha s
approved commitments of $2,801,414, leaving a balance of $1,636,686 available to allocate t o
new projects . There is one pending proposal for $1 million from ROEM Corporation, which i s
expected to be considered by the City Council in late July or early August . If the ROEM
proposal is approved, the net available for new programs would be $638,686 .
The purchase price for the home was $309,225 and there was an additional $885 .74 charged fo r
closing costs . Another escrow will be opened when the home is sold, and staff expects th e
closing costs from the sale to be less than $2,000. Staff is requesting that the Council allocate a
maximum of $325,000 to the property to cover unexpected costs, such as maintenance items tha t
may arise while the City owns the home .
City staff expects to recoup the sales price of $309,225 in a three to six month timeframe throug h
resale of the unit . Once the unit is sold, the proceeds from the sale and all rental income from the
property will be returned to the Affordable Housing Fund . The entire process is expected to b e
cost neutral .
FISCAL IMPACT
The recommended allocation would be paid out of the Affordable Housing Fund, which consist s
of in-lieu fees collected under the City's Inclusionary Housing Ordinance . The fund may only be
used for projects that create or support affordable housing within the City of San Luis Obispo .
The project will have no impact on the General Fund .
17.a
Packet Pg. 197 Attachment: a - City of San Luis Obispo 2009 Purchase of Affordable Unit (1474 : Allocation of Affordable Housing Funds to Purchase 867
2016 AFFORDABLE HOUSING STANDARDS
(Effective May 25, 2016)
Purpose
These standards apply to all development projects within the City. They set maximum rental
costs or sales prices based on income level and dwelling size and are used by developers,
citizens, housing groups, City staff and commissions, and housing agencies. The Community
Development Director implements the standards. Besides defining the often misunderstood
term "affordable housing", the standards promote the construction of housing which meets
residents' needs and help explain the City's housing requirements. In addition, the City uses
these standards to determine if housing projects are "affordable" and qualify for density
bonuses, financial assistance or other types of incentives. For more information about these
standards, call the City’s Community Development Department at (805) 781 -7170.
The City requires new development projects to provide affordable housing for extremely-low,
very-low, low, or moderate income households by: 1) building affordable housing in
conjunction with new residential or commercial development, or 2) by paying an “in -lieu fee”
to support the development of affordable housing citywide, or 3) by contributing real property,
including land or existing dwellings, to be used as affordable housing, or 4) by a combination
of these methods. To help offset costs of providing affordable housing, the City has adopted
Affordable Housing Incentives (San Luis Obispo Municipal Code Chapter 17.90). State and
local law allows residential density bonuses and certain other incentives in return for
developers agreeing to construct affordable housing. Additional information on incentives is
available from the Community Development Department.
How the Standards Are Determined
These standards are prepared by the Community Development Department and are updated
annually to show income limits for the City and County of San Luis Obispo as published by
the State Department of Housing and Community Development (HCD). These limits are
shown in Table 1. By law, the upper income limit for “extremely-low income” households is
30 percent of the median County income; the upper income limit for "very-low income"
households is 50 percent of the median County income; the upper limit for "lower income"
households is 80 percent of the median County income; and the upper limit for "moderate-
income" households is 120 percent of the median County income.
Households with More Than Eight Persons
For all income groups, the income limits for households larger than eight persons are
determined as follows: For each person in excess of eight, add eight percent of the four-
person income limit to the eight-person income limit and round the sum to the nearest $50.
For example, the nine-person very-low income limit is 0.08 X $38,550 = $3,084; then $3,084
+ $50,900 = $53,984 rounded to $54,000.
17.b
Packet Pg. 198 Attachment: b - 2016 City of San Luis Obispo Affordable Housing Standards (1474 : Allocation of Affordable Housing Funds to Purchase 867
2016 Affordable Housing Standards
2
TABLE 1: 2016 ANNUAL INCOME LIMITS ($)
INCOME GROUP NUMBER OF PERSONS IN HOUSEHOLD
1 2 3 4 5 6 7 8
EXTREMELY LOW 16,250 18,550 20,850 24,300 28,440 32,580 36,730 40,890
VERY LOW 27,000 30,850 34,700 38,550 41,650 44,750 47,850 50,900
LOW 43,200 49,400 55,550 61,700 66,650 71,600 76,550 81,450
MEDIAN 53,950 61,700 69,400 77,100 83,250 89,450 95,600 101,750
MODERATE 64,750 74,000 83,250 92,500 99,900 107,300 114,700 122,100
Updated May 2016, from CA State Department of Housing and Community Development (HCD) Official Income Limits.
How to Determine Affordable Rents or Sales Prices
To determine affordable rents or sales prices, follow these three steps: 1) find the “income
group” in Table 1, based on the number of persons in the household and their gross annual
household income; 2) determine the number of bedrooms in the dwelling to be bought,
rented or sold; and 3) Use Table 2 to find the maximum affordable rent or sales price based
on the income group and number of bedrooms. When the number of persons in the
household is not known, the City's affordability standards for both rent and sales prices can
assume the following household sizes corresponding to the number of bedrooms in the
dwelling:
Studio unit: use the income limit for a one-person household.
One-bedroom unit: use the income limit for a two-person household.
Two-bedroom unit: use the income limit for a three-person household.
Three-bedroom unit: use the average income limit for a four-five person household
Four-bedroom unit: use the income limit for a six-person household
Affordable Rent Limits
The maximum monthly rents to qualify as affordable housing are listed in Table 2. For
example, the maximum monthly rent cost for a two-bedroom dwelling which is affordable to a
lower-income household can be found in Table 2 by reading across the row labeled “Lo wer,
Maximum Monthly Rent” and then finding $1,041 under the column heading “2-Bedroom.”
Rent limits are based on formulas set by State law (H&S Code 50053) and are computed as
shown on Page 3 of these Standards.
17.b
Packet Pg. 199 Attachment: b - 2016 City of San Luis Obispo Affordable Housing Standards (1474 : Allocation of Affordable Housing Funds to Purchase 867
2016 Affordable Housing Standards
3
TABLE 2: 2016 RENT/SALES AFFORDABILITY STANDARDS
INCOME GROUP TENURE DWELLING
Maximum STUDIO 1-BDRM 2-BDRM 3-BDRM 4-BDRM
EXTREMELY LOW
Monthly
Rent $405 $463 $521 $601 $671
Sales Price $48,750 $55,650 $62,550 $79,100 $97,750
VERY LOW
Monthly
Rent $674 $771 $868 $1,002 $1,118
Sales Price $81,000 $92,550 $104,100 $120,300 $134,250
LOWER
Monthly
Rent $809 $926 $1,041 $1,203 $1,342
Sales Price $129,600 $148,200 $166,650 $192,525 $214,800
MODERATE
Monthly
Rent $1,124 $1,285 $1,446 $1,670 $1,864
Sales Price $226,625 $259,000 $291,375 $336,700 $375,550
Calculation of Affordable Rents
For extremely-low income households: Affordable monthly rents shall not exceed 30%
of 30% of the annual median County household income for the number of persons
expected to reside in the unit, divided by 12, and adjusted for household/unit size.
For very-low income households: Affordable monthly rents shall not exceed 30% of
50% of the annual median County household income for the number of persons expected
to reside in the unit, divided by 12, and adjusted for household/unit size.
For lower-income households: Affordable monthly rents shall not exceed 30% of 60%
of annual median County household income divided by 12, and adjusted for
household/unit size.
For moderate-income households: Affordable monthly rents shall not exceed 25% of
100% of the annual median County household income divided by 12, and adjusted for
household/unit size.
Affordable Sales Prices
The maximum sales prices for affordable housing are based on a formula that accounts for
what a typical extremely-low income, very-low income, low-income or moderate-income
household can afford to pay for housing, following established guidelines. Sales price limits
are determined by multiplying the annual income limit of the income group, adjusted for
household size, by 3 for extremely-low, very-low and lower income households, and by 3.5
for moderate income households, rounded to the nearest $25. For example, the calculation
of maximum sales price for a 2-bedroom dwelling is computed as shown on Page 4 of these
Standards.
17.b
Packet Pg. 200 Attachment: b - 2016 City of San Luis Obispo Affordable Housing Standards (1474 : Allocation of Affordable Housing Funds to Purchase 867
2016 Affordable Housing Standards
4
Calculation of Affordable Sales Prices
3 X $55,550 = $166,650 for a three-person, lower-income household; and
3.5 X $83,250 = $291,375 for a three-person, moderate-income household.
Long-term Affordability
Rental housing affordability is maintained through recorded agreements (Affordable Housing
Agreement) between a property owner and the City, the Housing Authority of the City of San
Luis Obispo, or another housing provider approved by the City. These agreements shall
specify: a) the maximum rents based on the same formula which established initial rent
levels as a condition of City approval, or other formula approved by City; b) the term for
which rental units must remain affordable; and c) terms under which affordability is
maintained after sale or transfer of the property. The City’s current terms as specified in the
Housing Element are the maximum allowed by State law; 45 years for ownership units and
55 years for rentals. For purposes of determining affordability requirements, Single Room
Occupancy (SRO) units shall be treated as one-bedroom dwellings.
There are two different approaches to maintaining long-term affordability which require
signing an Affordable Housing Agreement: 1) the property owner agrees to maintain the
designated dwelling unit as affordable for at least 45/55 years; or 2) the property owner
agrees to participate in a “shared equity purchase program” as described in the City’s
Inclusionary Housing Requirement. The decision on which approach to use is up to the
developer, except where state or federal standards applying to a given project require
specific affordability periods.
Under the long-term affordability program, the housing must remain affordable for at least
45/55 years from the original date of sale or rental. Affordability terms are secured by an
affordable housing agreement, promissory note and deed of trust, recorded on the property
prior to or concurrent with the initial occupancy (for rental units) or sale of the property. The
promissory note is based on the monetary difference between the property’s initial capped
purchase price and its fair market value outside of the program. The note is an "affordability
loan" or “silent second” payable to the City. The loan accrues interest at a rate set by the
City. Repayment of the affordability loan is waived as long as affordability requirements are
met. For-sale properties must be owner-occupied, and may be sold or otherwise transferred
only to eligible buyers and at prices deemed affordable under these standards. Upon resale,
the City, its Housing Authority, or a non-profit agency approved by the City, retains the first
right of refusal to purchase affordable properties at their then current appraised value.
Under the equity-share program, the buyer of an affordable dwelling enters into an
agreement with the city guaranteeing affordability for at least 6 years after the initial date of
sale. Upon resale of the property, the agreement ensures that the City’s equity share returns
to the City for use in other affordable housing developments. The City’s equity share is
based on the difference between the property’s market value and the actual price paid by the
homeowner, divided by the market value; or the amount of subsidy provided by the city,
divided by the property’s market value. Affordable units sold before the sixth year are subject
to an additional “Equity Recapture Fee” ranging from 25 to 100 percent of the property’s
equity. For more information, refer to the Inclusionary Housing Requirements, Ch. 17.91 of
the San Luis Obispo Municipal Code.
17.b
Packet Pg. 201 Attachment: b - 2016 City of San Luis Obispo Affordable Housing Standards (1474 : Allocation of Affordable Housing Funds to Purchase 867
City of San Luis ObispoFiscal Status of Affordable Housing FundSeptember 26, 2016 - Point in Time StatusRevenues, Expenditures and Changes in Fund BalanceExpendituresFiscal YearIn-Lieu Fees Interest RentsBEGIN funds reimbursement BEGIN reuse funds* BEGIN City matching funds*TotalBeginning Ending2000-01193,700 8,200 201,900 201,900 2001-02464,900 20,000 484,900 201,900 686,800 2002-03747,800 28,300 776,100 (215,000) 686,800 1,247,900 2003-0460,500 8,500 69,000 (30,000) 1,247,900 1,286,900 2004-05323,300 32,500 355,800 (30,000) 1,286,900 1,612,700 2005-061,863,700 68,500 1,932,200 1,612,700 3,544,900 2006-07627,200 160,500 787,700 (530,000) 3,544,900 3,802,600 2007-08682,400 155,600 838,000 (630,000) 3,802,600 4,010,600 2008-09465,700 199,700 1,400 666,800 (892,500) 4,010,600 3,784,900 2009-10(21,300) 32,600 9,000 270,000 290,300 (3,407,600) 3,784,900 667,600 2010‐11 332,800 16,000 3,900 30,000 382,700 (39,800) 667,600 1,010,500 2011-12 848,800 21,900 870,700 (112,700) 1,010,500 1,768,500 2012-13182,700 700 183,400 (30,000) 1,768,500 1,921,900 2013-14777,300 12,700 100,955 117,8571,008,812 (47,000) 1,921,900 2,883,712 2014-15 159,602 9,193 86,430 93,121 348,346 (697,000) 2,883,712 2,535,058 2015-16 625,506 34,414 659,920 (636,978) 2,535,058 2,558,000 2016-17290,000 290,000 2,558,000 2,848,000 Cumulative Total8,624,608 809,307 14,300 300,000 187,385 210,978 10,146,578 (7,298,578) 2,848,000 Commitments Not Yet FundedCommitment to the General Fund Transfer(52,000)Commitment for Iron Works Affordable Housing(920,000)Commitment for Habitat for Humanity 240 Highland(35,000)Commitment to SLO County Housing Trust Fund(30,000)Commitment to remaining BEGIN Downpayment Assistance Loans(239,228)Total Avilable for New Progams as of September 26, 20161,571,772RevenuesFund Balance17.c
Packet Pg. 202 Attachment: c - Affordable Housing Fund Status as of 09-26-2016 (1474 : Allocation of Affordable Housing Funds to Purchase 867 Humbert)
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blank.
Meeting Date: 10/18/2016
FROM: Derek Johnson, Assistant City Manager
SUBJECT: SAN LUIS RANCH DEVELOPMENT- ECONOMIC ANALYSIS
RECOMMENDATION
Authorize the City Manager to execute a contract with Economic Planning Systems (EPS) to
assist the City with the financial analysis and related tasks for a proposed development
agreement for the San Luis Ranch Project.
DISCUSSION
Background
On April 1, 2014, the City Council unanimously took four actions related to the proposed San
Luis Ranch Project. These actions included 1) Authorizing an application for General Plan and
associated entitlements, 2) Approving a Memorandum of Understanding that outlined the process
for processing related entitlements, 3) Authorizing staff to initiate discussions with the applicant
for a Development Agreement, and 4) Authorizing a Request for Proposal to prepare an
Environmental Impact Report (EIR) for the project.
The purpose of this item is to obtain approval for a contract with Economic Planning Systems
(EPS) to provide technical support to negotiate a Development Agreement for the San Luis
Ranch Project. In addition to financial analysis, EPS will provide general management for the
effort including coordinating the drafting of a term sheet and related development agreement
with the support of outside legal counsel. Staff will provide oversight and guidance throughout
the negotiation process.
One of the primary reasons for obtaining outside consultant support is that the San Luis Ranch
Project is a significant land use decision involving complex financial issues for the City.
Anticipated actions include an annexation agreement, tax exchange agreement, specific plan with
related public facilities financing plan, and the potential to create both a Communities Financing
District (CFD) and/or an Enhanced Infrastructure Financing District (EIFD). The combination
and relationship of these agreements, plans, and land based financing mechanisms requires
significant expertise.
Scope of Work
EPS’s scope of work is broken down into eight distinct tasks as shown in Attachment A. The
scope of work was crafted in a manner to address the broad range of financial analyses that will
be required to appropriately evaluate the financing tools and strategies to construct public
facilities for a project of this size. Additionally, fiscal analysis includes quantifying both public
and private benefits related to any development agreement to ensuring that there are public
benefits.
18
Packet Pg. 203
It is recommended that the City secure these services from EPS. EPS was selected through a
competitive RFP process in 2013 to lead an effort to evaluate the current development impact fee
programs in the City, and identify options for future land-based financing. As a follow up task,
they have been advising the Community Development Department and City Council during the
past year on the variety of financing tools, and have developed a policy framework to approach a
comprehensive update of the City’s AB 1600 Fee Program. As directed by the City Council,
these policies will be incorporated into the 2017-2019 Financial Plan.
EPS’s experience and direct knowledge of the City’s development impact fee program and their
selection through a competitive process is aligned with Section 3.24.0701 which provides that
specialized consultants, like EPS can be approved by the City Council. The cost for the EPS’s
current work for public financing advisory services is $50,000 and the proposed work on the San
Luis Ranch Project is $60,770. This contract is being brought to the City Council because the
combined contract amounts exceed the City Manager’s purchasing authority of $100,000 for
consultant services.
CONCURRENCES
The Public Works and Community Development Departments concur with the recommendations
in this report.
ENVIRONMENTAL REVIEW
Development Agreements fall within the definition of a “project” under the California
Environmental Quality Act (CEQA). A draft EIR for the San Luis Ranch Project is scheduled
for release in mid-November and ultimately will need to address any impacts associated with a
Development Agreement. While every effort will be made to ensure that the development
agreement is addressed in the EIR, should an agreement address issues not analyzed in an EIR,
additional environmental review will be required in order to meet CEQA requirements.
FISCAL IMPACT
The proposed work is not to exceed $60,770, plus time and materials for attendance at meetings
in San Luis Obispo. Actual work on the development agreement will be on a time and material
basis. It is anticipated that most of the work can be done remotely and should meetings be
required, they will also be billed on a time and materials basis.
As previously noted, the scope of work does not include technical support for outside counsel for
the drafting to of the Development Agreement. As shown in the proposal, this amount shall be
1 3.24.070 Authority to hire consultants.
C. Selection from an approved list of on-call consultants that is established by a formal request for qualifications
(RFQ) process. The council shall approve the RFQ, and the purchasing authority is authorized to execute
agreements with selected consultants. The finance director is authorized to execute and amend purchase orders for
individual consultant services contracts in an amount not to exceed the authorized project budget. On-call consultant
lists shall be renewed at least every five years by a new RFQ process. (Ord. 1618 § 1 (Exh. A (part)), 2015: Ord. 954
§ 2 (part), 1983: prior code § 2950.7)
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Packet Pg. 204
determined prior to initiating this task.
The City’s adopted fee schedule provides that costs for processing a development agreement are
on a time and materials basis, plus the City’s mark up of 30% for administrative overhead, which
allows the City to recover its costs for processing the application. If this agreement is approved,
the City shall enter into a reimbursement agreement with the project applicant so that all costs to
process the development agreement are covered per the City’s cost recovery policies.
ALTERNATIVES
1. The City Council could modify the scope of work. This is not recommended as the identified
tasks were developed to address the broad range of issues by task that will need to be
addressed to draft both a term sheet and development agreement to ensure that clear public
benefits are realized in exchange for the private benefits granted under any agreements.
2. The City Council could reject the item and not approve any contract. This is not
recommended as third party expertise is needed to help evaluate the financing of public
improvements and the exchange of benefits related to any development agreement. The
applicant team has its own financial experts advising them on the funding elem ents of the
project.
Attachments:
a - San Luis Ranch Development Agreement Advisory Services
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Packet Pg. 205
Work Program
San Luis Ranch Development Agreement
September 29, 2016
1
Draft Work Program
San Luis Ranch Development Agreement Advisory Services
Project Understanding
The City of San Luis Obispo is preparing a Development Agreement for the San Luis Ranch
Project as part of its Entitlement Process. This Development Agreement, as part of the overall
project implementation framework, will “vest” the entitlement for a spec ified period of time and
make other commitments to further the project, all as consideration for “extraordinary
community benefits” offered by the Developer. These extraordinary benefits are defined as
items that cannot be obtained through exercise of the City’s land use regulating authority,
including through the implementation of measures required to mitigate environmental impacts as
identified per the requirements of the California Environmental Quality Act. The San Luis Ranch
is a complex project involving a new Specific Plan, annexation of territory to the City, and the
construction of substantial “backbone” infrastructure and off-site infrastructure needed to assure
adequate levels of municipal service to the residents and businesses that will ultimately locate
there. EPS will provide technical support to the City as it prepares, negotiates, and considers
adoption of the San Luis Ranch Development Agreement.
Work Tasks
Task 1 – Project Initiation and Management
Preparation of the Development Agreement will be an integral part of the San Luis Ranch
Entitlement Process. EPS will be a part of the City’s team, assisting in project coordination,
technical analyses, document drafting, liaison with the Developer’s team and other public
agencies. At the outset, EPS will assist the City in establishing its team effort, including the roles
and responsibilities of individual City staff members, specifying needed technical analyses,
collaborating with special counsel and other City consultants, and developing the project
schedule and key milestones. On an ongoing basis, EPS will participate in periodic City team
meetings and coordinate efforts necessary to complete technical efforts and meet deadlines.
Task 2 – Project Document Review and Assessment
The Development Agreement will make reference to and integrate the full range of Project
Entitlement Documents including the Specific Plan, the EIR, formation of land based financing
options such as an EIFD or CFD or other related mechanisms, the Public Facilities Financing Plan
and the Annexation Application. In collaboration with City Staff, EPS will identify and obtain
copies of all relevant Entitlement Documents and related technical studies, etc. Task 2 also will
include technical peer review of any Developer-generated technical studies including fiscal
analysis, financial analysis, and the Public Facilities Financing Plan.
Task 3 – Development Agreement Policy and Procedure Framework
The San Luis Ranch Development Agreement will make reference to and encompass a range of
policy matters having to do with adopted City infrastructure financing policies, definition and
valuation of community benefits, and key Development Agreement terms such as assignment,
duration, and financial considerations. As a part of this task EPS will assist the City in identifying
these policy matters and, to the extent deemed necessary, obtaining related City Council
18.a
Packet Pg. 206 Attachment: a - San Luis Ranch Development Agreement Advisory Services (1487 : San Luis Ranch-Financial Services)
Work Program
San Luis Ranch Development Agreement
September 29, 2016
2
guidance. Such policy directives will be a key input to the drafting of the Development
Agreement Term Sheet.
Task 4 – Development Feasibility Analysis
A key input to the preparation of a Development Agreement is gaining an understanding of the
subject project’s financial feasibility. Such financial feasibility is typically determined through
preparation of a pro forma financial feasibility model. This financial information is necessary to
forecast the project’s public financing capacity (through development impact fees and exactions,
special taxes, and any tax increment financing that may be considered). Such analysis also
enables the City to determine the value of the vested entitlement and other commitments
offered by the City and ability of the Project to provide extraordinary community benefits. EPS
will review any pro forma financial analysis provided by the Developer for the San Luis Ranch
Project. If needed, EPS will help prepare a financial analysis.
It will be important for there to be effective communication and coordination between the City
and the Developer regarding key economic and financial data and assumptions as a part of this
effort. As some of the financial information may be proprietary, EPS may need to sign a “non-
disclosure agreement” with the Developer to obtain sensitive information that may be revealed
as part of reviewing financial information. Any proprietary information exchanged between the
Developer and EPS shall be direct and shall not include the City. In these circumstances, EPS
shall provide a qualitative written assessment of the fiscal and financial capabilities of the
project.
Task 5 – Community Benefits Assessment
Extraordinary public benefits of a development project are specific public improvements that
could not be required by the City following normal City Code requirements (which must adhere to
the rational nexus test) or through CEQA required mitigations. Positive effects of the project
including community development objectives, or providing social, economic and/or fiscal
benefits, while a precondition for the City’s willingness to enter into a development agreement,
are not included in this definition. Items that are included as extraordinary community benefits
are as follows:
Special Site Improvements
The developer can commit to constructing or installing improvements that confer public
benefit on or adjacent to the project site.
Public Improvements or Contributions Exceeding Code or EIR Mitigation Requirements
The developer can commit to constructing or funding improvements that exceed the City-
determined requirements.
Advancing Improvements Otherwise to Be Built at a Later Time
The developer may agree to build a public improvement well in advance of when it might be
required. For example, an intersection that may not be required to mitigate project-induced
congestion until five years in the future could be built in advance, assuring that the
improvement is constructed and conferring congestion reduction immediately.
EPS will assist City staff and the Developer team with identifying and valuing extraordinary
community benefits offered by the Developer.
18.a
Packet Pg. 207 Attachment: a - San Luis Ranch Development Agreement Advisory Services (1487 : San Luis Ranch-Financial Services)
Work Program
San Luis Ranch Development Agreement
September 29, 2016
3
Task 6 – Public Financing Framework and Implementation
It is expected that a key aspect of the Development Agreement will involve the City committing
to establish public financing districts for the purpose of financing public infrastructure and
facilities. These districts and mechanisms may include area-specific impact fees and exactions, a
Mello Roos Community Facilities District, fee credit and reimbursement agreements, and an
Enhanced Infrastructure Financing District. EPS, in collaboration with City staff, the Developer
team, and other City consultants will assist in determining the purpose and capacity of these
districts and also specifying implementing actions required in each case. A key aspect of this
effort will be coordination and support of the City’s efforts to negotiate the terms of an Enhanced
Infrastructure Financing District with San Luis Obispo County.
Task 7 – Term Sheet Preparation
The research, policy development, liaison, and technical efforts described in Tasks 1 through 6
will all be focused upon preparation of a Development Agreement Term Sheet. This Term Sheet
is envisioned as a comprehensive description of all the key terms for the San Luis Ranch
Development Agreement. EPS will participate in the effort to draft the Term Sheet, in
collaboration with City staff and special counsel. This effort may include preparation of
summaries of technical analyses that support individual Development Agreement terms.
Task 8 – Development Agreement Drafting and Negotiation Support
It is assumed that preparation of the Term Sheet will involve an ongoing discussion and
negotiation with the Developer. EPS will support City staff efforts as part of these negotiations,
providing the results of technical analyses, experience with negotiation of other development
agreements, and any additional analysis as may be requested. Following negotiation and
approval of the Term Sheet, EPS will assist the City staff with drafting of the Development
Agreement in collaboration with special counsel, drawing on experience with drafting other
development agreements.
Schedule
EPS is prepared to commit significant staff resources to help the maintain the schedule. The
current budget estimate anticipates a 3-month work schedule. However, given the uncertain
nature of the tasks, and the interdependence of these and other external tasks, the schedule is
subject to change.
Budget
The estimated budget for the preceding analysis, assuming an approximate 3-month work
period, is not to exceed $60,770, plus time and materials for meeting preparation and
attendance, without prior authorization, as shown on Table 1. EPS charges for its services on a
direct-cost (standard hourly billing rates and direct expenses) not-to-exceed basis; therefore, the
Client is billed only for the work completed up to the total authorized budget amount. EPS will
monitor the balance of each task budget over time, and when the budget for a particular task is
approaching 75 percent complete, EPS will work with the Client to identify whether the remaining
budget is adequate or whether a budget extension is needed. To the extent that additional issues
arise during the course of the analysis, or additional work is required, EPS will work with the
18.a
Packet Pg. 208 Attachment: a - San Luis Ranch Development Agreement Advisory Services (1487 : San Luis Ranch-Financial Services)
Work Program
San Luis Ranch Development Agreement
September 29, 2016
4
Client to amend the budget, as appropriate. Invoices are submitted monthly and are payable
upon receipt.
Table 1 Proposed Budget Estimate
Task/Staff Cost Direct Total
Description Kieser Kanat Peltzer Subtotal Costs Cost
Senior
Principal
Executive
Vice
President
Associate Production
Task 1 – Project Initiation and
Management 4 12 0 0 $3,900 $0 $3,900
Task 2 – Project Document Review
and Assessment 16 20 0 0 $9,300 $0 $9,300
Task 3 – Development Agreement
Policy and Procedure Framework 8 2 0 0 $2,850 $500 $3,350
Task 4 – Development Feasibility
Analysis 16 24 16 2 $12,380 $500 $12,880
Task 5 – Community Benefits
Assessment 8 6 6 2 $4,680 $500 $5,180
Task 6 – Public Financing
Framework and Implementation 24 16 40 2 $15,980 $500 $16,480
Task 7 – Term Sheet Preparation 24 8 0 2 $9,180 $500 $9,680
Task 8 – Development Agreement
Drafting and Negotiation Support
Total Hours 100 88 62 8
Billing Rates [1]$300 $225 $125 $90
Total Project Costs $60,770
[1] Billing rates shown are applicable during 2016 and are subject to annual increases.
EPS Staff
to be determined
18.a
Packet Pg. 209 Attachment: a - San Luis Ranch Development Agreement Advisory Services (1487 : San Luis Ranch-Financial Services)
Page intentionally left
blank.
Meeting Date: 10/18/2016
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Melissa C. Mudgett, Parks and Recreation Manager
SUBJECT: REVIEW OF THE PUBLIC ART DESIGNS AND LOCATIONS PROPOSED
FOR THE 2016 UTILITY BOX ART PROJECT TO PAINT CITY-OWNED
UTILITY BOXES.
RECOMMENDATION
As reviewed and/or recommended by the Architectural Review Commission, Cultural Heritage
Committee, and Parks and Recreation Commission approve the proposed artwork designs and
traffic signal box locations for the 2016 Utility Box Art project.
DISCUSSION
Background
Initially conceived as a program to discourage and abate graffiti
and to enhance unattractive utility/traffic signal boxes at various
high visibility intersections in the Downtown core, the Utility Box
Art Program received funding from the City Council in 2010 for
sixteen downtown utility boxes. Widespread popularity of the box
art program enabled the pilot program to expand. A second phase
of utility box art was rolled out in 2012, adding seventeen more
utility boxes to the program. Currently, the Utility Box Art
Program has thirty-three (33) painted boxes throughout the City.
A map of current box art locations provided as Attachment A.
In December 2015 Council approved funding for the continued expansion of this program. Mo st
recently, on July 19, 2016 the City Council further amended the public art policy for the Utility
Box Art program to define the duration of mural exhibits, expand the program and provide
direction for maintenance and future archival of art.
Expansion of Utility Box Art Program
The City owns and operates a total of sixty-five (65) traffic signal utility boxes, of which 32 are
eligible for new art murals. Consistent with the City’s adopted Public Engagement and
Notification (PEN) Manual, a unique public engagement voting opportunity was employed to
seek community input for prioritizing the boxes for future painting phases. “Vote for me”
signage on the remaining blank traffic signal box locations was utilized. The number of votes a
box received, in addition to its evaluation following approved criteria (maintenance needs, high
public areas, exposure to graffiti, proximity to other public art, etc.), was used to develop a
priority list for the order of the remaining blank city traffic signal boxes to be pai nted
(Attachment B). It is anticipated that the painting of these new utility boxes could occur in
phases over the next three to seven years, as public art funding is available.
19
Packet Pg. 210
Box Art Selection Jury
On August 31, 2016, a Box Art Selection Jury, consisting of a variety of community members,
convened to review all box art design proposals and present its proposed selection to the appropriate
City Advisory Bodies. The 2016 Box Art Selection Jury included fourteen (14) members who are
arts advocates, professional artists, advisory body representatives, local business owners, an
educator, historians, community members, and representatives from the Downtown Association and
the Chamber of Commerce. The Art Jury reviewed 89 design proposals submitted by local artists
and compared these designs for artistic excellence and appropriateness to the location. The 2016
Box Art Jury group roster is provided as Attachment C.
Proposed 2016 Box Art Project
The 2016 Box Art Project, as proposed by the Box Art Selection Jury, would enhance a total of
eleven (11) city-owned utility/traffic control boxes at various locations throughout the community.
This includes six (6) new locations for art on blank unpainted utility boxes, four (4) locations
identified as needing significant mural repairs and one (1) downtown location which will be
impacted with future reconstruction of the intersection and be replaced with a new utility box.
These locations are listed as BAND 1 in the Utility Box Prioritization List (Attachment B) and also
identified in Attachment D as proposed Box Art designs and locations. These locations are also
summarized in the table below.
* New design by Elizabeth Hudson proposed by the Art Jury for Box #6 location on Broad & Pismo
Intersection Reconstruction and Relocation of Box Art
The intersection of Osos and Monterey is scheduled to receive significant
infrastructure upgrades and reconstruction in the late fall/early winter. As
part of construction efforts, the current signal box will be replaced with a
new, larger signal cabinet. The recently updated Box Art program policy
articulates how box art murals that are located on signal cabinets will be
preserved in the event the signal cabinet is removed entirely from the
City’s traffic signal system. The physical signal cabinet with the artwork
could be relocated to other city parks, community gardens or pathways to
remain on public display.
While considering the possible relocation of this signal cabinet (Box Art
#30), it was determined by City Traffic Signal staff that the signal cabinet
is still in working order and in fact, an increasingly rare piece of signal
19
Packet Pg. 211
equipment that could be immediately used as stand-by equipment for when unscheduled repairs or
replacement is necessary. At this time, the current signal cabinet has been determined to still be in
prime working condition. It is the recommendation of City staff to return the signal cabinet (with its
exterior box art mural) to the equipment “inventory” in the Traffic Signals division for use as a
future replacement box when needed.
CONCURRENCE
Advisory Body Review
The Architectural Review Commission (Attachment E), Cultural Heritage Committee
(Attachment F) and Parks and Recreation Commission (Attachment G) have all reviewed the
proposed designs and locations at their respective public meetings on September 19, 2016,
September 26, 2016, and October 5, 2016. The City’s Advisory Bodies concur with the Art
Jury’s recommendation of proposed designs and locations for the 2016 Box Art Project as
consistent with the Historic Preservation Program Guidelines and adopted Guidelines for Public
Art.
Expanded Public Engagement
In addition to the publically noticed advisory body meetings regarding the Art Jury’s
recommended utility box art designs and locations, several other public engagement methods
were used with this project. Postcards were mailed to all residents in the Old Town and
Downtown Historic districts related to the CHC meeting and in February of this year staff mailed
postcards to the residents of the Old Town district informing about the upcoming box
modifications and asked for art jury volunteers. "Volunteer for box art jury" postcards were
placed in downtown businesses, with the Downtown Association, SLO Chamber and Arts
Obispo. There was a banner (Higuera & Marsh Streets) and posters on SLO Transit. Of course
all of the information has been available on the City’s website throughout this process.
FISCAL IMPACT
$48,000 was approved by the City Council on December 15, 2015 to expand the Utility Box Art
Program. Given this approved budget allocation sufficient funds have been encumbered to paint
and repair the 11 boxes as part of this project. Staff will return to Council to seek additional
public art funding for any subsequent box art phases.
Next Steps
Upon Council’s adoption, the 2016 Box Art Project will prepare the utility boxes for the new art
murals with cleaning and priming. It is anticipated that the artists could be out in the community
painting the new utility boxes as early as November 2016.
19
Packet Pg. 212
Attachments:
a - Box Art Map
b - Box Art Priority List
c - Box Art Jury Roster
d - Proposed Artwork and Locations
e - DRAFT 09-19-2016 ARC & CHC Action Update
f - DRAFT 09-26-2016 CHC Action Update
g - DRAFT PRC 10.05.16 Minutes
19
Packet Pg. 213
guide mapSan Luis ObispoCity ofLook for it...Box Art Round 1Box Art Round 219.a
Packet Pg. 214 Attachment: a - Box Art Map (1478 : 2016 Utility Box Art Designs and Locations)
30
Box 13&14 were completed as a team with
Marcie Hawthorne (above).
Julie Frankel’s background is in graphic
design and mixed media painting. Julie
is an east coast transplant, living in SLO
since 1988. In her art she often explores
the themes of people watching and
narrative spaces. Julie is also a maker of
artists’ books—which combines both art
and design skill sets. Patterns, stencils,
and textures are one of her passions.
On the design side, Julie worked as an
independent consultant with Biesek
Design on many projects for the National
Park Service.
Abbey Onikoyi
Jeff takes great pleasure in drinking
Thai iced tea, eating chocolate donuts,
and reading a good book.
Jeff Claassen
Charlie Clingman was raised in spacious
rural settings which had animals to play
with and horses to ride. This planted
the seed for his future exploration and
appreciation of nature. He fi nds that 25
years of international surfi ng experience
has not only been a great thrill and good
exercise but a fi ne way to observe the
water and surrounding landscapes. He
seeks to have his paintings represent the
beauty and action he encounters.
Charlie Clingman
Marcie Hawthorne
Julie Frankel
Abbey Onikoyi, a native of Nigeria,
grew up in a family that was one of the
founding royal families of Lagos, with
a tradition rooted in arts and culture.
His goal is to impact humanity with “a
whole new love” through art, music and
communication. He now resides in San
Luis Obispo, where he owns “Spirits of
Africa” Gallery at the Creamery.
An artist and a dreamer by nature, Alister
Dippner has exploded onto the California
art scene in a big way, from creating
album artwork for a number of
up-and-coming bands and musicians to
showcasing his work in over 35 galleries
and art shows. His over active
imagination lead him to become a
professional muralist for two years
before moving to SLO.
Alister Dippner
Rachel LaBonte is a graduating senior
at Cal Poly, studying Fine Art with a
concentration in studio art. She focuses
primarily on painting and drawing, and is
interested in both fi guration and
abstraction. Mediation and its
relationship to reality and humanity have
been central to her most recent body
of work. She hopes to attend graduate
school in the fall, and is planning on
pursuing a career in the fi eld of Painting.
Rachel LaBonte
Jed is a native of California. He has been
drawing and painting since he was fi ve
years old. He attended the San Francisco
Art Institute and Cal State Hayward. He
is currently a freelance designer and
resides in Templeton with his wife and
several stray cats.
Jed Joyce
Justin grew up on the Central Coast
where he attended Cuesta College
before receiving a Bachelor of Art in Art
Studio from UC Santa Barbara. He now
resides in SLO with his wife Heather
and their two sons, Jude and Liam.
Justin works in various media although
prefers oils. The local landscape plays an
important role in his art.
Justin Johnson
15
16
18
20
19
22Joe has over 20 years of experience
creating commissioned murals and
fi ne art paintings for fi lm, television,
hotels, restaurants and residences
internationally. Whether working on
personal paintings or commissioned
murals, he approaches each with an
open mind, a knowledge of art history
and an array of stylistic techniques.
Joe Bachelor1
2
3
13
12
114
5
6
Marcia is a longtime resident of
San Luis Obispo County. Growing up in
the beautiful Carrizo Plains, and painting
currently in her studio in Creston’s
glowing oak woodlands, her work
is guided by the color and light of
landscape. Her paintings hang in the
County Government Center, Compact
Gallery in San Luis Obispo and Firefl y in
Paso Robles.
Marcia Harvey
9
7
Carol feels lucky to live in Baywood
between the ancient, breathing estuary
and the hills with rocks for bones.
Surrounded by inspiration, this county
has been her home since childhood. Here
she has raised her family, adventured,
wore out a few good dogs, made a
lot of art and friends. “I love it all,
absorbing, living, making art, family and
community.”
Carol Paulsen
Chris Pedersen grew up on the Central
Coast of California. He explored his beau-
tiful surroundings and discovered his
drawing talent and creative imagination.
His art career started with a concentra-
tion of illustration and graphic design.
Currently Chris is making fi ne canvas oil
paintings while he continues to develop
illustrations for a children’s book story,
which will likely inspire the youth to no
end. Chris has maintained the youthful
fantasy aspect of possibility.
Chris Pedersen
A SLO native, Jane grew-up with the
old growth oaks. With big dreams, she
left for her bachelor’s in International
Relations, before reluctantly returning.
Four years later, she’s made her home
anew. When not painting, riding her pink
bike, or pretending to save the world,
she works as a counselor and advocate
at the SARP Center.
Jane Pomeroy
Formerly from Southern California,
Lena Rushing has called the Central
Coast home for 16 years. She is best
known for her large scale, acrylic, fi gure
paintings. Honest and authentic, her
intent is to create vibrant, intriguing
works of art that encourage the viewer
to engage in art related dialogue.
She would describe her paintings as a
marriage between fi gurative
expressionism and surrealism.
Lena Rushing
23
27
28
26
Colleen is an artist and surfer in Central
California. Colleen taught herself to paint
and went on to study art overseas, at the
L‘Accademia di Belle Arti, an art school
founded by Michelangelo in Florence.
Shortly after graduation from UC Santa
Cruz, she moved to Hawaii and began
work as a muralist for various Waikiki
hotels, restaurants, theatres and set
companies. Colleen returned to Shell
Beach, where she works as a studio artist
and muralist, creating works inspired by
her love of the ocean.
Colleen Gnos
Samantha is currently working as a
designer for Stephen Patrick Design in
San Luis Obispo. Her passion is art and
design. Samantha’s love for art began as
a child. Her favorite pastime is to draw.
In college, she started as an art major;
then found herself switching to
Interior Design.
Samantha Pereira
Lynn is an active member of the
Downtown Association’s Design Com-
mittee and the Downtown Foresters.
She works and travels extensively as a
decorative artist for local art company
Douglas Bouman and Associates. In
conjunction with that company, she
recently completed a recreation of the
historic entrance to the Coconut Grove
Hollywood for the Ambassador Project
in Los Angeles.
Lynn Hessler
Robert was born and raised in Santo
Domingo, Dominican Republic. At age 16,
he enrolled in the Academy of Fine Arts
in Santo Domingo, where he spent fi ve
years perfecting his craft. After
completing his studies, Robert became
the offi cial muralist of the Dominican
Presidency. In 2001, Robert moved to
Madrid, Spain in order to pursue his
career as an international artist. Robert
now resides on the Central Coast taking
in the warm sunshine and beautiful
landscapes.
Robert MAJA
Amy McKay has been enjoying the SLO
life since 1995, when she came to
Cal Poly for her degree in landscape
architecture. Art has always been her
fi rst love though, and SLO has been
both a supportive and inspirational
environment for her artistic pursuits.
She is thrilled to be a part of the Box Art
project for the second time and feels
grateful every day to be able to share her
art with others. As often as possible, she
can be found painting in her sunny home
studio at the base of Cerro San Luis.
Amy McKay
joey Salazar
joey Salazar was born on the California
Central Coast. She has traveled many
times to New York and South America
to observe and study art, as well as to
gain inspiration. Along her life’s path
joey has worked with many mediums
including, but not limited to, acrylics,
aerosol, photo collage, water and air.
Her work often expresses her feminine
compassion, wisdom and strength which
she hopes to share with others.
California based stencil artist
STENZSKULL, layers grey tones and
colors with stencils to conjure amazing
portraits and fun concepts. 8 years deep
in his stencil medium he is constantly
evolving and refi ning his artistic style.
Hours and hours put in to design and
hand cutting stencils are surely worth
the fi nal product.
STENZSKULL
Ryan Williams was born in Arlington
Heights, IL. in 1973 and currently lives
and works in San Luis Obispo, CA. He
received his BFA from Cal Poly in 2012,
graduating Magna Cum Laude. His
future goals include obtaining his MFA.
In the meantime, Ryan’s eff orts are set
on developing community and maintain-
ing his daily art practice. This is Ryan’s
second time participating in the Box Art
project/competition.
Ryan Williams
Marcie is a San Luis Obispo artist
who has been working as a muralist,
gardening/natural history book illustrator
and plein air painter for thirty years.
She has earned an academic degree in
Biology from Duke University, a fi ne arts
degree from California College of Arts
and Crafts and has also received
additional training in medical and
biological illustration at Duke Medical
School. Marcie has combined a love of
nature and art in a unique way with her
residential and public art mural painting.
10
14 21
24
25
31
32
8
17
29 Blair Rusin
Blair has since experienced life in most
parts of the world. A world that he loves
and works to save, in his artwork and in
his respect for nature. His artistic talent
has been fueled by the beauty found in
the mountains, the oceans and world
cultures. His dreams fi ll in the missing
pieces. As a snowboarder he has been
able to travel the world to discover and
embrace all elements of beauty and
nature. These experiences and
relationships have been a great tool in
leading him to explore all diversities of
his passions.
Box Art Round 1
Box Art Round 2
| THE PROJECT
The City of San Luis Obispo invited artists residing in San Luis Obispo,
Santa Barbara and Monterey counties to apply for a public art proj-
ect to create art on 32 utility boxes located throughout San Luis
Obispo. The goal of the project is to use utility boxes as “canvases”
for original pieces of art as well as contribute to the vitality and at-
tractiveness of the downtown while deterring graffi ti. Not only will
this project improve the “curb appeal” of one of the most attractive,
interesting and economically vibrant downtowns in America, but it
will also give artists an opportunity to add their personal touch to the
City’s public art collection.
| MORE INFORMATION
www.slopublicart.com
City of San Luis Obispo | 805.781.7300
completed October 2010
GUIDE MAP ON BACK
19.a
Packet Pg. 215 Attachment: a - Box Art Map (1478 : 2016 Utility Box Art Designs and Locations)
Signal Location No.Intersection Description Priority No.
12 SOUTH & S. HIGUERA REPAIR
24 S. HIGUERA & MADONNA REPAIR
25 BUCHON & BROAD REPAIR
6 BROAD & PISMO REPAIR
30 OSOS & MONTEREY REPLACE
39 JOHNSON & LIZZIE 1
36 PATRICIA & FOOTHILL 2
43 MARSH & SOUTH HIGUERA 3
46 MADONNA & OCEANAIRE 4
59 BROAD & ORCUTT 5
34 FOOTHILL & CHORRO & BROAD 6
61 BROAD & TANK FARM 7
54 SOUTH HIGUERA & LOS OSOS VALLEY 8
41 JOHNSON & LAUREL 9
64 MILL & CALIFORNIA 10
35 TASSAJARA & FOOTHILL 11
47 MADONNA & LOS OSOS VALLEY 12
52 PRADO & SOUTH HIGUERA 13
62 BROAD & AERO 14
53 SOUTH HIGUERA & TANK FARM 15
37 SOUTH HIGUERA & SUBURBAN 16
50 LOS OSOS VALLEY & DESCANSO 17
40 BISHOP & JOHNSON 18
42 SOUTH HIGUERA & HIGH & PISMO 19
49 LOS OSOS VALLEY & LAGUNA LANE 20
58 ORCUTT & LAUREL 21
38 SAN LUIS DRIVE & JOHNSON 22
45 MADONNA & DALIDIO 23
60 BROAD & INDUSTRIAL 24
65 LOS OSOS VALLEY & FROOM 25
57 JOHNSON & ELLA 26
55 LOS OSOS VALLEY & CALLE JOAQUIN 27
51 MARGARITA & SOUTH HIGUERA 28
48 LOS OSOS VALLEY & ROYAL WAY 29
56 SOUTH HIGUERA & GRANADA 30
44 MADONNA & EL MERCADO 31
63 MIND BODY & TANK FARM 32BAND THREE (13) CITY OF SAN LUIS OBISPO UTILITY BOX ART PROGRAM
PRIORITY PAINTING ORDER & RANKING LIST
BAND ONE (11) (6 new + 5 Repair/Replace)BAND TWO (13) 19.b
Packet Pg. 216 Attachment: b - Box Art Priority List (1478 : 2016 Utility Box Art Designs and Locations)
City of San Luis Obispo, Parks and Recreation, 1341 Nipomo Street, San Luis Obispo, CA, 93401-3934, 805.781.7300, slocity.org
2016 BOX ART SELECTION JURY
Group List
Name Representative
1. Steve Akers Bike SLO County, SLO Resident
2. Sandy Baer SLO History Center, Cultural Heritage Committee
Representative
3. Jamie Bell Land Conservancy
4. Kiersten Demmon Arts Education Teacher, SLO Resident
5. Aaron Gomez Local Business Owner, SLO Resident, Chamber Economic
Vitality Committee Representative
6. Cindy Lambert SLO History Center, SLO Resident
7. Ken McGavin Local Business Owner
8. Charlene Rosales SLO Chamber of Commerce, Governmental Affairs
9. Carol Paquet Artist, Arts Director
10. Allen Root Local Artist, Arts Advocate, Architectural Review
Commission Representative
11. Angela Soll SLO Resident, Architectural Review Commission
Representative
12. Nicki Sucec Local Artist
13. Brent Vanderhoof Downtown Association Representative
14. Chris Woods City Staff, SLO Resident
Facilitated by the City of San Luis Obispo Public Art Manager, Melissa Mudgett
19.c
Packet Pg. 217 Attachment: c - Box Art Jury Roster (1478 : 2016 Utility Box Art Designs and Locations)
September 6, 2016
2016
UTILITY BOX ART
PROJECT
BOX ART DESIGNS &POTENTIAL CITY
LOCATIONS,AS PROPOSED BY THE ART
JURY SELECTION GROUP,FOR ADVISORY
BODY AND CITY COUNCIL CONSIDERATION
AND APPROVAL
19.d
Packet Pg. 218 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Map of
Proposed*
2016 Box
Art Project
Locations
*As proposed by the Box Art
Jury Selection Group on August
31, 2016
19.d
Packet Pg. 219 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Proposed 2016 Box Art Locations
6
NEW
Locations
4
REPAIRED
Locations
1
UPGRADED
Utility Box
11
BOX ART
MURALS
19.d
Packet Pg. 220 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #36 –Patricia @ Foothill
NEW -PROPOSED
“SLO Many Cows” –Elena Aker
#1
19.d
Packet Pg. 221 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #34 –Foothill & Chorro & Broad
NEW -PROPOSED
“Sweet and Low” –Bret Brown
#2
19.d
Packet Pg. 222 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #46 –Madonna @ Oceanaire
NEW -PROPOSED
“Once Upon a Dream” –Alister Dippner
#3
19.d
Packet Pg. 223 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #43 –Marsh @ Higuera
NEW PROPOSED
“Celebrate SLO” –Nate Erlin
#4
19.d
Packet Pg. 224 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #39 –Johnson @ Lizzie
NEW -PROPOSED
“Naturally Beautiful” –Laura Lozano
#5
19.d
Packet Pg. 225 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #59 –Broad @ Orcutt
NEW -PROPOSED
“Robot” –Heidi Kruger
#6
19.d
Packet Pg. 226 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #30 –Osos @ Monterey
SIGNAL REPLACEMENT
“Love of Color” –Sara Burke
#7
19.d
Packet Pg. 227 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #6 –Broad @ Pismo
BOX MODIFICATION REPAIR
“Jacaranda Deco” –Elizabeth Hudson
#8
19.d
Packet Pg. 228 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #12 –South @ Higuera
BOX MODIFICATION REPAIR
“Signature Birds of San Luis Obispo County” –
Marcie Hawthorne
#9
19.d
Packet Pg. 229 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #24 –Higuera @ Madonna
BOX MODIFICATION REPAIR
“Pismo” –Chris Pederson
#10
19.d
Packet Pg. 230 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
Location #25 –Buchon @ Broad
BOX MODIFICATION REPAIR
“Roots, Rocks, Right and Left” –Chris Pederson
#11
19.d
Packet Pg. 231 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
NEXT STEPS FOR BOX ART
•Architectural Review Commission (ARC)
9/19/16* at 5:00pm Council Hearing Room
•Cultural Heritage Committee (CHC) 9/26/16*
5:30pm Council Hearing Room
•Parks & Recreation Commission (PRC)
10/5/16* at 5:30pm Council Chambers
Advisory
Body
Reviews
•City Council Review and Approval of
Recommended box art designs & locations
•October 18, 2016*
•6:00pm -Council Chambers
City Council
Approval
•Prime, Paint & Prepare Utility Boxes
•Artist Orientation Meeting
•2016 BOX ART PAINTING: Tentatively
Scheduled for November 7-18, 2016* (2 Week
Period)
Box Art
Painting
Note: Updated information and schedules will be provided on the City’s Website at:
http://www.slocity.org/government/department -directory/parks-and-recreation/public-art/box-art-
program
*Public
Meeting
Dates as
listed here
are tentative
and may be
subject to
change
19.d
Packet Pg. 232 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
QUESTIONS?
Melissa Mudgett
Recreation Department & Public Art Program Manager
Parks & Recreation
Administration
1341 Nipomo Street, San Luis Obispo, CA 93401-3934
E mmudgett@slocity.org
T 805.781.7296
slocity.org
19.d
Packet Pg. 233 Attachment: d - Proposed Artwork and Locations (1478 : 2016 Utility Box Art Designs and
DRAFT Action Update
ARCHITECTURAL REVIEW COMMISSION
Monday, September 19, 2016, 5:00 PM
Joint Architectural Review Commission
& Cultural Heritage Committee
Special Meeting
Council Chambers
990 Palm Street
CALL TO ORDER: Chair Wynn at 5:07 PM
PRESENT: (ARC) Commissioners Patricia Andreen (5:09), Amy Nemcik, Allen Root, Angela
Soll, Vice- Chair Suzan Ehdaie, and Chair Greg Wynn; (CHC) Committee Members Sandy Baer,
James Papp, Leah Walthert, and Vice-Chair Thom Brajkovich
ABSENT: (CHC) Committee Members Craig Kincaid, Shannon Larrabee, and Chair
Jaime Hill
PUBLIC HEARINGS
1. 1600 Bishop Street. ARCH-3336-2016: Review of the rehabilitation and adaptive reuse of the
Sunny Acres building for 13 residential units, a community room and office as part of an
affordable housing residential care facility. The project also includes the construction of three
new residential structures that contain an additional 21 units. Environmental review includes a
Mitigated Negative Declaration of Environmental Impact; R-1, R-2-SF & C/OS zones;
Transitions Mental Health Association (THMA) & HASLO, applicant. (Rachel Cohen)
ACTION: UPON MOTION BY CHAIR WYNN, SECONDED BY COMMISSIONER
SOLL, the Architectural Review Commission adopted the Draft Resolution which approves
the project and the Mitigated Negative Declaration, based on findings and subject to the
following amended conditions; on the following 6:0:0:0 vote:
AYES: Wynn, Soll, Andreen, Nemcik, Root, Ehdaie
NOES: None
ABSTAIN: None
ABSENT: None
A.) Finding #1: exchange the word “subordinate” with “differentiated” to now read: The
proposed construction of the three new residential structures is consistent with Secretary
of Interior Standards for new construction on historic properties since the new construction
is subordinate differentiated to and compatible with the scale, size, massing and
architectural features of the Sunny Acres building.
B.) Condition #5 to be modified with added underlined language: Replacement windows shall
not introduce incompatible materials or configurations which would be incompatible with
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the architectural style and fenestration of the Sunny Acres building. The replacement
windows shall include three dimensional muntins and be compatible and complementary
with the existing windows in terms of color and finish so the historic architectural character
of the building is not detrimentally affected, subject to the approval of the Community
Development Director.
C.) Condition #6 to be modified with added underlined language: Plans submitted for a
building permit shall call out the colors and materials of all proposed building surfaces and
other improvements. Colors and materials shall be consistent with the color and material
board submitted with Architectural Review application. The brick used on the new
structures shall have varied, non-monochromatic coloring consistent with the existing
Sunny Acres building.
D.) New Condition #7: The project shall soften the hard sides of buildings B & C adjacent to
the stairs by including design elements (such as landscaping, public art, etc.) that breaks
up the large expanses of blank walls, to the satisfaction of the Community Development
Director.
E.) New Condition #8: The applicant shall photo document the current interior and exterior
condition of the Sunny Acres building, to the satisfaction of the Community Development
Director.
BUSINESS ITEMS
2. Citywide. ARCH-3824-2016: Review of public art designs and locations proposed for the
2016 Utility Box Art project to paint city-owned utility boxes; Public Right-of-Way; City of
San Luis Obispo Parks and Recreation Department, applicant. (Melissa Mudgett)
ACTION: UPON MOTION BY COMMISSIONER ROOT, SECONDED BY COMMISSIONER
ANDREEN, the Architectural Review Commission approved the artwork designs and traffic
signal locations for the 2016 Utility Box Art project as consistent with adopted Guidelines for
Public Art; on the following 6:0:0:0 vote
AYES: Root, Andreen, Ehdaie, Nemcik, Soll, Wynn
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT: 8:25 P.M.
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Cultural Heritage Committee
Action Update
Monday, September 26, 2016
Regular Meeting of the Cultural Heritage Committee
CALL TO ORDER: Chair Hill at 5:32 PM
PRESENT: Committee Members Sandy Baer, Craig Kincaid, Shannon Larrabee,
James Papp, Leah Walthert, Vice-Chair Thom Brajkovich, and Chair Jaime Hill
ABSENT: None
Consideration of Minutes for the CHC Regular Meeting of July 25, 2016:
ACTION: UPON MOTION BY COMMITTEE MEMBER PAPP, SECONDED BY
COMMITTEE MEMBER BAER, the CHC Minutes of July 25th, 2016 were approved with the
following amendments:
1.) Page 3, Finding #4, end punctuation change (from ; to .)
2.) Page 4, third paragraph to read: “… provided local examples of painted wall signs from
the early 1900’s…”
3.) Page 5, seventh paragraph to read: Union Hardware Building; Miner’s minor sign
exception
on the following 7:0:0:0 vote:
AYES: Papp, Baer, Kincaid, Larrabee, Walthert, Brajkovich, Hill
NOES: None
ABSTAIN: None
ABSENT: None
1. Utility Box Art in Historic District locations. OTHR 3827-2016: Review of proposed
artwork designs and traffic signal locations for the 2016 Utility Box Art project at three
locations within the Old Town and Downtown Historic Districts with a categorical exemption
from environmental review, C-D-H & R-2-H zones; City of San Luis Obispo, applicant.
(Melissa Mudgett)
ACTION: UPON MOTION BY COMMITTEE MEMBER LARRABEE, SECONDED BY
COMMITTEE MEMBER BAER, the Cultural Heritage Committee adopted a Draft Resolution
which provides the determination for City Council that the CHC finds the box art design for traffic
signal utility boxes located in the Old Town and Downtown Historic Districts, as part of the 2016
Box Art Project, consistent with its Historical Preservation Program; on the following 7:0:0:0 vote:
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AYES: Larrabee, Baer, Kincaid, Papp, Walthert, Brajkovich, Hill
NOES: None
ABSTAIN: None
ABSENT: None
2. 840 Monterey Street. ARCH-3534-2016: Review of request to place a wall sign on an
elevation without a public entrance on a Contributing Historic Structure (Blackstone Hotel),
with a categorical exemption from environmental review; C-D-H zone; Coast Monument
Signs, applicant. (Kip Morais)
ACTION: UPON MOTION BY COMMITTEE MEMBER LARRABEE, SECONDED BY
COMMITTEE MEMBER BAER, the Cultural Heritage Committee recommended the Community
Development Director deny approval of the project, as the sign at this location is not consistent
with the surrounding neighborhood and adds sign clutter at a critically sensitive location facing
the Mission; on the following 6:1:0:0 vote:
AYES: Larrabee, Baer, Kincaid, Papp, Walthert, Hill
NOES: Brajkovich
ABSTAIN: None
ABSENT: None
3. 1119 Garden Street. ARCH-2588-2016: Review of proposed modifications to the façade of
the Union Hardware Building, a Master List Historic Structure, with a categorical exemption
from environmental review; C-D-H zone; Garden Street SLO Partners, applicant. (Walter
Oetzell)
ACTION: UPON MOTION BY COMMITTEE MEMBER PAPP, SECONDED BY VICE-
CHAIR BRAJKOVICH, the Cultural Heritage Committee found the proposed storefront
modifications to be consistent with the Historic Preservation Ordinance and adopted the draft
resolution recommending the director find the modifications consistent with the Secretary of the
Interior Standards for the Rehabilitation of Historic Properties; on the following 7:0:0:0 vote:
AYES: Papp, Brajkovich, Larrabee, Baer, Kincaid, Walthert, Hill
NOES: None
ABSTAIN: None
ABSENT: None
4. 12165 Los Osos Valley Road. PRE-1293-2015: Pre-application review of the conceptual
plan for the multiple structures comprising the Froom Ranch Historic Complex, including
structure demolition, and structure relocation and adaptive reuse within a proposed proximate
park, in association with the Froom Ranch / Il Villagio Specific Plan (Madonna on Los Osos
Valley Road Specific Plan); John Madonna, applicant. (Shawna Scott)
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.
ACTION: UPON MOTION BY COMMITTEE MEMBER PAPP, SECONDED BY
COMMITTEE MEMBER BAER, the Cultural Heritage Committee provided feedback on the
applicant’s conceptual plan for the multiple structures comprising the Froom Ranch Historic
Complex, including structure demolition, structure relocation, and adaptive reuse within a
proposed proximate park; made Motion indicating CHC is in favor of the preservation of structures
intact and in situ, in accordance with the California Environmental Quality Act and Secretary of
Interior’s Standards, and toward maintaining the historic narrative and meaning of the complex ;
on the following 6:1:0:0 vote:
AYES: Papp, Baer, Larrabee, Walthert, Brajkovich, Hill
NOES: Kincaid
ABSTAIN: None
ABSENT: None
5. 1027 Nipomo Street. ARCH-3216-2016: Review of a new four-story mixed-use
development proposed in the Downtown Historic District that includes 8,131 square-feet of
commercial/retail space, 23 residential units and hotel use (7 rooms), with a categorical
exemption from environmental review; C-D-H zone; Creekside Lofts, applicant. (Rachel
Cohen)
ACTION: UPON MOTION BY CHAIR HILL, SECONDED BY COMMITTEE MEMBER
KINCAID, the Cultural Heritage Committee directed the Applicant to re-evaluate height, scale,
massing & detailing for greater consistency with neighboring historic structures within the
Downtown Historic District and return to the CHC on a date uncertain; on the following 7:0:0:0
roll call vote:
AYES: Hill, Kincaid, Papp, Baer, Walthert, Larrabee, Brajkovich
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT: 9:51 p.m.
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Minutes - DRAFT
PARKS AND RECREATION COMMISSION
5 October, 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 5th day of
October, 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: Commissioners Greg Avakian, Susan Olson, Keri Schwab, Douglas Single, Rodney Thurman,
Vice Chair Susan Updegrove and Chair Jeff Whitener
Absent: Commissioner Keri Schwab.
Commissioner Douglas Single exited the meeting at 6:30pm.
Staff: Parks and Recreation Director Shelly Stanwyck, Recreation Manager Melissa Mudgett,
Recreation Supervisor Facilities, Devin Hyfield, Parks Maintenance Supervisor Jeff Hendricks
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Joel Orth, SLO Resident, expressed his concern about the significant waitlists for afterschool care.
Director Stanwyck shared information about State licensing requirements, School District space
limitations and budget restraints for the hiring and training of additional staff. She added that staff
continues to look at enrollment trends with the future closure of Diablo and the impacts to the School
District.
PRESENTATIONS, INTRODUCTIONS, APPOINTMENTS
None
CONSENT AGENDA AND CONSIDERATION OF MINUTES
ACTION: APPROVE THE MEETING MINUTES OF SEPTEMBER 7, 2016 AS AMENDED BY
VICE CHAIR UPDEGROVE, SECOND BY COMMISSIONER THURMAN.
1. Consideration of Minutes
CARRIED 6:0:0:1 to approve the minutes of the Parks and Recreation Advisory Body for the
meeting of 09/07/2016.
AYES: AVAKIAN, OLSON, SINGLE, THURMAN, UPDEGROVE, WHITENER
NOES: NONE
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ABSTAIN: NONE
ABSENT: SCHWAB
PUBLIC HEARINGS AND BUSINESS ITEMS
2. Presentation: Impacts of the Drought on City Turf & 2016 Renovations
Parks Maintenance Supervisor Jeff Hendricks provided the Commission with a brief overview
of the Parks Maintenance activities, conditions of the drought via State water restriction
mandates on the City’s turf facilities as well as upcoming field renovations. Staff Hendricks
alerted the Commission on the severe impacts of the watering restricting and the inability to
renovate turf. He expressed strong concerns that the inability to restore turf during the 10-week
renovation period will significantly impact recreational play and future uses of the fields in
2017. He added that Parks Maintenance has two full-time staff dedicated to the Damon Garcia
Sports fields.
Public Comment
Steve Davis, SLO Resident and plays soccer at Damon Garcia said he felt the turf conditions at
Damon Garcia this year have been worse. He asked the Commission to consider this time of
sever degradation as an opportunity to rethink the turf fields. He also recommended putting
together a user’s group to facilitate communications and interactions between staff and users.
Commission Comments followed.
Commissioner Avakian asked if the City Staff has explored artificial turf. Staff Hendricks
responded that the only viable field for artificial turf is the upper field as the lower fields are
located in a flood zone. Director Stanwyck said artificial turf was last studied 8-10 years ago
and it would be timely to research this alternative again.
Commissioner Olson asked about limiting play in response to the safety concerns of play on
irregular surfaces. Director Stanwyck refreshed the Commission about the Departments’
Strategic Planning goals which included expansion of additional facilities for purchase and
development and an exploration of ways to convert fields to year-round artificial turf.
Commissioner Single asked if resources could be diverted to the Damon Garcia location.
Directed Stanwyck said that water restrictions are specific to each site.
Commissioner Thurman commented on potential health effects of artificial turf products. He
asked about replanting of parks with sustainable and drought tolerant plantings and trees. Staff
Hendricks responded affirmatively.
Chair Whitener asked about the average usage of Damon Garcia Sports fields. Staff Hyfield
said the annual average is approximately 35 hours/per field weekly. Chair Whitener asked
about flexibility of changing watering restrictions to allowing 3-days/week. Staff Hendricks
responded that City would be required to prove that it had 3-years’ in water reserves at the
current conditions before the State would consider lifting restrictions.
3. Review and Recommend to Council Adoption of Proposed 2016 Box Art Project
Recreation Manager Melissa Mudgett presented the proposed 2016 Box Art designs and traffic
locations for the Commission to consider. The Architectural Review Commission and Cultural
Heritage Committee have previously reviewed the proposed box art designs and concur with
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the Art Jury’s recommendation for approval as the designs are consistent with Historical and
Public Art guidelines.
Commission Comments followed.
The Commission expressed its support of the proposed box art designs and the expansion of the
public art program.
ACTION: RECOMMEND TO THE CITY COUNCIL THAT IT APPROVE THE BOX ART
MURAL DESIGNS AND LOCATIONS, AS RECOMMENDED BY THE CULTURAL
HERITAGE COMMITTEE AND ARCHITECTURAL REVIEW COMMISSION, AS
MEETING HISTORICAL AND PUBLIC ART GUIDELINES FOR THE 2016 BOX ART
PROJECT, MOTION BY COMMISSIONER OLSON, SECOND BY COMMISSIONER
AVAKIAN.
CARRIED 5:0:0:2 to recommend Council approval of the 2016 Box Art Project designs and
locations.
AYES: AVAKIAN, OLSON, THURMAN, UPDEGROVE, WHITENER
NOES: NONE
ABSTAIN: NONE
ABSENT: SCHWAB, SINGLE
COMMITTEE COMMUNICATIONS
Director’s Report
Director Stanwyck provided a brief overview of current Parks and Recreation programming.
Reminder: Annual Parks Tour on Friday, October 14th at 8:15AM. Updated about the
schedule and Pickleball Court options.
A Big Thank you to Vice Chair Updegrove for speaking at the Volunteer Appreciation
Dinner at the Jack House.
The first ever September Scramble Kid Adventure obstacle course Golf Course was a
success!!! Almost 370 kids participated!
Bike Rodeo last Saturday was another smash hit!
City Council to review 2016 Box Art project on October 18, 2016
October 22nd “Make a Difference Day” – Laurel Lane Community Garden Clean-up
Boo Bash – Meadow Park – October 28th 5:00PM
Ranger trail construction on Cerro San Luis connect the M trail
Bishop Peak fuel reduction with con-crews; removed 12 beds of cut wood and 20 trailers.
11,000 hours of work.
No citations in open space this weekend; all dogs on leash and no after-hour violations
Next meeting consideration of Advisory Body goals as part of the 2-year Financial
Planning process.
Commission Communications
LIAISON REPORTS
Adult and Senior Programming: Commissioner Single was absent. No Report.
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Bicycle Advisory Committee: Commissioner Olson said the BAC discussed improving
bollards and State Route 227 study, Edna Price Canyon Trail made a short-term top
priority. BAC working on developing City Budget goals.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner
Avakian said Cal poly has started classes at the Golf Course. Golf rounds stead in
September. Reminder that kids play free Saturday with a paying adult. Night Golf
offered again on October 15th. September Scramble was a huge success! Pink Charity
Tournament on October 29th. Re-Sodding of the putting greens to reopen in November.
SLO Swim Center performing live action trainings. Reported on Damon Garcia sports
use. The Ludwick Community Center will be used as a polling place. Meadow Park
lighting will be replaced in early October. The Sinsheimer Playground project will be re-
bid adding a slight delay to project construction. Field allocation requests will be
emailed to users this week.
Tree Committee: Commissioner Thurman shared that the Urban Forest division now has
a part-time staff position to help review urban forestry plans and tree removal
applications.
Jack House Committee: Vice Chair Updegrove reported that the Jack House Committee
is discussing limiting the use of the house and gardens for private weddings during public
hours. There are mold issues in some of the paperworks collections. The Committee will
be analyzing humidity in the house and discuss options. The Jack House will be hosting
the annual flower exhibits in May 2017. The Committee is working on developing a
deaccessioning plan.
Youth Sports: Commissioner Schwab was absent. No report.
ADJOURNMENT
The meeting was adjourned at 7:22 p.m. to the Special Meeting of the Annual Parks Tour on October 14,
2016 at 8:15AM.
The next Regular meeting of the Parks and Recreation Commission is scheduled for 02, November, 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: 10/05/2016
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blank.
Meeting Date: 10/18/2016
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: REVIEW OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION
TO DENY A NEW FOUR-STORY MIXED-USE PROJECT WITH GROUND
FLOOR COMMERCIAL/RETAIL SPACE AND 27 RESIDENTIAL UNITS,
INCLUDING A REQUEST FOR A 40% PARKING REDUCTION WITH
MECHANICAL PARKING LIFTS. 11% OF THE UNITS IN THE PROJECT
WILL BE AFFORDABLE FOR VERY-LOW INCOME HOUSEHOLDS AND
AFFORDABLE HOUSING INCENTIVES ARE REQUESTED, INCLUDING A
35% DENSITY BONUS, AND THE CONSTRUCTION OF A 43-FOOT TALL
STRUCTURE WHERE 35 FEET IS NORMALLY ALLOWED.
PLANNING COMMISSION ACTION
The Planning Commission denied approval of a use permit for a mixed-use project in the
Foothill Boulevard special planning area. Staff has included a resolution (Attachment A) denying
the appeal, which would affirm the Planning Commission action to deny the project, based on
required findings.
STAFF RECOMMENDATION
Adopt a resolution (Attachment B) upholding the appeal of the Planning Commission’s denial of
a use permit for a mixed-use project at 22 Chorro Street, thereby approving the use permit for a
mixed-use project in the Foothill Boulevard special planning area, a 40% parking reduction and
the use of mechanical parking lifts, including approval of a height exception as an affordable
housing incentive.
SITE DATA
Applicant San Luis Development Group, LLC
Representative Thom Jess, Architect
Zoning C-C-SF (Community Commercial
with a Special Focus Overlay)
General Plan Commercial
Site Area 0.55 acres (24,033 s.f.) (3 parcels)
Environmental
Status
Categorically Exempt from
environmental review under Section
15332 (In-Fill Development
Projects) of the CEQA Guidelines.
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REPORT-IN-BRIEF
The applicant submitted an application for approval of a project for a new four-story mixed-use
project with 1,600 square feet of ground floor commercial/retail space and 27 residential units.
The project includes a 35% density bonus as mandated by State law, because 11% of the units
are designated for very-low income households. As one of its affordable housing incentives, the
applicant is requesting a 43-foot maximum height for the structure where 35 feet is allowed. The
project also includes a request for a combined 40% parking reduction and the use of mechanical
parking lifts, as allowed by the Zoning Regulations with the approval of a use permit.
The project is located within the Foothill Boulevard/Santa Rosa Special Planning Area and,
therefore, required Planning Commission (PC) review and approval (Zoning Regulations,
Chapter 17.53: Special Focus Area (S-F) Overlay Zone). The project also requires architectural
review by the Architectural Review Commission.
On August 24, 2016, the PC reviewed the proposed project and voted to deny the project based
on various findings relating to impacts to the health, safety and welfare due to the height of the
development and lack of on-site parking (Attachment C, PC Resolution).
On August 31, 2016, the applicant appealed the PC’s decision to deny the project (Attachment F,
PC Appeal and Supplemental Letter).
While the staff recommendation is to uphold the appeal and approve the project (as more fully
explained below), the City Council may choose to deny the appeal, thereby upholding the
Planning Commission decision. If the City Council chooses to deny the appeal, special findings
are needed as required by State law to form an adequate basis for the denial. Staff has provided
findings for project denial for the Council’s consideration which are set forth in Attachment A.
The staff recommendation to uphold the appeal is reflected in Attachment B. The following
discussion provides additional background and analysis of the proposed project and the appeal.
DISCUSSION
Project Description
The project site is an existing 24,033 square foot lot located at the corner of Chorro Street and
Foothill Boulevard (Attachment D, Vicinity Map). The site is zoned Community Commercial
(C-C) and has a 36 density units per acre, the highest density allowed in the City. The site i s
relatively flat, currently vacant, and was last utilized as a gas station. The site is surrounded by
the following uses and zoning:
North: C-R-SF (University Square Shopping Center)
South: R-1 (Single family residences)
East: C-C-SF (G. Brothers Restaurant)
West: C-C-SF & R-1 (Jamba Juice, Starbucks, Single family residences)
The project proposes to construct a new four-story mixed-use project as described below
(Attachment E, Project Plans):
1,600 square feet of ground floor commercial/retail space;
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27 residential units (23 two-bedrooms and 4 studios restricted for very-low income
households);
A request for a 40% shared/mixed-use/bicycle parking reduction to reduce the required
parking from 55 parking spaces to 33 parking spaces; and
113 bicycle parking spaces (80 long-term and 33 short-term).
Background
The areas discussed below provide important background information on the policy and
regulatory environment that shape the review of the project. Although approval of this use permit
would result in a building that is taller than adjacent development, staff’s analysis of the project
shows that it can be found consistent with the City’s General Plan and Zoning Code. In this case,
the policy and regulatory structure favor the production of housing by enabl ing concessions for
height and reductions in parking. Taken together with the project’s central location and the
incentives and strong protections afforded by State law for housing projects (especially
affordable housing), the proposed mixed use project that uses an affordable housing density
bonus and height exception to provide more housing than would otherwise be allowed, and
which is situated along a major transit, bike, and pedestrian corridor, is on balance consistent
with City policies and regulations. These issues are more fully discussed in the followed six
subsections.
1. Land Use Element, Chapter 8: Special Focus Area
On December 9, 2014, the City Council adopted the new Land Use and Circulation Elements
(LUCE) of the General Plan. As a part of the update, a new section was added to the Land Use
Element (LUE) that identified Special Planning Areas. The proposed project is located in the
Foothill Boulevard/Santa Rosa Special Planning Area,1 which includes property on both sides of
Foothill Boulevard between Chorro and Santa Rosa currently developed as commercial centers
that include highway and neighborhood serving commercial uses. The Foothill Boulevard/Santa
Rosa Special Planning Area encourages the development of mixed-use projects, adjustments in
parking and height requirements and improving intersections along Foothill Boulevard. Below is
a copy of Policy 8.2.1 from the LUE.
1 Land Use Element Section 8.2.1. Foothill Boulevard / Santa Rosa Area.
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2. Housing Element
The Housing Element (HE) outlines a series of goals and policies to encourage the development
of housing production for all financial strata of the City's population. The City has outlined in
HE Goal 2 that housing should be in-line with the Regional Housing Needs Allocation, for the
2014 - 2019 planning period (see Table 1). The project is proposing to construct four very-low
income units which are some of the more challenging units to be provided within a private
development. The HE further states that affordable housing units should be intermixed and not
segregated by economic status and encourages housing development that meets a variety of
special needs, including large families, single parents, disabled persons, the elderly, students,
veterans, the homeless, or those seeking congregate care, group housing, single-room occupancy
or co-housing accommodations, utilizing universal design (HE Policy 8.1). The Housing
Element also states that preference for residential be given over commercial uses (Policy 11.1).
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In addition, the Housing Element further states:
That the City should continue to consider increasing residential densities above state
density bonus allowances for projects that provide housing for low, very low and
extremely low income households (Policy 2.17); and
That the City should continue to incentivize affordable housing development with density
bonuses, parking reductions and other development incentives, including City financial
assistance (Program 6.19).
Table 1: Housing Element Table 6: Remaining RHNA need based on dwelling units approved,
under construction or built (January 1, 2014 to October 11, 2016)
Income Category
A B A-B
New
Construction
Need
(RHNA)
Dwelling Units
Approved, Under
Construction or Built
Remaining RHNA
Need, Dwelling
Units
Extremely-Low (< 31% of
AMI)
142 5 137
Very Low (31-50% of AMI) 143 53 90
Low (51-80% of AMI) 179 81 98
Moderate (81-120% of AMI) 202 95 107
Above Moderate (>120% of
AMI)
478 4781 0
TOTAL RHNA UNITS 1,144 7121 432
Source: City of San Luis Obispo Community Development Department, 2016
1No credit allowed for the number of above moderate units built that exceed RHNA. Actual above moderate units =
1,350.
3. Circulation Element
The Circulation Element (CE) states the City’s goals and objectives to increase multi-modal
transportation within the City. The CE includes the following Transportation Goals (Section
1.6.1.):
Maintain accessibility and protect the environment throughout San Luis Obispo while
reducing dependence on single-occupant use of motor vehicles, with the goal of
achieving State and Federal health standards for air quality.
Reduce people's use of their cars by supporting and promoting alternatives such as
walking, riding buses and bicycles, and using car pools.
One of the Transportation Objectives states, Encourage better transportation habits… Increase
the use of alternative forms of transportation and depend less on the single-occupant use of
vehicles (Section 1.7.1). The use of public transit, walking and biking are specifically supported
by numerous policies in Chapters 3 through 6 of the CE. Further details on the project’s
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consistency with Transportation policies and the provision of multi-modal transportation is
discussed in the Parking section under Staff Recommendation below.
4. Major City Goal
Housing was determined to be one of the most important, highest priority goals for the City to
accomplish over 2015-17 financial year. The goal states: Implement the Housing Element,
facilitating workforce, affordable, supportive and transitional housing options, including support
for needed infrastructure within the City’s fair share.
5. State Housing Density Bonus Law
California State law encourages the development of affordable housing and provides density
bonuses based on the inclusion of affordable units within a project. In addition to a density
bonus, by providing a certain percentage of affordable units within a project (as outlined in
Section 17.90.060 of the Zoning Regulations), a developer may receive alternative incentives or
concessions for the project. For this project, the developer is setting aside four units for very-low
income (11%) which equals a mandated 35% density bonus in accordance with State law and the
City’s Zoning Code.
Under the State Density Bonus law (Gov. Code section 65915), a public agency is required to
grant the incentive or concession unless it makes a written finding, based on substantial
evidence, that the concession or incentive would have a specific adverse impact upon public
health and safety and there is no feasible method to satisfactorily mitigate or avoid the s pecific
adverse impact without rendering the development unaffordable. “Specific adverse impact”
within this statute means a “significant, quantifiable, direct and unavoidable impact, based on
objective, identified, written public health or safety standards, policies or conditions as they
existed on the date the application was deemed complete.”2 In addition, the State Density Bonus
law requires a City to waive or modify development and zoning standards that would physically
preclude the utilization of the density bonus, incentives, and concessions that the applicant is
entitled to on a particular site and may only be denied if the findings above are met (Gov Code
section 65915(e)).
In other words, State law requires a public agency to relax its development standards to allow for
the physical construction of the additional “density units” unless the relaxation of such standards
will result in specific adverse impacts within the meaning defined above.
6. Housing Accountability Act
The Housing Accountability Act applies to “housing development projects” which includes
mixed-use developments consisting of residential and non-residential uses in which non-
residential uses are limited to neighborhood commercial uses and to the first floor of the
building. The project is a housing development project under the Act. Section 65589.5(d)(2) of
the Act states that:
2 Gov. Code section 65589.5(d)(2).
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(d) A local agency shall not disapprove a housing development project…for very low, low-, or
moderate-income households…or condition approval in a manner that renders the project
infeasible for development for the use of very low, low-, or moderate-income
households…including through the use of design review standards, unless it makes written
findings, based upon substantial evidence in the record, as to one of the following:
(2) The development project…as proposed would have a specific, adverse impact upon the
public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact without rendering the development unaffordable to low- and
moderate-income household…a “specific, adverse impact” means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the application was deemed
complete. Inconsistency with the zoning ordinance or general plan land use designation shall
not constitute a specific, adverse impact upon the public health or safety.
Planning Commission Action
At the August 24, 2016 meeting, the PC evaluated the proposed mixed-use project and voted 4:1
Commr. Dandekar absent) to deny the use permit (Attachment C, PC Resolution; Attachment H,
PC Meeting Minutes).
Public Testimony
The public provided comments on the project during the PC hearing as well as through written
correspondence. A series of repeated themes/concerns were shared by several different
individuals. Concerns included: that the project, as proposed, was out of scale and character with
the neighborhood and overall too tall; the project interfered with the privacy of the next door
neighbors; the site had too many units; the project had too few parking spaces and that the
project should have 100 parking spaces to accommodate the “real” number of people living on
the site; residents of the project would park on the neighborhood streets that are already
impacted; that the project would drive down adjacent property values; and would increase the
traffic and congestion at the intersection of Chorro and Foothill. Others shared support for the
project stating that it provided much needed housing, made the best use of the corner lot,
provided a buffer between Foothill and the residential neighborhood and promoted multi -modal
transportation.
Planning Commission Findings
Following significant public testimony and deliberation, the PC denied the use permit based on
the following findings:
1. That the project will be detrimental to the health, safety, or welfare of those working or
residing in the vicinity because the proposed parking reduction is excessive and the
height is inconsistent with the General Plan.
2. That the request for reduced parking is inconsistent with San Luis Obispo Municipal
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Code section 17.16.060 in that the requested parking reduction is excessive for the
proposed use and that the times of the proposed mixed-use parking demand from the
various uses will coincide in such a way that it will have detrimental impacts on the
surrounding area.
3. That the proposed project height is inconsistent with Conservation and Open Space
Element Policy 9.2.1 because the project will block views from Foothill Boulevard which
is designated as having moderate scenic value.
4. That the proposed project height is inconsistent with the Land Use Element Policy
2.3.9.E Compatible Development: Architecture; the project’s height and scale does not
provide a smooth transition between the existing and proposed development.
5. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5.3.A.1 and 5.3.C: the project’s height and scale does not provide a smooth
transition between the immediate neighborhood.
6. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
Applicant Appeal
On August 31, 2016, the applicant, San Luis Development Group, LLC, filed an appeal of the
PC’s decision to deny the project. The appeal form and supplemental letter express concerns that
the Planning Commission’s decision for denial was not justified because it is inconsistent with
and/or violates local, Federal and/or State laws and policies (Attachment F, PC Appeal and
Supplemental Letter). The letter from the applicant highlights that the proposed project is
consistent with the City’s General Plan, in particular LUE Section 8.2.1 which describes
development within the Foothill Boulevard/Santa Rosa Special Planning Area, the Major City
Goal regarding housing, Zoning Regulations regarding parking reductions (Section 17.16.060),
and the California Density Bonus Law and Housing Accountability Act.
STAFF RECOMMENDATION
Staff carefully evaluated the Planning Commission’s decision and the applicant’s appeal in the
context of City Council General Plan goals and policies, the City’s Zoning Code, the State
Density Bonus law and Housing Accountability Act. Based on these combination of factors, staff
is recommending the City Council uphold the appeal and approve the project. It should be noted
that the project will require architectural review and modifications to the project design may be
considered by the ARC to the extent that they do not reduce height/density to the point th at
would render the project infeasible.
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1. Height
The applicant is requesting a height exception as a Density Bonus incentive for including four
studios for very-low income households within the project (11% of the project is affordable).
According to Zoning Regulations Chapter 17.90: Affordable Housing Incentives, the developer
may request an incentive or concession, such as a height increase, when providing at least 10%
of the units for very-low income households.3
Staff’s rationale for recommending approval of the height exception is several fold:
1. State Density Bonus law allows a developer to request a concession such as a height
exception and a public agency must grant that exception unless it can make certain
findings.
2. State Density Bonus law further requires a public agency to relax development standards
to allow for the physical construction of the “density units.” In this case, the project
includes 7 density bonus units, 5 of which are on the top floor. Stated differently, the
additional maximum height allowance to accommodate the top floor is needed to build
the density units.
3. The request for additional height is consistent with the Land Use policy discussion on
building height adjustments for the Foothill Boulevard/Santa Rosa Special Planning
Area. In regards to staff’s analysis on this issue, it should first be noted that the 35-foot
height restriction is based on current zoning from the prior General Plan. The policy
language in the updated LUE suggests that higher height limits are desired for this area
when development is in conjunction with mixed use developments.4 This policy states
that building height adjustments are appropriate on both sides of Foothill, although the
language itself overlaps (“…in this area…” and “…on the North side of Foothill…”).5
Based on this combination of factors, staff is recommending the Council approve the height
exception.
3 Zoning Regulations Section 17.90.060.A(2): Alternative or additional incentives. When a developer agrees to
construct housing for households of very-low, lower or moderate income households… and desires an incentive
other than a density bonus as provided in Section 17.90.040 of this chapter… the developer shall receive the
following number of incentives or concessions: (2) Two in centives or concessions for housing developments that
include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very -
low income households, or at least twenty (20) percent for persons and families of moderate income in a common
interest development.
4 Once the zoning code update comes forward later on this year, the City Council will tackle the issue of
implementing this policy.
5 The Planning Commission had considerable debate on the applicability of this policy within the LUE, especially
with regard to building height incentives and whether such incentives were appropriate for the entirety of this
planning area or just the area on the north side of Foothill.
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2. Neighborhood Compatibility
The project site is located in a neighborhood with an eclectic collection of architecture, building
heights and site design. The neighborhood includes two large shopping centers, commercial
structures separated from the street by parking, gas stations, single family residential units and
multi-family structures. The Foothill Boulevard/Santa Rosa Special Planning Area describes
redevelopment should include mixed-use development and encourages pedestrian and bike
access. Set at the back of sidewalk, the proposed building fosters a pedestrian environment along
the project and Foothill. The project is designed to provide a transition between a commercial
area and the R-1 residential area by setting the tallest portion of the structure along Foothill
Boulevard and provides residential uses adjacent to existing residential uses.6. The proposed
project further supports the transition between the R-1 and C-C zone by incorporating various
design elements consistent with LUE 2.3.97 which requires compatible development for new
housing built within existing neighborhoods. The project provides: an inviting façade towards
the street; preserves privacy between the R-1 properties and the subject site by providing
landscaping (Attachment E, Project Plans, Sheet L-1) and excluding balconies along the south
and east elevations (Attachment E, Project Plans, Sheets A2.1-A2.3 and A3.2-A3.3); preserves
solar access for adjacent the R-1 properties (Attachment E, Project Plans, Sheet A5.0); provides
street trees and parking is designed to minimize its visual impact from the public street.
6 Land Use Policy 2.3.5. Neighborhood Pattern: The City shall require that all new residential development be
integrated with existing neighborhoods. Where physical features make this impossible, the new development should
create new neighborhoods.
7 Land Use Policy 2.3.9. Compatible Development: The City shall require that new housing built within an existing
neighborhood be sited and designed to be compatible with the character of the neighborhood.
Figure 1: Rendering of the project as viewed from the commercial property across Chorro Street looking towards
University Square shopping center.
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3. Views
Concern was expressed that the
project would have an impact on
viewsheds, in particular the
views of Cerro San Luis.
Foothill Boulevard is identified
within the Conservation and
Open Space Element (COSE) as
a street with moderate scenic
value. Policy 9.2.1. states in part
that development projects shall
not wall off scenic roadways and
block views.8 Figure 2 is a
portion of the Scenic Roadways
and Vistas map of the COSE and
Cerro San Luis is not identified
with a “cone of view” from
Foothill Boulevard. It is
important to note that COSE provides policy for the protection of views from public areas such
as streets, parks, etc. The project will interrupt a small portion of the view of Cerro San Luis
from Foothill Boulevard going westbound. For clarification in response to public comment
regarding private views, the project would not impact the existing residential views toward Cerro
San Luis and views from the residential properties towards Foothill Boulevard would change
because the project site is currently vacant. However, to be clear the City’s policies address
views from public spaces and the City does not create or regulate any private viewshed rights.
Echoing staff’s reasoning in the height discussion above, various General Plan policies and State
law incentivize and otherwise encourage housing development projects to “go up.” Further, the
Foothill Boulevard/Santa Rosa Special Planning Area emphasizes that, at least within this
particular segment of Foothill, that height adjustments on top of the 35-foot maximum height
already established for this zone should be considered. In addition, one significant concern is the
extent to which the City’s viewsheds policy identified above constitutes an “objective” standard
for purposes of the Density Bonus law and Housing Accountability Act. As a result of these
factors, staff recommends that the Council approve the height exception.
8 Conservation and Open Space Element 9.2.1: Views to and from public places, including scenic roadways. The
City will preserve and improve views of important scenic resources from public places, and encourage other
agencies with jurisdiction to do so. Public places include parks, plazas, the grounds of civic buildings, streets and
roads, and publicly accessible open space. In particular, the route segments shown in Figure 11 are designated as
scenic roadways. (A) Development projects shall not wall off scenic roadways and block views.
Figure 2: Excerpt of Figure 11 of the COSE. The star marks the
approximate location of the project site; v) represents "cone of view"
Cerro San
Luis
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4. Parking
The project requires 55 spaces (50 spaces for 27 residential units and 5 spaces for 1,600 square
feet of commercial space). The residential parking calculation is based on Government Code
Section 65915(p)(B) which states that a city cannot require a vehicular parking ratio that exceeds
one on-site parking space for a studio or one bedroom and no more than two onsite parking
spaces for two to three bedroom units. The applicant is requesting a 40% parking reduction to
have a total of 33 required spaces. This request is based on a combination of two separate
provisions in the Zoning Code which allow for the reduction in the on-site parking requirements:
(1) Mixed Use Parking Reductions; and (2) Bicycle Space Reduction.
Mixed Use Parking Reductions (Up to 30%)
SLOMC 17.16.060.C states that where two or more uses share common parking areas, the total
number of parking spaces required may be reduced by up to 10%, with approval of an
administrative use permit. Section 17.16.060.C further states that by approving an administrative
use permit, the Director may reduce the parking requirement for projects sharing parking by up
to 20%, in addition to the shared parking reduction, for a total maximum parking reduction of
30%, upon finding that the times of maximum parking demand from various uses will not
coincide.
Bicycle Space Parking Reductions (Up to 10%)
The project also includes 30 additional bicycle parking spaces to allow for an additional 10%
parking reduction. Section 17.16.060.G(2) states that projects which provide more bicycle and/or
motorcycle spaces than required may reduce the required car spaces at the rate of one car space
for each five bicycle spaces, up to a 10% reduction, subject to the approval of the Community
Development Director. All bicycle parking that exceeds the required number of spaces shall be
apportioned between short-term and long-term bicycle spaces as stipulated by Table 6.5. The
project is required to provide 63 bicycle spaces (58 long term and 5 short term). The applicant is
providing 30 bicycle parking spaces for the 10% reduction plus an additional 20 more above and
beyond all the requirements for a grand total of 113 spaces (80 long term and 30 short term).
This is not an unreasonable inclusion of bicycle parking spaces as the project is anticipated to
have an expected occupancy of 100 residents. The design of the project includes a bike lounge, a
bike repair area (“bike shop”) and indoor bike storage to incentivize bicycle use by tenants
(Attachment F, Project Plans, A2.0).
Table 2: Parking calculations proposed and required by code
Parking Spaces Proposed1 Standard2
Vehicle 33 55
Bicycle (long-term) 80 58
Bicycle (short-term) 33 5
Notes:
1. Applicant’s project plans submitted 5/20/2016
2. Zoning Regulations
Parking was a highly discussed component of the project during Planning Commission review.
Discussion included whether there was sufficient off-set between the shared parking for the
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commercial space and the residential units to justify the 30% parking reduction. The City’s
parking requirements are conservatively based on nationwide parking studies (Institute of Traffic
Engineers parking generation manual) which reflects reductions for combinations of uses and
multi-modal access to those facilities such as those found in neighborhood commercial areas.
The commercial space is expected to have sufficient spaces as it is expected be used at alternate
hours during the day when residents are away at work and/or school. All together the project
provides 33 vehicle spaces, 3 motorcycle spaces, 33 short-term bicycle spaces and 80 long-term
bicycle spaces (a total of 149 spaces). These spaces are available to residents, vis itors and
customers of the site.
The reduction in parking spaces is consistent with the Transportation Goal discussed in the
Circulation Element to reduce people's use of their cars by supporting and promoting
alternatives such as walking, riding buses and bicycles, and using car pools.9 Reductions in
parking and a heavy emphasis on bicycle mobility serve this goal and further the objectives of
this policy. In addition to putting an emphasis on bicycle mobility, the project is uniquely
situated and is located in proximity to grocery stores, restaurants, entertainment, schools,
employment and two bus stops, and is easily accessible by walking or public transportation. One
bus stop is located right in front of the project and another is directly across the street, allowing
service to and from the site. This arrangement encourages better transportation habits and
increases the use of alternative forms of transportation and less dependence on the single -
occupant use of vehicles (Section 1.7.1).10 The project includes improvements to the existing bus
stop with a bus turn out and the construction of a bus stop shelter as a part of the building design
(Attachment F, Project Plans, Sheets A2.0 & A3.0). The project location provides residents as
well as customer’s various opportunities to access the site and nearby destinations without a
vehicle.
The applicant is also requesting to incorporate mechanical parking lifts as part of the project. The
project is proposing to use a Klaus TrendVario 4100 lift system which pl aces vehicles
subterranean with other vehicles parked above, at grade (Attachment F, Project Plans, Sheet 5.1).
As proposed, the system parks 27 vehicles, one for each of the residential units. The dimensions
of the system allow for a large variety of car models as listed within the Project Plans, Sheet 5.1
(Attachment F). Those vehicles that do not fit into the lift system, have the ability to park in the
regular parking stalls provided in the parking garage. The project complies with the findings of
approval with added Conditions of Approval No. 4 and 5; (4) The mechanical parking lift shall
be reviewed by the Architectural Review Commission for compliance with Community Design
Guidelines for compatibility with the building and site design and (5) Prior to building plan
approval, the applicant shall record an agreement that runs with the land that mechanical
parking systems will be safely operated and maintained in continual operation with the exception
of limited periods of maintenance (Attachment A, Draft Resolution A).
CONCURRENCES
The project has been reviewed by Police, Building, Fire, Public Works, and Utilities staff. Their
conditions have been incorporated into the resolution and these departments support the project
9 Circulation Element Transportation Goals, Section 1.6.1.
10 Circulation Element Transportation Objectives, Section 1.7.1
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if incorporated conditions of approval are adopted.
ENVIRONMENTAL REVIEW
The project is both statutorily exempt under Section 15195 and categorically exempt under Class
32, In-Fill Development Projects, Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation, within one-half a mile of a
transit stop and is consistent with the applicable zoning designation and regulations. It should be
noted that modifications to zoning regulations as required by State Density Bonus law noted
above, do not disqualify a project from claiming this exemption. See Wollmer v. City of
Berkeley, 193 Cal. App. 4th 1329, 1338 (2011). The project site occurs on a property of no more
than five acres substantially surrounded by urban uses that has no value as habitat for
endangered, rare or threatened species as the site is located on an existing developed property
and is served by required utilities and public services.
FISCAL IMPACT
When the General Plan was prepared, it was accompanied by a fiscal impact analysis, which
found that overall the General Plan was fiscally balanced. Accordingly, since the proposed
project is consistent with the General Plan, it has a neutral fiscal impact. There is no fiscal
impact associated with the approval of this project.
ALTERNATIVES
1. Deny the appeal, thereby denying the project. The Council can deny the project by upholding
the PC’s decision and denying the appeal, based on findings of inconsistency with the
General Plan, Zoning Regulations, and applicable City regulations.
2. Uphold the Appeal and provide direction to the ARC. The Council may uphold the appeal
and approve the use permit, but provide additional direction to the ARC regarding issues it
should consider during its review of the project’ s design.
Attachments:
a - Draft Resolution A
b - Draft Resolution B
c - PC Resolution (denial) - August 24 2016
d - Vicinity Map
e - Project plans
f - Planning Commission Appeal and Supplemental Letter
g - PC Staff Report - August 24 2016
h - PC Meeting Minutes - August 24 2016
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R ______
RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DENYING A USE PERMIT FOR A MIXED-USE
PROJECT IN THE FOOTHILL BOULEVARD SPECIAL PLANNING
AREA, A 40 PERCENT PARKING REDUCTION AND THE USE OF
MECHANICAL PARKING LIFTS AND A RECOMMENDATION OF
APPROVAL OF A HEIGHT EXCEPTION AS AN AFFORDABLE
HOUSING INCENTIVE AS REPRESENTED IN THE CITY COUNCIL
AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 18, 2016
(22 CHORRO, USE-2882-2016)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, San Luis Obispo Development Group, LLC, the applicant, filed an appeal of
the Planning Commission’s action on August 31, 2016; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings to deny the project:
1. That the project will be detrimental to and will have specific adverse impacts on the health,
safety, or welfare of those working or residing in the vicinity because the project is
inconsistent with the City’s General Plan, Design Guidelines and Zoning Code, specifically
with respect to parking, height, setback and compatible development, and there are no
feasible methods of satisfactorily mitigating or avoiding these adverse impacts other than
disapproval of the project.
2. That per San Luis Obispo Municipal Code (“SLOMC”) section 17.16.060 the project
requires 55 spaces on-site parking spaces. The project proposes 33 parking spaces and has
requested a 40% parking reduction which is the maximum combined reduction allowed per
SLOMC 17.16.060 (C) (mixed-use parking reduction) & (G)2 (bicycle space parking
reduction). The Council finds that the adjacent neighborhood is currently impacted by
20.a
Packet Pg. 257 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 2
R ______
insufficient on-street parking and that additional “spill-over” on street demand from any
project within this part of the community will exacerbate those adverse impacts. The
Council finds that the justification for the 30% parking reduction based on the mixed use
development wholly inappropriate in that the times of the proposed mixed-use parking
demand from the two uses will coincide in such a way that it will have detrimental impacts
on the surrounding area. In other words, the proposed “mix” of uses and the parking
demands from each of those uses is not commensurate with the requested reduction and
that, as a consequence, the project will be deficiently parked and vehicles will further
impact the surrounding neighborhood.
3. That the proposed setback of zero feet along Chorro Street is inconsistent with Land Use
Element Policy 2.3.9.A and the setback requirements of SLOMC 17.16.020.C. For this
zone, the setback requirement for a street yard setback equals “As provided in zone of
adjacent lot” which, in this case, equals 20 feet due to the R-1 zoning immediately adjacent
to the proposed project. The Council finds that the setback requirements as set forth in
SLOMC 17.16.020.C establish objective standards to protect the health, safety and welfare
of the community and that, as proposed, the proposed project is incompatible with the
adjacent neighborhood and fails to provide a smooth transition between the two uses in this
regard and adversely impacts the immediately adjacent neighbors by disrupting the
neighborhood setback pattern.
4. That the proposed height of 43 feet is inconsistent with Conservation and Open Space
Element Policy 9.2.1 and Circulation Element Policy 15.1.2 because the project will block
views of Cerro San Luis mountain from Foothill Boulevard which is designated as having
moderate scenic value.
5. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.E
Compatible Development: Architecture; the project’s height and scale does not provide a
smooth transition between the existing and proposed development because the existing
development immediately surrounding the project is predominantly one story and the
proposed development would create an abrupt height differential thus creating a substantial
disconnect between the structures within the neighborhood and overwhelm neighboring
properties.
6. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5.3.A.1 and 5.3.C: the project’s height and scale does not provide a smooth
transition between the immediate neighborhood because the existing development
immediately surrounding the project is predominantly one story and the proposed
development would create an abrupt discrepancy in height and massing and overwhelm the
neighboring properties.
7. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
20.a
Packet Pg. 258 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 3
R ______
Section 2. Environmental Review. The project is statutorily exempt pursuant to CEQA
Guidelines section 15270 (Projects which are disapproved).
Section 3. Action. Based on the above findings and evidence submitted in support thereof,
the City Council does hereby deny use permit application USE-2882-2016.
On 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
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Packet Pg. 259 Attachment: a - Draft Resolution A (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
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RESOLUTION NO. _________ (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A USE PERMIT FOR A MIXED-
USE PROJECT IN THE FOOTHILL BOULEVARD SPECIAL PLANNING
AREA, A 40 PERCENT PARKING REDUCTION AND THE USE OF
MECHANICAL PARKING LIFTS INCLUDING A CATEGORICAL
EXEMPTION FROM CEQA AND A RECOMMENDATION OF
APPROVAL OF A HEIGHT EXCEPTION AS AN AFFORDABLE
HOUSING INCENTIVE AS REPRESENTED IN THE CITY COUNCIL
AGENDA REPORT AND ATTACHMENTS DATED OCTOBER 18, 2016
(22 CHORRO, USE-2882-2016)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, San Luis Obispo Development Group, LLC, the applicant, filed an appeal of
the Planning Commission’s action on August 31, 2016; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the City Council makes the following
findings in support of the project approval that includes a use permit for a mixed-use project in the
Foothill Boulevard special focus area, a 40 percent parking reduction and the use of mechanical
parking lifts and recommends approval of a height exception as an affordable housing incentive of
the proposed project:
1. That the project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity because the proposed project is consistent with the Foothill
Boulevard/Santa Rosa Special Focus Area of the Land Use Element and Zoning
Regulations.
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Packet Pg. 260 Attachment: b - Draft Resolution B (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Resolution No. _________ (2016) Page 2
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Findings for Affordable Housing Incentives:
2. That the project is consistent with Housing Element, Goal 2 because the project includes
units for very-low income households which helps meet the City’s affordable housing
objectives.
3. That with 11 percent of the units restricted for very-low income households, the applicant
is entitled up to a 35 percent maximum density bonus under State law and the City’s
Municipal Code, Chapter 17.90. Therefore, the proposed density bonus for the project of
35 percent is consistent with established criteria for density bonuses.
4. That the proposed height of 43 feet to accommodate the development of the proposed
project is appropriate as an incentive consistent with the Zoning Regulations Section
17.90.060.B(1) that a reduction in site development standards or modification of zoning
code requirements or architectural design requirements that exceeds the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code.
Findings for 40 Percent Parking Reduction:
5. That the proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A, Parking Space Requirements, in that it satisfies the intent of that section
which is “... to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities.” Moreover, the project
satisfies the requirement for a shared parking reduction specified in San Luis Obispo
Municipal Code Section 17.16.060.B because there are multiple uses that share common
parking areas. In addition, in accordance with the provisions of Section 17.16.060.C, the
times of maximum parking demand from the proposed uses will not coincide.
6. That the proposed project is consistent with the San Luis Obispo Municipal Code Section
17.16.060.G and provides 30 additional bicycle parking spaces (above the bicycle parking
required for the project) for a 10 percent parking reduction at the rate of one car space for
each five bicycle spaces provided.
7. That the proposed parking reduction will safe, and will not be detrimental to the
surrounding area or cause a decline in quality of life because project is located close
proximity to grocery stores, restaurants, entertainment, schools, employment and two bus
stops allowing for alternative modes of transportation such as walking, biking or taking
public transportation.
Findings for Mechanical Parking Lifts:
8. That the use of mechanical lift parking results in superior design and implementation of
City goals and policies for infill development by placing parking within the structure and
screening it from public view.
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9. That the mechanical lift parking is adequately screened and, as conditioned, shall be
reviewed by the Architectural Review Commission for compliance with Community
Design Guidelines for compatibility with the building and site design.
10. That the mechanical lift parking systems complies with all development standards
including but not limited to height and setback requirements, and Parking and Driveway
Standards with the exception of minimum parking stall sizes which are established by lift
specifications.
11. That, as conditioned, the mechanical parking systems will be safely operated and
maintained in continual operation with the exception of limited periods of maintenance.
12. That there are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or working
on the site or in the vicinity.
Section 2. Environmental Review. The project is both statutorily exempt under Section
15195 and categorically exempt under Class 32, In-Fill Development Projects, Section 15332 of
the CEQA Guidelines, because the project is consistent with General Plan policies for the land use
designation, within one-half a mile of a transit stop and is consistent with the applicable zoning
designation and regulations. The project site occurs on a property of no more than five acres
substantially surrounded by urban uses that has no value as habitat for endangered, rare or
threatened species as the site is located on an existing developed property and is served by required
utilities and public services.
Section 3. Action. The City Council does hereby uphold the appeal of the Planning
Commission’s action to deny the proposed project hereby granting final approval of the application
USE-2882-2016 for a mixed-use project in the Foothill Boulevard special focus area, a 40 percent
parking reduction and the use of mechanical parking lifts and recommends approval of a height
exception as an affordable housing incentive at 22 Chorro Street subject to the following
conditions:
Planning
1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
2. The proposed use shall operate consistent with the project description, approved plans, and
other supporting documentation submitted with this application unless otherwise
conditioned herein.
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3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines and the Mixed Use
project design standards (Zoning Regulations section 17.08.072). Specific attention shall
be given to the compatibility between the adjacent commercial uses and the residential
uses. The Architectural Review Commission shall be responsible for taking action on
additional project conditions and code requirements as applicable.
4. The mechanical parking lift shall be reviewed by the Architectural Review Commission
for compliance with Community Design Guidelines for compatibility with the building and
site design.
5. Prior to building plan approval, the applicant shall record an agreement in a form subject
to the approval of the City Attorney that runs with the land that mechanical parking systems
will be safely operated and maintained in continual operation with the exception of limited
periods of maintenance.
6. All regular (non-mechanical lift) parking spaces shall be available for residential tenants,
employees and customers free from restrictions. No regular parking spaces shall be
individually labeled or allocated.
7. All mechanical lift parking spaces shall be available for all residential tenants.
8. The project shall include 33 parking spaces, 3 motorcycle spaces and 93 required bicycle
parking spaces (70 long-term and 23 short-term).
9. The property owner shall be responsible for maintaining and updating the current parking
calculation for the commercial component of the project upon the submittal of Planning
and Building permits for tenant changes or improvements to ensure the site does not
become under-parked.
10. The project shall have a maximum height of 43 feet. The tallest part of the project shall be
located along Foothill Boulevard as shown on the submitted project plans. Any alterations
increasing the proposed height or the location of the height on the site will require a
modification to the use permit.
11. Plans submitted for building permit review shall show the location of all 93 required
bicycle parking spaces (70 long-term and 23 short-term) and include product sheets of the
proposed bike racks to be used. All bicycle parking spaces included as part of the project
shall comply with City’s Municipal Code Section 17.16.060, Table 6.5 and the Community
Design Guidelines Section 6.3.F.
Transportation
12. Consistent with the City’s Bicycle Transportation Plan, the project shall install a bike box
on Chorro Street, south of Foothill Boulevard. Building plans shall include the layout and
design of the bike box and right turn lane according to design guidance within the NACTO
Urban Bikeway Design Guidelines and design shall be reviewed and approved by City
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Transportation & Engineering Division prior to installation. The installation may require
modifications to the existing pedestrian refuge island.
13. In regards to the bus turnout and facilities, project plans submitted for the building permit
shall be consistent with the plans submitted for the use permit.
14. The applicant shall record a public access easement along the Foothill Boulevard frontage
of the project which also allows the City to place and maintain bus facilities such as
benches, signs, maps, etc.
On 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
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RESOLUTION NO. PC -1009-16
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
DENYING A USE PERMIT FOR A MIXED-USE PROJECT IN THE
FOOTHILL BOULEVARD SPECIAL FOCUS AREA AS REPRESENTED
IN THE PLANNING COMMISSION AGENDA REPORT AND
ATTACHMENTS DATED AUGUST 24, 2016 (22 CHORRO, USE -2882-2016)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 24, 2016 for the purpose of considering a use permit application USE -2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
San Luis Obispo as follows:
SECTION 1. Firidiiigs. Based upon all the evidence, the Commission makes the following
findings to deny the proposed project:
1. That the project will be detrimental to the health, safety, or welfare of those working or
residing in the vicinity because the proposed parking reduction is excessive and the height
is inconsistent with the General Plan.
2. That the request for reduced parking is inconsistent with San Luis Obispo Municipal Code
section 17. 16.060 in that the requested parking reduction is excessive for the proposed use
and that the times of the proposed mixed-use parking demand from the various uses will
coincide in such a way that it will have detrimental impacts on the surrounding area.
3. That the proposed project height is inconsistent with Conservation and Open Space
Element Policy 9.2.1 because the project will block views from Foothill Boulevard which
is designated as having moderate scenic value.
4. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.E
Compatible Development: Architecture; the project's height and scale does not provide a
smooth transition between the existing and proposed development.
5. That the proposed project height is inconsistent with the Community Design Guidelines
sections 5. 3.A.1 and 5. 3.C: the project's height and scale does not provide a smooth
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Planning Commission Resolution No. PC -1009-16
USE -2882-2016 (22 Chorro Street)
Page 2
transition between the immediate neighborhood.
6. That the proposed project height is inconsistent with the Land Use Element Policy 2.3.9.F
Compatible Development: Privacy and Solar Access; the project will overlook onto
adjacent properties and does not respect the privacy of neighboring building and outdoor
areas.
SECTION 2. Environmental Review. The project is statutorily exempt pursuant to CEQA
Guidelines section 15270 (Projects which are disapproved).
SECTION 3. Action. Based on the above findings and evidence submitted in support
thereof, the Planning Commission does hereby deny use permit application USE -2882-2016.
On motion by Commissioner Larson, seconded by Commissioner Fowler and on the following
roll call vote:
AYES: Commissioners Larson, Malak, Vice -Chair Fowler and Chair Stevenson
NOES: Commissioner Knight
REFRAIN: None
ABSENT: Commissioner Dandekar
The foregoing resolution was passed and adopted this 24`h day of August, 2016.
C7
Doug David n, Secretary
Planning Commission
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VICINITY MAP USE-2882-201622 Chorro Street ¯
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1.5%252.6FS1.5%Ashley&VanceG,C1413 Monterey StreetSan Luis Obispo, CA 93401 (805) 545-0010 (323) 744-0010www.ashleyvance.comC I V I L S T R U C T U R A LSITE CONSTRUCTION NOTES:DRIVEWAY APPROACH AND RAMP PER SAN LUIS OBISPO CITY STANDARD 2110.EXISTING WALL TO REMAINTRASH ENCLOSURE PER SAN LUIS OBISPO CITY STANDARD 9110.VEGETATED SWALE FLOWLINE. ROOF DRAINS AND DOWNSPOUTS TO BE DIRECTED TOWARD SWALE.SAN LUIS OBISPO CITY STANDARD SIDEWALK PER DETAIL 4110, 4120 AND 4910.STRUCTURAL COLUMNSBUILDING WALLSAWCUT AND REPLACE 24" MIN PAVEMENT SECTION, MATCH EXITING STRUCTURAL PAVEMENT SECTION.SEE SAN LUIS OBISPO STANDARD DETAIL 7110 FOR REFERENCE.SIDEWALK UNDERDRAIN PER SAN LUIS OBISPO STANDARD DETAIL 3415.CURB AND GUTTER PER SAN LUIS OBISPO STANDARD DETAIL 4030INSTALL 12" CATCH BASIN WITH ATRIUM GRATE.6" PVC STORM DRAINCURB RAMP PER SAN LUIS OBISPO STANDARD DETAIL 4440 AND APPENDIX A.BUS TURN IN PER SAN LUIS OBISPO STANDARD DETAIL 4920.BUS STOP PER SAN LUIS OBISPO STANDARD DETAIL 4930.RESET LID TO GRADERELOCATE VAULT AND RESET TO GRADERELOCATE UTILITY BOX AND RESET LID TO GRADEEXISTING PROPERTY LINEPROPOSED PROPERTY LINEPROPOSED SITE RETAINING WALL4' PAINTED BIKE LINERE-STRIPE CROSS WALKUNDERGROUND RETENTION CHAMBERSPROPOSED PUBLIC ACCESS EASEMENT010 10 20HORIZONTAL SCALE: FEETNCHORRO STREETFOOTHILL BLVD1236TYP22DRAINAGE NOTE: MAJORITY OF HARDSCAPE IS COVERED BY MULTISTORY BUILDING. STORMRUNOFF WILL BE ROUTED TO THE UNDERGROUND RETENTION CHAMBERS THROUGH ASERIES OF 2ND AND 3RD STORY ROOF DRAIN SYSTEMS OUTLETTING TO VEGETADEDSWALES AND STORM DRAINS. SEE ARCHITECTURAL PLAN FOR 2ND AND 3RD STORYLAYOUT.SITE STATISTICS:21,874 SF AREAEARTHWORK:2,000 CY CUT50 CY FILL11' MAX CUT2' MAX FILLLID STORMWATER REQUIREMENTS, TIER 2PROJECT UTILIZES:xUNDERGROUND RETENTIONxDISCONNECTED DOWNSPOUTSxVEGETATED SWALES455557TYP7TYP411888888910101010101010101414151313161616161617161818191919192020202121222323PROPOSED PUBLICACCESS EASEMENT2412STANDARD ABBREVIATIONS:BSW BACK OF SIDEWALKFF FINISHED FLOOR ELEVATIONFG FINISHED GRADEFL FLOWLINEFS FINISHED SURFACETC TOP OF CURBTG TOP OF GRATETP TOP OF PAVEMENTTW TOP OF WALLTYP TYPICAL202020PROPOSED PUBLICACCESS EASEMENT252525PROPOSED PUBLICACCESS EASEMENTPROPOSED PUBLICACCESS EASEMENT20.e
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Meeting Date: August 24, 2016
Item Number: 1 2
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Review of a new four-story mixed-use project including ground floor commercial/retail
space and 27 residential units. The project includes a 35% density bonus, with 11% of the units for very
low income households, a request for a 40% parking reduction with mechanical parking lifts, and the
construction of a 43-foot tall structure where 35 feet is normally allowed.
PROJECT ADDRESS: 22 Chorro Street BY: Rachel Cohen, Associate Planner
Phone Number: (805) 781-7574
e-mail: rcohen@slocity.org
FILE NUMBER: USE-2882-2016 FROM: Doug Davidson, Deputy Director
RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) that approves a use permit for a
mixed-use project in the Foothill Boulevard special focus area, a 40% parking reduction and the use of
mechanical parking lifts and recommends approval of a height exception as an affordable housing
incentive, subject to findings and conditions of approval.
SITE DATA
Applicant San Luis Development Group, LLC
Representative Thom Jess, Architect
Submittal Date March 10, 2016
Complete Date June 20, 2016
Zoning C-C-SF, Community Commercial
with a Special Focus Overlay
General Plan Commercial
Site Area .55 acres (24,033 s.f.) (3 parcels)
Environmental
Status
Categorically Exempt from
environmental review under
Section 15332 (In-Fill
Development Projects) of the
CEQA Guidelines.
SUMMARY
The applicant has submitted a project for a new four-story mixed-use project with 1,600 square feet of
ground floor commercial/retail space and 27 residential units. The project includes a 35% density bonus,
with 11% of the units designated for very low income households. As one of their affordable housing
incentives, the applicant is requesting a 43-foot maximum height for the structure where 35 feet is
normally allowed. The project also includes a request for a 40% parking reduction and the use of
mechanical parking lifts. The project is located within the Foothill Boulevard/Santa Rosa Special Focus
Area and requires Planning Commission review and approval (Zoning Regulations, Chapter 17.53:
PC1 - 1
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22 Chorro Street
Page 2
Special Focus Area (S-F) Overlay Zone).
1.0 COMMISSION’S PURVIEW
The Planning Commission’s role is to review the project in terms of its consistency with the General
Plan, Zoning Regulations, and applicable City standards.
2.0 BACKGROUND
The applicant initially submitted their project on March 10, 2016. During the course of review, staff
provided feedback to the applicant regarding their proposal. The original proposal included a structure
with a height of 50 feet, a parking layout that did not comply with City standards, and the project design
was inconsistent with the Community Design Guidelines. The applicant responded by reducing the
height 7 feet to a maximum height of 43 feet, redesigning the parking to meet City standards and
redesigned the project with new colors, materials and articulation.
3.0 PROJECT INFORMATION
3.1 Site Information/Setting
Zoning C-C-SF (Community Commercial with a Special Focus Overlay)
Site Size 0.55 acres (24,033 s.f.)
Present Use & Development Vacant
Topography Flat
Access Chorro Street and Foothill Blvd
Surrounding Use/Zoning North: C-R-SF (University Square Shopping Center)
South: R-1 (Single family residences)
East: C-R-SF (G. Brothers Restaurant)
West: C-R-SF & R-1 (Jamba Juice, Starbucks, Single family residences)
3.2 Project Description
The project proposes to construct a new four-story mixed-use project with:
• 1,600 square feet of ground floor commercial/retail space;
• 27 residential units (23 two-bedrooms and 4 studios restricted for very-low income households);
• A request for a 40% shared/mixed-use/bicycle parking reduction to reduce the required parking
from 55 parking spaces to 33 parking spaces; and
• 113 bicycle parking spaces (80 long-term and 33 short-term).
The project also includes a separate application for architectural review that will be reviewed at a later
date once the use permit has been approved by the Planning Commission.
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3.3 Project Statistics
Item Proposed 1 Standard 2
Setback
Front Yard 0 feet 0 feet
Other Yard (max height 35 feet) 10 feet 5 feet
Max. Height of Structure(s) 43 feet 35 feet
Max. Building Coverage (footprint) 72% 75%
Density Units (DU) 25 DU 18 DU (36 DU per acre)
Parking Spaces
Vehicle 33 55
Bicycle (long-term) 80 58
Bicycle (short-term) 33 5
Notes:
1. Applicant’s project plans submitted 5/20/2016
2. Zoning Regulations
4.0 PROJECT ANALYSIS
4.1 General Plan Special Focus Area
On December 9, 2014, the City Council adopted the new Land Use and Circulation Elements (LUCE)
of the General Plan (Resolution No. 10586, 2014 Series). As a part of the update, a new section was
added to the Land Use Element (LUE) that identified Special Focus Areas (Attachment 4). Section
17.53.020 of the Zoning Regulations states Planning Commission review and approval is required for
project located within the Foothill Boulevard/Santa Rosa Special Focus Area (Attachment 5). The
section further states that all development within the Special Planning Areas shall adhere to the
requirements of the underlying zone district and the provisions for each of the respective Special
Planning Areas, as described in Chapter 8 of the Land Use Element. In addition, development objectives
within each of the Special Planning Areas shall be interpreted by the Community Development Director
or applicable advisory body or commission in order to achieve the development objectives of the Special
Focus Areas. Where provisions of the underlying zone and Land Use Element Chapter 8 conflict, Land
Figure 1: Perspective view of the project looking southeast from Foothill Blvd.
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Use Element policies shall take precedence.
The proposed project is located in the
Foothill Boulevard / Santa Rosa Area,1
which includes land on both sides of
Foothill Boulevard between Chorro and
Santa Rosa and is currently developed as
commercial centers that include highway
and neighborhood serving commercial
uses (see Figure 2).
The LUE policy for the Foothill
Boulevard/Santa Rosa Special Focus Area
states the City shall work with property
owners / developers to redevelop the area
as mixed use (either horizontal or vertical
mixed use) to include a mix of uses as
described under the Neighborhood
Commercial, Community Commercial and
Medium High to High Density Residential designations…As part of this project, the City will evaluate
adjustments to parking requirements to account for predominant pedestrian and bike access. Building
height adjustments in this area can also be considered with mixed use development. Redevelopment
plans shall include consideration of improving the existing complex intersections of
Foothill/Chorro/Broad… Among other possible incentives, building height adjustments on the North
side of Foothill may be considered with mixed use development.
The Foothill Boulevard / Santa Rosa Special Focus Area encourages discussion on the development of
mixed-use projects, adjustments in parking and height requirements and improving intersections along
Foothill Boulevard. The project incorporates various aspects of these concepts which are further
supported by other City polices and State housing law as discussed below.
4.2 Affordable Housing Incentives and Height
The applicant is requesting the height exception to be able to include four studios or two density units
for very-low income households; 11% of the project is affordable. According to Zoning Regulations
Chapter 17.90: Affordable Housing Incentives, when a developer agrees to construct at 11% of the total
units of a housing development for very-low income households, the director shall grant the developer,
upon the developer’s request, a density bonus of 35%.2 In addition to the density bonus, the developer
may request an additional incentive or concession, such height increase,3 when providing at least 10%
1 Land Use Element Section 8.2.1. Foothill Boulevard / Santa Rosa Area.
2 Zoning Regulations Section 17.90.040.E
3 Zoning Regulations Section 17.90.060.B(1): A reduction in site development standards or modification of zoning code
requirements or architectural design requirements that exceeds the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and
Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of
vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost
reductions.
Figure 2: Snapshot of Figure 10: Special Focus Areas from the
Land Use Element
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of the units for very-low income households.4
In addition, under the State Density Bonus law (Gov. Code section 65915), a public agency is required
to grant the incentive or concession unless it makes a written finding, based on substantial evidence, that
the concession or incentive would have a specific adverse impact upon public health and safety and there
is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering
the development unaffordable.5 “Specific adverse impact” within this statute means a “significant,
quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety
standards, policies or conditions as they existed on the date the application was deemed complete.” Gov.
Code section 65589.5(d)(2).
The project proposes to construct a 43-foot tall structure within a zone that has a maximum height of 35
feet. As discussed above, the proposed density of the project cannot be achieved without additional
height. The surrounding neighborhood contains a range of single story and two-story structures; single
story buildings are directly adjacent to the site and the University Square Shopping Center, located across
the street from the site, contains several two-story structures that are approximately 30 feet tall. The
project steps down the height of the building with the highest height of 43 feet along Foothill Boulevard
and a lower height of the 32 feet closest to the nearest single family residence (Attachment 3, Project
Plans, Sheet A4.0). This is 3 feet lower than the maximum height of 35 feet allowed for the site (C-C
zone) as well as what is allowed, with a use permit, in the adjacent residential R-1 zone. Additionally
the project is setback 17 feet where a 13.5-foot setback is required. As proposed, the project appears to
be consistent with the Land Use policy discussion on building height adjustments for the Foothill
Boulevard / Santa Rosa Special Focus
Area and with the City’s affordable
housing incentives.
4.3 Chorro/Foothill Intersection
The project includes the widening of
Chorro Street at the intersection of
Foothill for a bike box and expansion of
the right turn lane (see Figure 3). A bike
box is a set of road markings located at
signalized intersections that allows
bicycles a head start when the traffic
signal changes from red to green. Adding
the bike box to the Chorro/Foothill
intersection will improve the bicycle
circulation at this intersection and is
consistent with the 2013 Bicycle
4 Zoning Regulations Section 17.90.060.A(2): Alternative or additional incentives. When a developer agrees to construct
housing for households of very-low, lower or moderate income households… and desires an incentive other than a density
bonus as provided in Section 17.90.040 of this chapter… the developer shall receive the following number of incentives or
concessions: (2) Two incentives or concessions for housing developments that include at least twenty (20) percent of the total
units for lower income households, at least ten (10) percent for very-low income households, or at least twenty (20) percent
for persons and families of moderate income in a common interest development.
5 See Government Code section 65915(d).
Figure 3: Proposed bike lane leading to the new bike box indicated
in green. The expansion of the right turn lane is indicated in
orange. Full engineering specifications will be included as part of
the building plans.
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Transportation Plan 6 and Circulation Element Policy 4.1.6: Bikeway Development with Road
Improvements of the Circulation Element which states: the City shall construct bikeways facilities as
designated in the Bicycle Transportation Plan when: A) The street section is repaved, restriped, or
changes are made to its cross-sectional design; or B) The street section is being changed as part of a
development project.
4.4 Parking
The project requires 55 spaces (50 spaces for 27 residential units and 5 spaces for 1,600 square feet of
commercial space). The applicant is requesting a 40% parking reduction to have a total of 33 required
spaces. Zoning Regulations Section 17.16.060.B states that where two or more uses share common
parking areas, the total number of parking spaces required may be reduced by up to 10%, with approval
of an administrative use permit. Section 17.16.060.C further states that by approving an administrative
use permit, the Director may reduce the parking requirement for projects sharing parking by up to 20%,
in addition to the shared parking reduction, for a total maximum parking reduction of 30%, upon finding
that the times of maximum parking demand from various uses will not coincide. The commercial space
is expected to be used at alternate hours during the day when residents are away at work and/or school.
The project also includes 30 additional bicycle parking spaces for 10% parking reduction. Section
17.16.060.G(2) states that projects which provide more bicycle and/or motorcycle spaces than required
may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a 10%
reduction, subject to the approval of the Community Development Director. All bicycle parking that
exceeds the required number of spaces shall be apportioned between short-term and long-term bicycle
spaces as stipulated by Table 6.5. The applicant is providing 50 additional bicycle parking spaces with
30 of the spaces to further reduce the parking requirements by 5.5 spaces. The design of the project
includes a bike lounge, a bike repair area (“bike shop”) and indoor bike storage to incentivize bicycle
use by tenants (Attachment 3. Project Plans, A2.0).
The project is located in close proximity to grocery stores, restaurants, entertainment, schools,
employment and two bus stops. Due to this location, the site and the surrounding area are easily
accessible by walking, biking or taking public transportation. One bus stop is located right in front of the
project and another is directly across the street, allowing to and from service to the site. The project
includes improvements to the existing bus stop with a bus turn out and the construction of a bus stop
shelter as a part of the building design (Attachment 3, Project Plans, Sheets A2.0 & A3.0). The project
location provides residents as well as customers various opportunities to access the site and nearby
destinations without a vehicle.
The applicant is also requesting to incorporate mechanical parking lifts as part of the project. The project
is proposing to use a Klaus TrendVario 4100 lift system which places vehicles subterranean with other
vehicles parked above, at grade (Attachment 3, Project Plans, Sheet 5.1). As proposed, the system parks
27 vehicles, one for each of the residential units. The dimensions of the system allow for a large variety
of car models as listed within the Project Plans, Sheet 5.1 (Attachment 3). Those vehicles that do not fit
6 2013 Bicycle Transportation Plan. Appendix A. North Chorro Intersection Enhancement. Intent: To address conflict
potential in the common direction movement (north on Chorro to west on Foothill) from the right hand lane that allows both
left turning and straight through traffic movement. Project Description: For northbound Chorro bicycle traffic at
Foothill Blvd: Modify the intersection/provide facilities, to reduce conflict possibility between left (west) turning bike traffic,
and straight through motor vehicle traffic. Notes: Possible solutions could include a Bike Box, a bicycle specific signal phase,
or lane movement configuration changes. Bike counts taken in 2008 show that the intersections of Santa Rosa/Foothill was
the second highest with a count of 314.
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into the lift system, have the ability to park in the regular parking stalls provided in the parking garage.
The project complies with the findings of approval with added Conditions of Approval No. 4 and 5; (4)
The mechanical parking lift shall be reviewed by the Architectural Review Commission for compliance
with Community Design Guidelines for compatibility with the building and site design and (5) Prior to
building plan approval, the applicant shall record an agreement that runs with the land that mechanical
parking systems will be safely operated and maintained in continual operation with the exception of
limited periods of maintenance (Attachment 1, Draft Resolution).
5.0 ENVIRONMENTAL REVIEW
The project is categorically exempt under Class 32, In-Fill Development Projects; Section 15332 of the
CEQA Guidelines, because the project is consistent with General Plan policies for the land use
designation and is consistent with the applicable zoning designation and regulations. It should be noted
that modifications to zoning regulations as required by State Density Bonus law noted above, do not
disqualify a project from claiming this exemption. See Wollmer v. City of Berkeley, 193 Cal. App. 4th
1329, 1338 (2011). The project site occurs on a property of no more than five acres substantially
surrounded by urban uses that has no value as habitat for endangered, rare or threatened species as the
site is located on an existing developed property and is served by required utilities and public services.
6.0 WATER AVAILABILITY
Since the adoption of the 2014 General Plan Land Use Element (LUE), the City acquired an additional
annual allocation of 2,102 acre feet of water from Nacimiento Reservoir, bringing the total annual
available to 5,482 acre feet per year. This brings the City’s total annual availability to 12,109 acre feet,
previously 10,007. In addition to this, the City is currently expanding its groundwater program, while
concurrently designing the upgrade to the Water Resource Recovery Facility to allow highly treated
wastewater to become a potable water source.
The 2015 Urban Water Management Plan projected that the City’s total annual residential and non-
residential water demand will be 7,496 acre feet at buildout (year 2035 with a population of 57,200) as
evaluated under the 2014 LUE. This estimation uses 117 gallons per capita day consumption (gpcd),
though the current usage is only 90 gpcd. As a baseline comparison, the total City annual water demand
in 2015 was approximately 4,772 acre feet; 40% of the available water supply.
The available annual water supply (12,109 acre feet) far exceeds the LUE projected annual buildout
demand (7,496 acre feet). Since the proposed project is consistent with the General Plan, water use and
demand associated with the development is anticipated and included with LUE buildout projections.
7.0 ALTERNATIVES
1. Continue the project with direction to the applicant and staff on pertinent issues.
2. Deny the project based on findings of inconsistency with the General Plan, Zoning Regulations,
or other policy documents.
8.0 ATTACHMENTS
1. Draft Resolution
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2. Vicinity Map
3. Project Plans
4. Land Use Element Section 8: Special Focus Areas, Policy 8.2.1.
5. Zoning Regulations Chapter 17.53
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RESOLUTION NO. XXXX-15
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
APPROVING A USE PERMIT FOR A MIXED-USE PROJECT IN THE
FOOTHILL BOULEVARD SPECIAL FOCUS AREA, A 40 PERCENT
PARKING REDUCTION AND THE USE OF MECHANICAL PARKING
LIFTS INCLUDING A CATEGORICAL EXEMPTION FROM CEQA AND
A RECOMMENDATION OF APPROVAL OF A HEIGHT EXCEPTION AS
AN AFFORDABLE HOUSING INCENTIVE AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED AUGUST 24, 2016
(22 CHORRO, USE-2882-2016)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
August 24, 2016 for the purpose of considering a use permit application USE-2882-2016 for a
mixed-use project in the Foothill Boulevard special focus area, a 40 percent parking reduction and
the use of mechanical parking lifts, and a height exception as an affordable housing incentive to
accommodate the development of the proposed project at 22 Chorro Street; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission has duly considered all evidence, including the
testimony of the applicant, interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San
Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings in support of the project approval that includes a use permit for a mixed-use project in the
Foothill Boulevard special focus area, a 40 percent parking reduction and the use of mechanical
parking lifts and recommends approval of a height exception as an affordable housing incentive of
the proposed project:
1. That the project will not be detrimental to the health, safety, or welfare of those working
or residing in the vicinity because the proposed project is consistent with the Foothill
Boulevard / Santa Rosa Special Focus Area of the Land Use Element and Zoning
Regulations.
Findings for Affordable Housing Incentives:
2. That the project is consistent with Housing Element, Goal 2 because the project includes
units for very-low income households which helps meet the City’s affordable housing
objectives.
ATTACHMENT 1
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3. That with 11 percent of the units restricted for very-low income households, the applicant
is entitled up to a 35 percent maximum density bonus under State law and the City’s
Municipal Code, Chapter 17.90. Therefore, the proposed density bonus for the project of
35 percent is consistent with established criteria for density bonuses.
4. That the proposed height of 43 feet to accommodate the development of the proposed
project is appropriate as an incentive consistent with the Zoning Regulations Section
17.90.060.B(1) that a reduction in site development standards or modification of zoning
code requirements or architectural design requirements that exceeds the minimum building
standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage requirements and
in the ratio of vehicular parking spaces that would otherwise be required that results in
identifiable, financially sufficient, and actual cost reductions.
Findings for 40 Percent Parking Reduction:
5. That the proposed project complies with San Luis Obispo Municipal Code Section
17.16.060.A, Parking Space Requirements, in that it satisfies the intent of that section
which is “... to minimize the area devoted exclusively to parking and drives when typical
demands may be satisfied more efficiently by shared facilities.” Moreover, the project
satisfies the requirement for a shared parking reduction specified in San Luis Obispo
Municipal Code Section 17.16.060.B because there are multiple uses that share common
parking areas. In addition, in accordance with the provisions of Section 17.16.060.C, the
times of maximum parking demand from the proposed uses will not coincide.
6. That the proposed project is consistent with the San Luis Obispo Municipal Code Section
17.16.060.G and provides 30 additional bicycle parking spaces (above the bicycle parking
required for the project) for a 10 percent parking reduction at the rate of one car space for
each five bicycle spaces provided.
7. That the proposed parking reduction will safe, and will not be detrimental to the
surrounding area or cause a decline in quality of life because project is located close
proximity to grocery stores, restaurants, entertainment, schools, employment and two bus
stops allowing for alternative modes of transportation such as walking, biking or taking
public transportation.
Findings for Mechanical Parking Lifts:
8. That the use of mechanical lift parking results in superior design and implementation of
City goals and policies for infill development by placing parking within the structure and
screening it from public view.
ATTACHMENT 1
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9. That the mechanical lift parking is adequately screened and, as conditioned, shall be
reviewed by the Architectural Review Commission for compliance with Community
Design Guidelines for compatibility with the building and site design.
10. That the mechanical lift parking systems complies with all development standards
including but not limited to height and setback requirements, and Parking and Driveway
Standards with the exception of minimum parking stall sizes which are established by lift
specifications.
11. That, as conditioned, the mechanical parking systems will be safely operated and
maintained in continual operation with the exception of limited periods of maintenance.
12. That there are no circumstances of the site or development, or particular model or type of
mechanical lift system which could result in significant impacts to those living or working
on the site or in the vicinity.
Section 2. Environmental Review. The project is categorically exempt under Class 32,
In-Fill Development Projects; Section 15332 of the CEQA Guidelines, because the project is
consistent with General Plan policies for the land use designation and is consistent with the
applicable zoning designation and regulations. The project site occurs on a property of no more
than five acres substantially surrounded by urban uses that has no value as habitat for endangered,
rare or threatened species as the site is located on an existing developed property and is served by
required utilities and public services.
Section 3. Action. The Planning Commission does hereby approve the use permit
application USE-2882-2016 for a mixed-use project in the Foothill Boulevard special focus area,
a 40 percent parking reduction and the use of mechanical parking lifts and recommends approval
of a height exception as an affordable housing incentive at 22 Chorro Street subject to the following
conditions:
Planning
1. The applicant shall defend, indemnify, and hold harmless the City and/or its agents,
officers, and employees from any claim, action, or proceeding against the City and/or its
agents, officers, or employees to attack, set aside, void, or annul the approval by the City
of this project, and all actions relating thereto, including but not limited to environmental
review (“Indemnified Claims”). The City shall promptly notify the applicant of any
Indemnified Claim upon being presented with the Indemnified Claim, and City shall fully
cooperate in the defense against an Indemnified Claim.
2. The proposed use shall operate consistent with the project description, approved plans, and
other supporting documentation submitted with this application unless otherwise
conditioned herein.
ATTACHMENT 1
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3. The project shall be forwarded to the Architectural Review Commission to review the
project design for consistency with the Community Design Guidelines and the Mixed Use
project design standards (Zoning Regulations section 17.08.072). Specific attention shall
be given to the compatibility between the adjacent commercial uses and the residential
uses. The Architectural Review Commission shall be responsible for taking action on
additional project conditions and code requirements as applicable.
4. The mechanical parking lift shall be reviewed by the Architectural Review Commission
for compliance with Community Design Guidelines for compatibility with the building and
site design.
5. Prior to building plan approval, the applicant shall record an agreement that runs with the
land that mechanical parking systems will be safely operated and maintained in continual
operation with the exception of limited periods of maintenance.
6. All regular (non-mechanical lift) parking spaces shall be available for residential tenants,
employees and customers free from restrictions. No regular parking spaces shall be
individually labeled or allocated.
7. All mechanical lift parking spaces shall be available for all residential tenants free from
restrictions.
8. The project shall include 33 parking spaces, 3 motorcycle spaces and 93 required bicycle
parking spaces (70 long-term and 23 short-term).
9. The property owner shall be responsible for maintaining and updating the current parking
calculation for the commercial component of the project upon the submittal of Planning
and Building permits for tenant changes or improvements to ensure the site does not
become under-parked.
10. The project shall have a maximum height of 43 feet. Any alterations increasing the
proposed height will require a modification to the use permit.
11. Plans submitted for building permit review shall show the location of all 93 required
bicycle parking spaces (70 long-term and 23 short-term) and include product sheets of the
proposed bike racks to be used. All bicycle parking spaces included as part of the project
shall comply with City’s Municipal Code Section 17.16.060, Table 6.5 and the Community
Design Guidelines Section 6.3.F.
Transportation
12. Consistent with the City’s Bicycle Transportation Plan, the project shall install a bike box
on Chorro Street, south of Foothill Boulevard. Building plans shall include the layout and
design of the bike box according to design guidance within the NACTO Urban Bikeway
Design Guidelines and design shall be reviewed and approved by City Transportation &
ATTACHMENT 1
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Engineering Division prior to installation. The installation may require modifications to
the existing pedestrian refuge island.
On motion by , seconded by and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this day of adopted this 24th day of August, 2016.
_____________________________
Doug Davidson, Secretary
Planning Commission
ATTACHMENT 1
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DRAFT Minutes
PLANNING COMMISSION
Wednesday, August 24, 2016
Regular Meeting of the Planning Commission
CALL TO ORDER
A Regular Meeting of the Planning Commission was called to order on Wednesday, August 24th,
2016 at 6:00 p.m. in the City Council Chambers, located at 990 Palm Street, San Luis Obispo,
California, by Chair Stevenson.
ROLL CALL
Present: Commissioners Daniel Knight, John Larson, Ronald Malak, Vice-Chair John Fowler,
and Chairperson Charles Stevenson
Absent: Commissioner Hemalata Dandekar
Staff: Deputy Director of Development Review Doug Davidson, Associate Planner Rachel
Cohen, Special Projects Manager Marcus Carloni, Transit Manager Gamaliel Anguiano,
Transportation Operations Supervisor Jake Hudson, Assistant City Attorney Jon
Ansolabehere and Recording Secretary Brad T. Opstad
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
David Brodie, San Luis Obispo, spoke on recently traveling through multiple American cities
wherein strategies were developed that overcome existing zoning laws to accommodate for
increased low-income housing.
Camille Small, San Luis Obispo, spoke as a concerned neighborhood advocate about affordable
housing being developed in different ways.
PUBLIC HEARING
1. 22 Chorro Street. USE-2882-2016: Review of a new four story mixed-use project including
ground floor commercial/retail space and 27 residential units. The project includes a 35%
density bonus, with 11% of the units for very low income households, a request for a 40%
parking reduction with mechanical parking lifts, and the construction of a 43-foot tall structure
where 35 feet is normally allowed, with a categorical exemption from environmental review;
C-C-SF zone; San Luis Obispo Development Group, applicant.
Deputy Director Davidson introduced Planner Cohen to make the staff report presentation.
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APPLICANT PRESENTATION
Thom Jess, Arris Studio Architects, presented PowerPoint slides and discussed the site as having
been identified in the Land Use Element as a prime location for housing.
COMMISSION DISCUSSION
Commissioner Larson noted one particular piece of Agenda Correspondence, recommending he
recuse himself from consideration of a project and cited employment conflict of interest; clarified
the circumstances and provided reasons behind his intention to not recuse.
Chair Stevenson commented on the small amount of square-footage for retail space; asked for a
definition of a “bike lounge”; indicated the layout shows significantly relocated property line and
inquired whether it was newly required as a right-of-way alignment; addressed whether setback
along Chorro Street is in alignment with other setbacks for the residential area.
PUBLIC COMMENT
Kerry Brown, Victor Waytek, Linda Shinn, Terry Bauer, Delilah Curtis, Thomas Athanasion,
Lydia Mourenza, Mila Vujovich-LaBarre and Elizabeth Nicholson, San Luis Obispo, spoke as
residents of Rougeot Place neighborhood adjacent to, and in objection of the project; commented
on: the project’s being out-of-scale and out-of-character with the neighborhood; noted
incompatibility with surrounding residential and commercial areas; expressed concern with the
waiving of parking for residential uses and the inevitable parking overflow encroaching on the
neighborhood; highlighted traffic congestion, affecting the turn on the southern side of Foothill
and Chorro; and the contribution of downward propelling of property values.
David Brodie, San Luis Obispo, read a correspondence from Alan Cooper, pertaining to the City’s
need for the small yield of proposed low-income units leading to excessive exemptions for the
developer.
Lea Brooks, San Luis Obispo, spoke as a representative of Bike SLO County, shared enthusiasm
for green bike lane box at the challenging intersection; shared concern for the parking overflow
impacting the residential neighborhood.
Martha Miller, San Luis Obispo, expressed support for the project because it provides an increase
in housing and pedestrian traffic.
Myron Amerine, San Luis Obispo, spoke as a bicycle advocate, concerning the Foothill corridor’s
auto traffic being overly dense in an area with a significant bicycling population.
Carolyn Smith, San Luis Obispo, compared this project unfavorably to a massive project on Taft
Street and urged for a height reduction.
20.h
Packet Pg. 326 Attachment: h - PC Meeting Minutes - August 24 2016 (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Planning Commission Minutes DRAFT of August 24th, 2016 Page 3
Odile Ayral, San Luis Obispo, shared concurrence with the correspondence posted online, voicing
opposition to the project; stated that any site located on a former gas station demands an
Environmental Impact Report.
Betty DeHaan, San Luis Obispo, shared concerns regarding the number of parking spaces to which
the project is reducing and the currently dangerous turns out of parking lots on Chorro Street.
Jeff Eckles, San Luis Obispo, spoke as the Executive Director of Home Builder’s Association of
the Central Coast; requested that the Commission keep their discussion within the context of the
need for community housing.
Grant Robbins, San Luis Obispo, spoke in support of the project from a standpoint of a local
employer who cannot attract or maintain talent for his business due to the unavailability of housing.
Bob Mourenza, San Luis Obispo, regarded the project as expensive and high-density student
housing; voiced opposition to the project.
Anne Hodges, San Luis Obispo, expressed anger at what she termed as a “deceptive site”.
Camille Small, San Luis Obispo, shared concerns regarding the turn south on Chorro from Foothill,
becoming overly congested.
Steve Delmartini, San Luis Obispo, echoed comments of Public Commenters Eckles and Robbins,
in his support of the project.
David Brodie, San Luis Obispo, opined that the entire discussion on housing in the City is
leaderless and is without proper guidelines.
Chair Stevenson offered a ten-minute recess.
COMMISSION DISPOSITION
Chair Stevenson inquired about the property re-allocation for a right-of-way as an accommodation
to density.
Commissioner Malak asked for clarification on commercial zoning on first floor and the size &
quality of the available affordable housing.
Chair Stevenson remarked on his not being able to support the project, due to its numerous
conflicts with the Land Use Circulation Element and inconsistencies with the General Plan.
Commissioner Knight shared concerns about the environmental impacts, based on the property’s
prior use as a gasoline station.
20.h
Packet Pg. 327 Attachment: h - PC Meeting Minutes - August 24 2016 (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Planning Commission Minutes DRAFT of August 24th, 2016 Page 4
Commissioner Larson inquired about the height adjustment and the flexibility provided for it in
the Special Study Area; Assistant City Attorney Ansolabehere clarified that the height exception
was not based on policy but that the request for it is a concession allowed by the density bonus
law.
Commissioner Larson commented that the Chorro setback is an important issue in his estimation;
acknowledged difficulty in supporting the first finding, concerning with detriment to health, safety,
and welfare within the vicinity.
Commissioner Malak shared concerns regarding the project’s incompatibility with the
neighborhood and its effect on views, privacy and parking; requested removal of the rooftop deck.
Attorney Ansolabehere provided Resolution of a denial template for the Commission’s articulation
of necessary reasons for a denial as required by the State via Housing Accountability Act.
Commissioners Larson and Fowler suggested being open to continuance; Chair Stevenson
indicated that a denial might be preferred by the Applicant insofar as it provides the right of an
appeal; Applicant Loren Riehl explained that making adjustments to the height would not be
financially feasible but that additions to parking could be feasible.
ACTION: UPON MOTION BY COMMISSIONER LARSON, SECONDED BY VICE-CHAIR
FOWLER, the Planning Commission denied a Use Permit for a mixed-use project in the Foothill
Boulevard Special Focus Area; on the following 4:1:0:1 vote:
AYES: Larson, Fowler, Malak, Stevenson
NOES: Knight
ABSTAIN: None
ABSENT: Dandekar
Chair Stevenson commended the public for their articulation of concerns.
2. Citywide. OTHER-3400-2016: Review and recommendation to City Council of the draft
Short Range Transit Plan, FY 2017-2021; City of San Luis Obispo Public Works Department,
applicant.
Deputy Director Davidson introduced Transit Manager Anguiano to make presentation on the
revised draft of the Short-Range Transit Plan (SRTP). Transit Manager Anguiano emphasized and
highlighted the SRTP’s purpose, critical points and the various public input processes which
assisted in its development.
COMMISSION DISCUSSION
Vice-Chair Fowler shared concern regarding Islay bus stop off Tank Farm Road.
20.h
Packet Pg. 328 Attachment: h - PC Meeting Minutes - August 24 2016 (1469 : Appeal of PC decision for a mixed-use project located at 22 Chorro Street)
Meeting Date: 10/18/2016
FROM: Monica Irons, Director of Human Resources
Prepared By: Greg Zocher, Human Resources Manager
SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523 (FIRE)
FOR THE PERIOD OF 01/01/2016 – 12/31/2017
RECOMMENDATION
Adopt a resolution ratifying the Memorandum of Agreement (MOA) with a two-year term
between the City of San Luis Obispo and Fire (Attachment A).
DISCUSSION
Background
In September 2014, Council adopted Labor Relations Objects (LROs) that provided guidance
and high level direction for negotiations with all employee groups. The LROs, outlined below,
balance recruitment and retention of well qualified employees with fiscal responsibility:
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues.
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liabilit y trend
and other actions consistent with State law.
3. Continue to effectively manage escalating health benefit costs through balanced cost
sharing and other means while maintaining comprehensive health care coverage for
all eligible employees.
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy (Attachment C).
In preparation for negotiations with Fire, the City bargaining te am reviewed relevant market
compensation data from the 2014 Benchmark Compensation Study and updated the salary
information since the benchmark study was two years old. This updated salary data indicated the
Firefighter classification was 9.2% below the median. It is important to note Fire gathered their
own compensation data using a slightly different data set, and that information indicated the
Firefighter classification was 15.2% below the median (the 6% difference between the City and
Fire’s data is due to Fire using a slightly different data set and timing of salary increases included
in the data). The Consumer Price Index (CPI) that has averaged a 2.5% increase over the past
five years was considered and generally aligned with the median of cost of living adjustments
(COLAs) negotiated for 2016-17 which was also 2.5%.
The Compensation Study indicated Fire lagged the market on family coverage for health
contributions (36% to 47% below the median depending on the type of plan selected). However,
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this is due in part to the fact that Fire is the only employee group that has not negotiated a move
to a tiered contribution structure that provides a higher contribution for those who enroll in
family coverage and a lower contribution for employee only coverage. Instead, Fire employees
currently receive the same flat rate contribution regardless of the number of dependents covered.
While the contribution to family coverage significantly lagged the market, the contribution
covers over 100% of the cost of employee only medical coverage. The Compensation Study also
indicated Fire slightly lagged the median of market in Holiday and Vacation leave.
The term of agreement for Fire’s current MOA began January 1, 2012 and expired on December
31, 2015. That agreement was negotiated at a time when total compensation reductions were
negotiated with all employees Citywide to bring ongoing staffing expenditures in line with
anticipated ongoing revenues. Fire agreed to no COLAs from 2012 through 2015 and a 7.6%
total compensation reduction. Based on the length of time since this group received a COLA (six
years), Fire returned to the bargaining table for the first time “post-concession” with the intent of
restoring compensation and benefits to the median of the market. The expectation of having
salary and benefits “restored” was a common theme with other bargaining groups as the
economy improved following concession bargaining.
Negotiations started in early October 2015, with Fire submitting numerous proposals, initially
making it difficult to discern actual priorities. However, over time it became clear that Fire was
focused on bringing their group to market median using their market comparison data which
reflected salary lagged the market by more than 15%, and to address the health insurance
contribution and time off, both priorities for many of the Fire employees with families. Moving
to a tiered contribution structure, providing an increased City contribution for family health
coverage, was a primary objective for Fire. In addition, Fire wanted increased paid time off
which would put them at market median.
The City’s objectives were grounded in Council’s LRO and the desire to encourage increased
technical skills at higher ranks to ensure coverage and response for the community. While the
City has not experienced significant turnover in Fire it must be sensitive to market data to retain
well qualified employees, especially given the significant ongoing investment in training
necessary for these employees to serve our community. Therefore, the City focused on
competitive salary (+/- 5% of the comparison market median), continued pension and health cost
sharing, including moving to a tiered health contribution structure, ensuring compliance with the
Affordable Care Act (ACA), and limiting potential liability due to recent changes in the Fair
Labor Standards Act (FLSA).
These issues were complex and challenging; however, through numerous negotiation sessions,
the parties reached agreement that achieved shared objectives including competitive salary, a
tiered health contribution, more flexibility on taking Holiday leave as actual time off, and
compliance with new regulations. As can be seen below most implementation dates are “effective
upon Council adoption”; a technique used to motivate the parties to focus on shared objectives to
reach agreement as soon as feasible given the complexities of the issues.
Fire Agreement
The following is a summary of the key changes included in the successor Fire MOA:
21
Packet Pg. 330
1. Term of Agreement: January 1, 2016 – December 31, 2017;
2. Cost of Living Adjustments: The COLAs are consistent with Council’s adopted
compensation philosophy and treatment of other bargaining groups’ post concession
contract agreements:
a. 2% Effective upon Council adoption,
b. 2% Effective January 2017.
3. Market Equity Adjustments: The equity adjustments, COLA and other adjustments to
salary (Above Grade Skills Incentive) are expected to bring Firefighter classification to
approximately 2% below market median by end of the contract:
a. 3% Effective July 2016,
b. 2% Effective July 2017.
4. Above Grade Skills Incentive (AGSI): Effective upon Council adoption, 4% AGSI to
eligible Firefighters, Engineers or Captains who qualify to serve and continue to function
at the next higher rank (AGSI replaces a 5% Work out of Grade incentive for Sworn
employees). AGSI will encourage employees to develop into new leadership roles,
allowing more flexibility for the department to assign and deploy staff which will
improve service to the community.
5. Tiered Health Insurance Contribution: Effective upon Council adoption contribution
consistent with other bargaining groups and cost sharing of the average health insurance
increase consistent with Council’s LRO. The agreement no longer allows employees
electing coverage in the City’s health plan to receive cash back and ensure compliance
with the ACA and limits overtime costs under FLSA.
6. Uniform Allowance: Effective January 2017 increase Uniform Allowance from $800 to
$1,000 annually.
7. Urban Search and Rescue (USAR) Incentive: Upon Council adoption $75 bi-weekly for
three employees who are members of the County’s USAR team who must complete and
maintain extensive highly specialized training and certifications to protect and serve our
community in the event of a disaster.
8. Holiday Pay: Following Council adoption, sworn employees will no longer be paid for a
portion of their holiday leave each payroll. Rather this amount will be converted to a
leave bank that could be taken as time off. This results in a cost savings for the City
since automatic payment of holiday leave throughout the year increases PERS and
overtime costs. In addition, this will move Fire classification at market median on leave
time off.
9. Integration of Battalion Chief (BC) Compensation and Benefits into Fire MOA: BC’s
compensation and benefits, currently an addendum to the Fire MOA as they became
represented by this Union in April 2012, will be integrated into the 2016-17 MOA
resulting in a slight impact on costs as there are only three employees in this
classification.
10. Staffing language revisions: Key operational items that clarify management rights in
determining appropriate staffing levels and balanced staff assignment at stations and on
shifts as necessary to best meet the needs of the community.
11. Other minor items with low or no cost.
Fire represents 47 fire employees; 42 sworn personnel from the rank of Firefighter to Battalion
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Chief and five (5) non-sworn personnel including Fire Inspectors, Fire Vehicle M echanic and
Hazardous Materials Coordinator. The Fire bargaining team included six employees who
represented a good cross section of the union membership and two labor consultants. These
negotiations resulted in the parties reaching a tentative agreement for a successor MOA on
August 26, 2016. The tentative agreement was ratified by the Fire membership on September
26, 2016. Since that time staff has worked with Fire representatives to finalize MOA language
and prepare this report. It is important to note, when finalizing language for Article 42 (of the
current MOA) – Staffing, Fire refused to correct the number of Firefighters to reflect the three
additional firefighters (for a total of fifteen Firefighters, not the twelve indicated in the attached
MOA) authorized by Council as part of the 2016-17 Budget Supplement. The correct number of
authorized Firefighters for Article 42 is fifteen. Fire’s unwillingness to correct this number in
the MOA is due to Fire’s dispute over Council’s decision to increase Firefighter staffing levels.
The City has continued to offer to meet and confer with Fire over the impacts of Council’s
decision. This process is ongoing as of the writing of this report. Staff believes this report and
the budget is sufficient to establish the record. Actual revision of the MOA on this point is
unnecessary.
FISCAL IMPACT
The cumulative annual ongoing total compensation cost after all items in the two -year term are
implemented is approximately $762,000. Funding is available in the current 2015-17 Financial
Plan for cost increases resulting during that timeframe and subsequent costs were modeled in the
Five-Year Fiscal Forecast and are sustainable under the most recent adopted assumptions in that
forecast to ensure consistency with Council’s adopted LROs and Fiscal Responsibility
Philosophy (Attachment D).
ALTERNATIVES
Do not approve the resolution and direct staff to negotiate a different successor agreement and
resolution. This alternative is not recommended as the agreement is consistent with the Council’s
previous direction and the City’s employer-employee relations policies.
Attachments:
a - Fire Resolution 2016
b - Exhibit A Fire MOU 2016 to 2017
c - Compensation Philosophy
d - Fiscal Responsibility Philosophy
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R ______
RESOLUTION NO. (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2016 THROUGH DECEMBER 31,
2017
WHEREAS, the San Luis Obispo Firefighters Local 3523 (Fire) is committed to providing
high quality service to the community and recognize the City’s commitment to fiscal
responsibility; and
WHEREAS, Fire employees have demonstrated sensitivity to the fiscal challenges facing
the City for several years by agreeing to no across the board salary increases (e.g. “cost of living”
increases) from July 2010 through June 2016; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted
and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes in the 2016-2017 Fiscal Year Budgets and Five-year Forecast and other
budgetary documents as needed.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Matt Polkow, San Luis Obispo
Firefighters Local 3523, and Monica Irons, Director of Human Resources.
Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 18th day of October 18, 2016.
21.a
Packet Pg. 333 Attachment: a - Fire Resolution 2016 (1477 : Fire MOA)
Resolution No. _____ (2016 Series) Page 2
R ______
___________________________________
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
21.a
Packet Pg. 334 Attachment: a - Fire Resolution 2016 (1477 : Fire MOA)
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523
JANUARY 1, 20162012 – DECEMBER 31, 20172015
21.b
Packet Pg. 335 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
i
Article No. Title Page No.
1 Parties to Agreement ......................................................................... 1
2 Recognition ....................................................................................... 2
3 Dues Deduction ................................................................................. 3
4 Employee Rights ............................................................................... 4
5 Management Rights .......................................................................... 5
6 Representative Role .......................................................................... 6
7 Communication Process .................................................................... 8
8 Promotional Opportunities ................................................................ 9
9 Utilization of City Facilities .............................................................. 10
10 Grievance Procedure ......................................................................... 11
11 Salary ................................................................................................ 13
12 Paramedic Incentive Pay .................................................................... 16
13 Station 1 Captain Incentive Pay ......................................................... 17
14 Bilingual Pay ...................................................................................... 18
15 Hazardous Materials Incentive Pay ................................................... 19
16 Above Grade Skills IncentiveTraining Captain ................................. 20
17 Urban Search and Rescue Incentive Overtime ................................ 21
18 Overtime
1918 Emergency Call Back ....................................................................... 22
2019 Work Out of Grade ........................................................................... 23
2120 Standby ............................................................................................. 24
2221 Educational Incentive ........................................................................ 25
2322 Uniform Allowance .......................................................................... 27
2423 Insurance ........................................................................................... 28
2524 Vacation Leave ................................................................................. 30
2625 Leave Of Absence ............................................................................. 33
2726 Holidays ............................................................................................ 34
2827 Bereavement Leave ........................................................................... 36
2928 Sick Leave ......................................................................................... 37
3029 Family Leave .................................................................................... 38
3130 Workers' Compensation Leave ......................................................... 40
21.b
Packet Pg. 336 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
ii
Article No. Title Page No.
3231 Modified Work Assignment ............................................................. 41
3332 Safety ................................................................................................ 42
3433 Retirement ......................................................................................... 43
3534 Hours ................................................................................................. 45
3635 Health/Fitness ................................................................................... 46
3736 Salary Survey Cities .......................................................................... 47
3837 Layoffs .............................................................................................. 48
3938 Work Actions .................................................................................... 52
4039 Firefighter Recruitment ..................................................................... 53
4140 Probationary Period .......................................................................... 54
4241 Residency Requirement .................................................................... 55
4342 Staffing .............................................................................................. 56
4443 Seniority Bidding for Station Assignment ........................................ 57
4544 Disciplinary Procedure.......................................................................
46 Full Agreement ................................................................................. 61
475 Savings Clause .................................................................................. 62
486 Renegotiations ................................................................................... 63
497 Authorized Agents ............................................................................ 64
5048 Term of Agreement ........................................................................... 65
Appendix "A" – Classification .......................................................... 66
Appendix "B" - Work Schedule Illustration ..................................... 67
Appendix "C" - Employee Responsibilities
& Benefits - Sick Leave ........................................ 68
Appendix "D" – Salary Ranges
Formatted: Tab stops: 3", Left + 3.5", Left + 4", Left +
4.5", Left + 5", Left + 5.5", Left
21.b
Packet Pg. 337 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
1
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this March 6, 2012October 18, 2016 by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the International Association
of Firefighters, Local 3523, hereinafter referred to as Union or Local 3523.
21.b
Packet Pg. 338 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
2
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989 Series),
the City hereby recognizes the International Association of Firefighters, Local 3523, as the
bargaining representative for purposes of representing regular and probationary employees,
occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to
their compensation, hours and other terms and conditions of employment for the duration of this
Agreement.
21.b
Packet Pg. 339 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
3
ARTICLE 3
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a monthly
basis for the duration of this Agreement, which dues shall not include assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance &
Information Technology Director and a notification of all dues transactions shall be sent monthly
to the Union Treasurer.
The Union shall hold the City harmless from any and all claims, and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon presentation of
supporting evidence.
21.b
Packet Pg. 340 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
4
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
21.b
Packet Pg. 341 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
5
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization and the technology for
performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union by
Government Code Section 3500, et seq.
21.b
Packet Pg. 342 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
6
ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not
more than three employee members of such organization and one employee observer to meet and
confer with the Municipal Employee Relations Officer a nd other management officials (after
written certification of such selection is provided by an authorized official of the organization)
on subjects within the scope of representation during regular duty or work hours without loss of
compensation or other benefits. The employee organization shall, whenever practicable, submit
the name(s) of each employee representative to the Municipal Employee Relations Officer at
least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other authorized City
management official. If employee representatives cannot be released for good reason, the date of
meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 Executive Board
members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of carryover time) of
vacation time, holiday time, and compensatory time off (CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time bank shall not
exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be carried over to
the next year. If no hours were used in the previous year and the maximum hours remain
in the time bank, no additional donations by members shall be authorized in the
upcoming year.
5. During the first full pay period in July each calendar year, Local 3523 President along
with the Executive Board and the Accounting Supervisor shall determine the number of
hours remaining in the Union time bank. That number shall be subtracted from the
maximum number of time bank hours of 440 hours. The difference between the actual
number of hours and the 440 hours maximum will be divided by the number of Local
3523 represented employees. Each 56 hour per week employee shall contribute an equal
number of leave hours and each 40 hour per week employee will donate 70% of the
amount donated by 56 hour per week employees to be debited by the City to maintain
440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized by the
Executive Board and is subject to final approval per department policies and procedures.
Approval for suppression personnel must be authorized in advance by a Battalion Chief
and approval for non-suppression personnel must be authorized in advance by the Fire
Marshal or designate.
21.b
Packet Pg. 343 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
7
8. Vacancies created by approved requests that affect constant staffing, may be filled
through mandated overtime.
21.b
Packet Pg. 344 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
8
ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 66196287 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other subjects
of mutual interest. Minutes of the meeting will be maintained to reflect topics discussed,
actions to be taken, the party responsible for any action and the expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee), department
head (or designee), and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the department head at a
scheduled monthly meeting.
21.b
Packet Pg. 345 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
9
ARTICLE 8
PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing and
scoring processes that will be followed. Once defined, testing and scoring processes will not be
modified.
There will be no banding on promotional exams and, if a candidate is by-passed during the
selection process, that person will be given a written reason by the Fire Chief as to why s/he was
by-passed. The City agrees to an opener to discuss the promotional process if the Fire Chief
goes below the top three (3) candidates in making his selection on promotional exams two (2) or
more times during the term of this contract.
21.b
Packet Pg. 346 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
10
ARTICLE 9
UTILIZATION OF CITY FACILITIES
1. Local 3523 shall be allowed to use Fire Department facilities for official Union activities.
The Union will notify the Chief or his/her representative of any upcoming meetings. The
Union will follow any sign-up procedures for room availability the Department has in
place. Scheduling of the facilities usage would be conducted so as not to conflict or
interfere with normal operation of departmental business. In lieu of any conflicts in
availability or a denial by the Chief, it will be presumed that the Union will have the OK
of the Chief to use the facility. Activities would include, but would not be limited to:
General Membership meetings, Board of Directors meetings, Negotiation Team
meetings, and various special committee meetings.
2. Facilities would include, but would not be limited to: conference room, training room,
and second floor common areas.
3. Local 3523 understands that e-mail sent over the City network is public record. With this
acknowledgement, the City gives the Union the right to use the computers and the e-mail
system. This right may be revoked at any time or for any reason. This revocation must
be done in writing and must be delivered in person to a San Luis Obispo Firefighters’
Board member.
21.b
Packet Pg. 347 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
11
ARTICLE 10
GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer-
Employee Resolution, the Personnel Rules and Regulations, any memorandum of
agreement with an employee association or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be accompanied
by a representative at each step of the process. If a specific action to be grieved affects
several employees, those employees may consolidate their grievance and be represented.
C. Each Grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. If the matter
can be resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in writing
to the department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations or agreement said to be violated,
and the proposed remedy. This action must take place within fifteen business days
of the occurrence of the grievance. The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days of
receiving the written grievance. If the employee accepts the department head's
decision, the grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee may
immediately submit the grievance in writing to the human resources director within five
business days of receiving the department head's decision. The Human Resources
Director shall confer with the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be advisable.
E. The results or findings of such conferences and investigations shall be submitted to the
City Manager in writing within fifteen business days of receiving the employee’s written
request. The City Manager will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City Manager’s decision
shall be in writing and given to the employee within fifteen business days of receiving the
Human Resources Director's results and findings. Such decision shall be final unless the
employee desires a review of the decision.
21.b
Packet Pg. 348 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
12
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local 3523)
a. The employee will have five business days following receipt of the City
Manager’s decision to submit a written request to the Human Resources
Director for review of the decision. The Human Resources Director will
obtain a list of five potential hearing officers from the State Mediation and
Conciliation Service. Then following a random determination of which
party (city or appellant) begins, parties shall alternately strike one name
from the list until only one remains.
b. Within 30 business days, the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing
officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance process
may be appealed through the process ultimately to the hearing officer who
shall decide on the eligibility prior to ruling on the merits.
d. Any fees or expenses of the hearing officer shall be payable one-half by
the city and one-half by the Union. All other expenses shall be borne by
the party incurring the expense.
21.b
Packet Pg. 349 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
13
ARTICLE 11
SALARY
Section A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in the
current Salary Resolution with the following modification: The Fire Chief shall be authorized to
reevaluate employees who reach the top step in their pay range. An employee who is not
performing up to standard for the top step shall be notified in writing that the department head
intends to reduce him/her one step unless his/her job performance improves significantly within
a 60-day period. Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may be reinstated at
any time upon recommendation of the department head. If the Fire Chief deems it necessary to
again remove the top step during the same fiscal year, he/she may make the change at any time
with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps 2
through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step 1 equals
90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5). Steps 1
through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across-the-board percent salary increase shall raise the top step of the range by that percent.
The highest step of each successive salary range shall be 2.63% above the highest step of the
next lower range. After all highest steps of salary ranges have been established, each highest
step shall be rounded off to the nearest dollar and the remaining steps established in accordance
with the above formula. Employees who are eligible for advancement to the top two steps must
receive at least a "competent" rating on their most recent performance evaluation prior to or
coincident with their being eligible for advancement by time in grade. Competent is defined as
"Performance meets standards of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the timing
for progression being one-year for each step.
21.b
Packet Pg. 350 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
14
Section B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period following the dates
listed below:
Council Adoption of Agreement 2%
January 1, 2017 2%
Compensation Study Market Equity Adjustments will be effective the first day of the first full
pay period following the dates listed below:
July 1, 2016 3%
July 1, 2017 2%
The salary ranges for the term of this agreement are listed in Appendix D.
The parties agree to no across the board salary increases (e.g. “cost of living” increases) for the
term of the Agreement and the pay schedule will be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
612 Firefighter 4,680 5,200 5,473 5,761 6,065 6,383
2,160 2,400 2,526 2,659 2,799 2,946
615 Fire Engineer 5,629 5,926 6,238 6,567 6,912
2,598 2,735 2,879 3,031 3,190
616 Fire Vehicle 5,770 6,073 6,392 6,730 7,083
Mechanic 2,663 2,803 2,950 3,106 3,269
617 Haz Mat 6,784 7,141 7,516 7,913 8,329
Coordinator 3,131 3,296 3,469 3,652 3,844
621 Fire Captain 6,578 6,925 7,291 7,674 8,077
3,036 3,196 3,365 3,542 3,728
626 Fire Inspector I 4,734 4,981 5,246 5,521 5,811
2,185 2,299 2,421 2,548 2,682
630 Fire Inspector II 5,248 5,525 5,815 6,121 6,444
2,422 2,550 2,684 2,825 2,974
633 Fire Inspector III 5,672 5,971 6,286 6,615 6,964
2,618 2,756 2,901 3,053 3,214
Formatted: Bulleted + Level: 1 + Aligned at: 0.25" +
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21.b
Packet Pg. 351 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
15
Hazardous Materials 117.84 Bi-Weekly
Paramedic 765.96 Monthly
353.52 Bi-Weekly
Section C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated, freezing
her/his salary until such time as there is an improved job performance. The department head
shall give 60 days written notice to any employee s/he intends to "Y" rate, giving the employee
an opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later)
in the employee being frozen below the next lower step of the new range.
Section D. Payday
PayrollPaychecks will be disbursed on a bi-weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions and is
subject to adjustment for cause beyond the City's control.
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21.b
Packet Pg. 352 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
16
ARTICLE 12
PARAMEDIC INCENTIVE PAY
Section A. Paramedic Incentive
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter base
salary, prorated to a bi-weekly amount, to those Ffirefighters, Engineers, or Captains or other
approved fire personnel assigned to EMT Paramedic duties by the Fire Chief.
Paramedics required to recertify shall be granted four (4) hours training time per month for six
(6) months prior to the recertification. Such hours shall be scheduled by the Department during
the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining the starting
salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of their
probationary period. After that point in their probationary period, they may be allowed to do so,
but only after a consultation with the Fire Chief or his/her designee, a Union Officer, and the
Paramedic Coordinator.
21.b
Packet Pg. 353 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
17
ARTICLE 13
STATION I CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station I shall receive $57.69 bi-weekly pay incentive, to
compensate for the additional Station l workload. Mandatory assignments to Station I for
Captains shall not exceed two consecutive years.
21.b
Packet Pg. 354 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
18
ARTICLE 14
BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish through the
testing process shall receive a bilingual payment of $35 per pay period. Additional languages
may be approved by the City based upon demonstrated need.
21.b
Packet Pg. 355 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
19
ARTICLE 15
HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief shall receive
incentive pay equal to four percent (4%) of the top step Firefighter base salary. The Department
will support a 6 person Haz Mat Team (2 per shift). Hazardous Materials Technicians will be
expected to certify as Hazardous Materials Specialists within 12 months of joining the team in
order to continue receiving the incentive pay.
21.b
Packet Pg. 356 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
20
ARTICLE 16
TRAINING CAPTAIN
A. Selection
The Fire Chief has the ability to appoint a Training Captain from qualified individuals. If
more than one qualified individual expresses interest in the position, the Chief will convene
an internal interview board, which will include the President of the Local 3523 or designee,
to provide a recommendation. If no qualified individuals express interest in the position, the
Chief and the President of Local 3523 will meet and consult regarding the selection of a
Training Captain.
B. Term
Appointments will normally be no less than two years. At the end of two years voluntary
appointments made through the selection process may be ended in accordance with the
Department’s normal bidding process. Involuntary appointments will not exceed three years.
C. Compensation
An employee assigned as a Training Captain will be paid the Captain’s 40 hour rate plus 7%
of his/her base pay, including incentives in place at time of appointment. A Training Captain
working suppression will, however, be converted to the 56 hour rate.
D. Out of County Assignments
When utilized for an out-of County emergency response assignment, the Training Captain
will be compensated by the City on the basis of a forty-hour work rate unless the assignment
requires the Training Captain to be deployed as part of a special strike team for suppression
services, in which case the Training Captain will be compensated on the basis of a fifty-six
hour work rate.
E. Work Schedule
The work schedule of the Fire Training Captain will be based on the operational needs of the
department as determined by the Fire Chief. The Fire Training Captain may be eligible to
participate in an Compressed Work Schedules (Flex Time) per the City’s Trip Reduction
Incentive Program.
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21.b
Packet Pg. 357 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
21
ARTICLE 16
ABOVE GRADE SKILLS INCENTIVE
A. Effective the first full pay period following Council adoption, the City shall pay four
percent (4%) pay incentive of base rate of pay to those Firefighters, Engineers, or
Captains who become qualified to serve and function at the next higher classification
above their current rank. Employees are eligible for this incentive upon
qualification/certification through the testing and task booking process as outlined in the
Department Training Manual and General Operations Manual sections 502-01, 502-02,
and 502 -03 (in progress). Also contained in these references are the requirements for
refresher training and skills maintenance to remain qualified/certified to serve in these
acting capacities. Biennial (occurring every two years) recertification is required to
maintain or reinstate an Above Grade Skills Incentive. This program is administered by
the Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g. an
employee of the Firefighter rank who is Acting Engineer and Acting Captain qualified)
shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classification for
which they are receiving the incentive, will have their incentive removed and be required
to recertify in order to receive the incentive again. The decision to remove the
incentive is reserved to the Chief and subject to appeal to the Chief by the affected
employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of agreement
by Council, will be considered eligible for this incentive. Recertification will be required
within twelve months of that date.
F. Employees who were temporarily promoted to Engineer without completing the revised
2014 task book will receive the incentive for up to six (6) months from date of MOA
adoption to provide ample time for certification completion. In the event the certification
is not obtained within this timeline, the incentive will be removed.
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C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
21.b
Packet Pg. 358 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
22
ARTICLE 17
URBAN SEARCH AND RESCUE INCENTIVE
Effective the first full pay period following Council adoption, the City shall pay $75 bi-weekly
for three employees, at the rank of firefighter, engineer or captain, who are members of the SLO
County Urban Search and Rescue Team in good standing who attend monthly Team drills, and
maintain currency in all technical skill areas. In addition, these employees will act as
trainer/subject matter expert for technical rescue disciplines for recurring advanced technical
rescue training within the Fire Department.
21.b
Packet Pg. 359 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
23
ARTICLE 1817
OVERTIME
1. 1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall
receive overtime pay at time-and-one-half computed at their base salary for those
hours worked in excess of regularly scheduled shifts.
2. Battalion Chiefs shall be considered exempt and not eligible for overtime payment or any
return-to-work minimum payments, except as described below or specifically
authorized by the Fire Chief due to extraordinary circumstances. Extraordinary shall
be defined as an actual emergency requiring a Battalion Chief to return to work. It
does not include administrative meetings, etc. In general, Battalion Chiefs are
expected to work the hours necessary to successfully carry out their duties and
frequently must return to work or attend meetings and events outside their normal
working hours.
3. The City will complete an internal review as to whether Battalion Chiefs are exempt or
non-exempt under FLSA. This review will include any changes to the City’s FLSA
obligation as a result of the “Flores vs. City of San Gabriel” ruling regarding “cash
back” from the cafeteria contribution being added to the “regular rate of pay” for
purposes of calculating Federal overtime.
4.2. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigned
to work (one hundred ninety-two (192) hours in a twenty-four (24) day pay cycle.
Employees in these classifications who work more than one hundred eighty-two (182)
hours during a pay cycle, shall be paid time and one-half (1 1/2) for all hours worked in
excess of one hundred eighty-two (182) hours worked in the twenty-four day pay cycle.
Paid time off shall be counted as time worked when calculating this overtime pay.
53. All non-safety other personnel shall receive overtime pay at time-and-one-half computed
at their base salary for all hours worked in excess of forty (40) hours per week including
holiday, sick leave and vacation unless they elect to receive compensatory time off at
time and one-half.
64. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
75. All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
86. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
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3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
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3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.75"
21.b
Packet Pg. 360 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
24
Third Option – Mandatory staffing that ensures adequate paramedic and officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic. Compensation will
be paid as out of grade pursuant to Section 19.3.
9. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire Departments,
Battalion Chiefs shall be afforded flexibility in managing their work load and time and are
eligible to take a maximum of 72 hours per calendar year of Administrative Leave. Such leave
may be taken at any time during the year, however, in cases where a person is not actively
employed in an exempt position with the City during the full year such leave shall be prorated or
if the yearly amount earned is changed during the year the amounts shall be prorated. For
purposes of computing monthly amounts, the rate of 6.0 hours per month may be used. There
shall be no carryover of such leave from year to year or any payoff for unused leave except that
during the month of December employees may request up to 40 hours of unused administrative
leave to be paid in cash at the last pay period provided that total taken and paid does not exceed
72 hours during the calendar year.
10. Battalion Chiefs – Shift Coverage
Shift Fire Battalion Chief absences will be covered by an off duty Fire Battalion Chief, through
the Call Back options listed below.
A Fire Battalion Chief working shift coverage in excess of 4 hours for another Fire Battalion
Chief will receive a stipend at the rate of 1.275% of base pay for each hour worked. Fire
Battalion Chiefs continue to be overtime exempt and will perform all other additional work
without additional compensation except as described above under “Administrative Leave”.
11. Battalion Chiefs – Call Back
Shift coverage call back shall be as follows:
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as Battalion
Chief in situations that would otherwise require mandatory overtime.
Fourth Option – Mandatory rank for rank.
Formatted: Indent: Left: 0"
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3, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" +
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+ Tab after: 1.63" + Indent at: 1.63"
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+ Tab after: 1.63" + Indent at: 1.63"
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21.b
Packet Pg. 361 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
25
ARTICLE 1918
EMERGENCY CALL BACK
1. 1. Firefighters, Engineers and Captains Shift personnel who are unexpectedly called
back to work after completing their shift and having left the worksite shall be paid a
4-hour minimum guarantee at time and one half.
2. Non-safetyhift personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is larger.
3. Employees who are called back as defined above shall receive the minimum provided by
this article or pay for the work performed, whichever is larger.
4. Battalion Chiefs who are unexpectedly called back to work after completing their shift
shall be paid the shift coverage stipend (1.275%) for actual time worked but do not
receive a call back minimum.
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3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.75"
21.b
Packet Pg. 362 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
26
ARTICLE 2019
WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive one
step additional pay but in no case more than the top step for the higher classification under the
following conditions:
1. The assignment exceeds eight (8) consecutive work days, or four (4) consecutive shifts
for all shift employees; in which case the step increase becomes effective on the ninth
(9th) work day or in the fifth (5th) shift.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Each calendar quarter, employees may elect to receive payment for previously accrued
CTO at straight time.
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be eligible
for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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Formatted: z-Top of Form,Default
21.b
Packet Pg. 363 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
27
ARTICLE 2120
STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of two (2)
hours straight time pay for each assigned standby period.
B. Effective the first full pay period in January 2007 tThe Fire Vehicle Mechanic shall receive
thirty-five dollars ($3530.00) for each week day and fortythirty-five dollars ($4035.00) for
each weekend day and holiday when assigned to standby. For return to work as part of a
standby assignment, the City will guarantee either two (2) hours of pay in cash at straight
time or pay at time and one half for time actually worked, whichever is greater.for each
mutually agreed-upon standby period.
Standby Periods: During Fire Season (typically June-October), whenever fleet is supported
by reserve units, or when any other need arises; as mutually agreed upon by the Fire Chief
or designee and Fire Vehicle Mechanic.
21.b
Packet Pg. 364 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
28
ARTICLE 2221
EDUCATIONAL INCENTIVE
The City agrees to establish an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the City of
San Luis Obispo, but credit will be given for approved education obtained prior to that
time. Effective the first full pay period in January 2008 tThe basic benefit will consist of
$46.16 bi-weekly for possession of an A.A., or equivalent degree from an accredited
community or junior college; and $92.31 bi-weekly for a B.A. or equivalent degree from
an accredited four year college or university. Total incentive pay shall in no case exceed
$92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30 semester
units leading toward the appropriate degree with a grade of "C" or better must be
included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department head
at least 30 days before the date the payment of the incentive pay is to be effective.
Approval of the department head and the Hhuman Rresources Director shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence of the
City Manager, may suspend payment of the incentive pay until such time as the
employee's work performance comes up to the standard level, in the opinion of the
department head and concurred in by the City Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which is
required for the position held by the employee. Educational incentives shall not be paid
for education received on City time. The education incentive shall be removed if the
employee is promoted to a position which does not entitle employee to such incentive.
21.b
Packet Pg. 365 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
29
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
21.b
Packet Pg. 366 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
30
ARTICLE 2322
UNIFORM ALLOWANCE
A. All members shall be required to wear an approved uniform to promote the department's
public image, except for the positions designated by the Fire Chief as only requiring
occasional usage. Such positions shall receive one-half of the regular allowance. Each
employee shall receive an annual allowance of $1,000800 paid semi-annually to be spent
on the purchase and maintenance of department-approved uniforms. Said allowance shall
be paid directly to each eligible employee on the first full pay period of July and of
January. The Fire Chief or his/her designated representative shall conduct an inspection at
least once a year to ensure that each employee has the minimum number of uniforms and
that all uniforms meet department standards regarding safety and appearance. Employees
whose uniforms do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees for
purchase of their uniforms. If the employee severs employment with the City or is
terminated within one (1) year, the cash advance shall be deducted from the employee's last
paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and wearing
of employee uniforms. Such standards shall be on file in the Fire Chief's office, in each
fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes, including
appropriate athletic footwear. Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or
replacing Department approved uniforms which are damaged within the course of
employment. No reimbursement shall be made if the damage was due to negligence
on the part of the employee. At the time of damage, the employee will submit a
report documenting where and how the uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged items.
Replacement amounts shall be prorated. The Department will establish
administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in required
uniform items during the term of this agreement.
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ARTICLE 2423
INSURANCE
A. Health Flex AllowanceContribution
1. Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”), and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre-tax basis through the
City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall not receive any unused health flex in the form of cash
or purchase additional benefits under the Cafeteria Plan. Less than full-time employees
shall receive a prorated share of the City’s contribution. Effective the first pay period of
the month following adoption of this agreement the monthly health flex allowance shall
be:
Employee Only $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to adoption of this agreement that elect employee only medical
coverage will receive the health flex allowance listed above for employee only
“grandfathered” coverage. If the premium cost for medical coverage is less than the
health flex allowance, the employee shall not receive any unused health flex in the form
of cash.
The City shall contribute $424.50 bi-monthly for Cafeteria plan benefits for each regular,
full-time employee covered by this agreement. Less than full-time employees shall
receive a prorated share of the City contribution. Effective in December 20175 (for the
January 20186 premium), the City’s total Cafeteria Plan contribution shall be modified
by an amount equal to one half of the average percentage changes for family coverage in
the PERS health plans available in San Luis Obispo County. For example: if three plans
are available and the year-to-year changes were +10% + 15% + 20% respectively, the
City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x ½).
The employee only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. with the
"unequal contribution option" at the Minimum Employer Contribution rate, currently
$112.00 per month for active employees and $106.40 per month for retirees. The City's
contribution toward retirees shall be increased by five (5%) percent per year of the City's
contribution for the active employees until such time as the contributions for employees
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and retirees are equal. The City shall contribute an equal amount towards the cost of
medical coverage under the Public Employee’s Medical and Hospital Care Act
(PEMHCA) for both active employees and retirees. The City’s contribution toward
coverage under PEMHCA shall be the statutory minimum contribution amount
established by CalPERS on an annual basis. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan provided
to employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond what is
already provided for in the various bargaining agreements. In summary, this cost and any
increases will be borne by the employees.
C. Conditional Opt-OutHealth Insurance Coverage Optional Participation
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family). The
monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to adoption of this agreement)
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision insurance is deducted) in cash in accordance with the
City's Cafeteria Plan. Employees receiving the conditional opt-out amount Those
employees will also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employees' Contingency Reserve
Fund and the Administrative Costs. However, there is no requirement that these funds be
used exclusively for this purpose nor any guarantee that they will be sufficient to fund
retiree health costs, although they will be used for negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Effective January 1, 2017 eEmployees participation will be required to participate in the
City's dental and vision plans is optional. Employees who elect coverage shall pay the
dental and/or eye premium by payroll deductions on a pre -tax basis through the City’s
Cafeteria Plan.at the employee only rate. Should they elect to cover dependents in the
City's dental and vision plans, they may do so, even if they do not have dependent
coverage under PERS.
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E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the Union’s
plan. All non-safety employees in this bargaining unit shall be covered under the City’s
Long Term Disability Insurance Program. Non-safety employees shall pay the LTD
premiums by payroll deduction on a pre-tax basis through the City’s cafeteria plan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of Thirty-Five
Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be paid by the employee
through the City’s Cafeteria Plan and Twenty-Five Thousand ($25,000) shall be paid by the City.
FG. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical plans,
including those offered by PERS.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms of the Cafeteria
plan and the use of health flex allowance and the conditional out-out incentive should there be
future guidance under the ACA, Cafeteria Plan rules, or the City’s obligations under the ACA or
other laws. Any action taken in accordance with this reservation of rights will be subject to the
meet and confer process.
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ARTICLE 2524
VACATION LEAVE
1. Each incumbent of a 40-hour a week line-item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the first
five years; 15 days per year upon completion of five years; 18 days per year upon
completion of ten years; and 20 days per year upon completion of twenty years.
Employees scheduled for more than 40 hours per week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours
(respectively, 134.4 hours per year for the first five years; 168 hours per year upon
completion of five years, 201.6 hours per year upon completion of ten years and 224.6
hours per year upon completion of twenty years).
2. An incumbent is not eligible to use accrued vacation leave until after the completion of
the sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive payment for any unused vacation
leave.
4. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
5. There will be no accrual of vacation leave to non-shift employees in excess of two times
(2x) their annual accrual. Maximum accrual of vacation leave for shift employees, with
the exception of Battalion Chiefs, is twice the annual rate except as noted in Section 67,
Paragraph E. It is the responsibility of the Battalion Chiefs to manage vacation time
below the maximum accrual limit through the use of scheduled vacation time or vacation
sell back. Vacation Leave amounts for Battalion Chiefs over the two time annual accrual
limit at the last pay period of the calendar year will be forfeited.
6. All employees in this unit are eligible, once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an
employee’s attendance practices are satisfactory.
67. VACATION USE (Excluding Battalion Chiefs):
A. Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non-shift employees. The employee with the most
seniority shall select first, with the following choices made in descending order of
seniority.
B. First choice vacation shall be made during November/December each year. The
first choice shall be a minimum of four (4) shifts off within one (1) cycle.
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C. Should an employee be in danger of losing vacation accrual due to reaching the
twice annual vacation cap, for reasons other than those found in Section 6 (G) and
(H), the Fire Chief will review the circumstances which have prevented the
employee from taking vacation and will determine whether or not the employee
should be allowed to accrue beyond the cap or should be authorized to exercise
his/her one-time annual opportunity for vacation payout under Section 6 (K) of
this article.
Particular consideration will be given to those circumstances where vacation use
is denied because use would generate the need for mandatory overtime.
D. Employees have the right to have two (2) employees off on vacation per shift;
except on the Christmas, New Year’s Day and Thanksgiving holidays only one
employee shall have the right to be off on vacation. On Christmas, Christmas
Eve, and Thanksgiving holidays no vacation will be granted that results in a
mandatory of personnel. Additional vacation slots may be made available if
personnel are available to fill the shift without causing mandatory overtime.
E. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
F. Time off by Battalion Chiefs is not included in the determination of the number of
employees on vacation per D above.
G. If an employee's first choice vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above twice the annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
H. If an employee must cancel vacation for good reason, as defined by management,
the vacation above twice the annual rate shall be paid as accrued.
I. Employees may cancel scheduled vacation for any reason with a minimum of 15
days advance written notice to the Fire Chief or his/her designated representative.
Maximum vacation accruals will not be waived for vacation canceled pursuant to
this section.
J. Any cancelled scheduled vacations will continue to be available for reselection by
other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion
Chief on the shift affected will direct the appropriate Captain to make notification
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of the dates available to the platoon. Selection of available dates will be handled
as a second choice vacation pick, selection may consist of any or all days
remaining available. All selections made from the cancelled days will be
recognized as scheduled vacation. Filling the cancelled days will start with the
next person below on the seniority list (person below the person who is
canceling). Filling the cancelled days will continue until all the days have been
filled or all the personnel on that shift have been able to review and select the
remaining available vacation shifts.
K. All employees in this unit are eligible, once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an
employee’s attendance practices are satisfactory.
8. VACATION USE – Battalion Chiefs
A. Coordination of the Battalion Chief’s first, second and third choice
vacation selection will be carried out by the Fire Chief. Battalion Chiefs will
make their written scheduled vacation requests during the November 1st to
December 30th period and will coordinate the availability of one Battalion Chief
between themselves. Battalion Chief scheduled vacation selections will not be
based on shift employees’ vacations. The Fire Chief will consider and approve the
request.
B. Unscheduled vacations will be make in writing to the Fire Chief and will require
the availability of one Chief Officer and relief personnel which may include
voluntary overtime. All unscheduled vacations must be approved by the Fire
Chief. (Mandatory overtime is not allowed for unscheduled vacation.)
C. If an employees’ scheduled vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above the twice annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
D. If an employee must cancel vacation for good reason, as defined by management,
the vacation above the twice annual maximum shall be paid as accrued.
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ARTICLE 2625
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head up to 40
hours per year for non-shift employees and 56 hours per year for shift employees. When
possible, such leave requests shall be in writing and approved in advance. All other leave of
absence requests shall be handled in accordance with Section 2.36.460 of the Personnel Rules
and Regulations.
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ARTICLE 2726
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 6.07 hours of holiday leave semi-
monthly, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.6 hours) each bi-weekly payroll period through final pay date in
December 2016.
The remainder of the employee's annual holiday leave (78 hours) shall be advanced to the
employee effective the first payroll period in January of each year. Effective the first pay
date in January 2017 the bi-weekly payment for holiday leave will be discontinued and
employee’s annual holiday leave will increase from 78 hours to 145.6 hours. Such
holiday leave may be taken off by the employee as provided in the current departmental
Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 78 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
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C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-monthly
basis and added to the vacation accrual. Use, carry-over, accumulation, etc., of such
vacation shall be subject to the same rules and procedures that cover all accrued vacation.
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ARTICLE 2827
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse/domestic partner, child, brother, sister, parent, parent-in-law,
step-parent, step-brother, step-sister, grandparent, or any other relative living in the same
household, provided such leave as defined in this section shall not exceed five (5) working days
or the shift equivalent (56 hrs.) from each incident. The employee may be required to submit
proof of relative's death before being granted sick leave pay. False information given concerning
the death of relationship shall be cause for discharge.
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ARTICLE 2928
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached).
Upon termination of employment by death or retirement, a percentage of the dollar value of the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries, according to the following schedule:
(1) Death - 50% Such payment shall be made within seventy-two hours of notice to the City
of an employee's death.
(2) Retirement and actual commencement of PERS benefits:
(a) After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
(b) After twenty years of continuous employment (for all employees except Battalion
Chiefs) - 15%
(c) After twenty years of continuous employment (Battalion Chiefs only) – 20%
(c) After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
(d) After 30 years of continuous employment (Battalion Chiefs only) – 30%
(3) Job-related disability retirement and actual commencement of PERS benefits (for all
employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff (75%
of 1333.3 accrued hours.)
(4) Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
accrued hours.) Any balance of sick leave that remains after payoff will be forfeited.
Sick leave cannot be used to postpone the effective date of an industrial disability
retirement.
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ARTICLE 3029
FAMILY LEAVE
1. An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of
sick leave per year if required to be away from the job to personally care for a member of
his/her immediate family.
2. An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of the
employee's household.
A.3. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave per
calendar year if required to be away from the job to personally care fo a member of
his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar year or
the shift equivalent (78.4 hours) if the family member is part of the employee's household
and is hospitalized. The employee shall submit written verification of such
hospitalization.
C.4. For purposes of this article, a family member is defined as The amounts shown in 1, 2,
and 3 above are annual maximums, not maximums per qualifying family member. A
member of the employee's immediate family shall mean spouse or registered domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative as defined by Labor Code Section 233 and/or Assembly
Bill 1522.living in the same household.
D.5. The amounts shown in A, B, and C above are annual maximums, not maximums per
qualifying family member. If the family member is a child, parent, spouse or registered
domestic partner, an employee may use up to 48 hours (67.2 hours for shift employees)
annually to attend to the illness of the child, parent, spouse or registered domestic partner,
instead of the annual maximums in paragraphs 1. and 2. above, in accordance with Labor
Code Section 233.
E.6. In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1,2501280 hours in the last year may be eligible for up to 12
weeks of Family/Medical Leave within any 12 month period. Family/Medical leave can
be used for:
a. A new child through birth adoption or foster care (maternal or paternal leave).
b. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
c. Placement of an employee's child for adoption or foster care.
d. A serious health condition which makes the employee unable to perform the
functions of his or her position.
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This leave shall be in addition to leave available to employees under the existing four
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during the
Family/Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on Family/Medical
Leave are available through the City's "Guide to Family/Medical Leave Program".
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ARTICLE 3130
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850, shall be paid the difference between his base salary and the amount provided by workers'
compensation law during the first 90 business days of such disability absence.
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ARTICLE 3231
MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the individual
to sit at a desk, typeoperate a computer, drive a vehicle, and engage in minimal walking. The
employee may receive work assignments in one or more of the Department’s program areas:
Administration, Training, Hazard Prevention, Technical Services, Disaster Preparedness,
Emergency Response, or Communications. The schedule is typically 40 hours a week with the
employee working under the supervision of the Fire Chief, Deputy Fire Chief, or a Battalion
Chief. Depending upon the employee’s limitations, abilities, and the needs of the Department,
s/he may be assigned to shift work. There are two methods for placing a person on modified
duty:
1) At the employee’s request during a recovery period (minimum of two weeks) due to an
off-duty injury or illness.
2) At the request of the City because of a Worker’s Compensation injury. Each is
dependent upon the availability of an appropriate work assignment.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40-
hour modified duty administrative work assignment. The Fire Chief, or designee, would review
the temporary modified work restrictions provided by the employee’s doctor. The Department
typically has a variety of tasks that a person might be assigned to work on. In accordance with
past practice, as long as a legitimate modified work assignment is available (minimum of two
weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave is
provided temporary modified work restrictions and the Fire Chief knows of a possible modified
work assignment. The Fire Chief, or designee, would notify the employee of the modified work
assignment available. Employees on Worker’s compensation certified by a doctor for a
modified work assignment may lose benefits if they refuse available modified work assignment
based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all leave
balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40-hour work week. It
should be noted that any leave taken during this light-duty period is taken at the 40-hour work
week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee has
completed his/her FLSA period (the FLSA period runs concurrent with the A shift’s schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will be
reviewed with the employee prior to setting up the work schedule. Once the employee has
received a doctor’s release to return back to full-duty and it has been approved by the Fire Chief,
the employee will return to their appropriate shift on their next scheduled work day, assuming
this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess
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overtime would be triggered, the employee will return to work on the earliest date that will not
trigger excess overtime.
ARTICLE 3332
SAFETY
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7.
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ARTICLE 3433
RETIREMENT
A. “Classic Members First Tier” sworn members hired before July 1, 2012 and non-
sworn members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's 3% at age 50 plan
to all sworn personnel and the 2.7% at age 55 plan to all non-sworn personnel for
employees hired before July 1, 2012. The 3% at age 50 plan includes the following
amendments: Post Retirement Survivor Allowance, conversion of unused sick leave to
additional retirement credit, the 1959 Survivor's Benefit, one-year final compensation,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. The
2.7% at 55 plan has includes the following amendments: 1959 survivor's Benefit,
conversion of unused sick leave to additional retirement credit, one year final
compensation, and Pre-Retirement Optional Settlement 2 Death Benefit.
B. Effective the first full pay period in July 2013, the City has discontinued paying the full
member contribution required under the plan, presently nine percent (9%) for sworn
personnel and eight percent (8%) for non-sworn personnel. The employee pays to PERS
their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2)
the contribution is made on a pre-tax basis.
(1) The City agrees to contribute up to 9% of safety members’ obligation to
contribute to PERS, until the first full payroll period in July 2012 when the City
will pay 1.5% of the members’ obligation to contribute to PERS. Effective the
first full pay period in July 2013, the City will discontinue paying the safety
members’ obligation to PERS. Safety members will pay the full Member
contribution to PERS effective the first full pay period in July 2013.
(2) City agrees to contribute up to 8% of non-safety members’ obligation to
contribute to PERS, until the first full payroll period in July 2012 when the City
will pay 0.5% of the members’ obligation to contribute to PERS. Effective the
first full pay period in July 2013, the City will discontinue paying the non-safety
members’ obligation to PERS. Non-safety members will pay the full Member
contribution to PERS effective the first full pay period in July 2013.
(3) The City agrees to report as salary all Employer-Paid Member Contributions for
full-time employees to PERS for the purposes of retirement credit in accordance
with Gov. Code Section 20636 (c).(4). until the first full pay period in July 2013.
(4) The amount paid by the City is an employee contribution and is paid by the City
to partially satisfy the employee's obligation to contribute to PERS. An employee
has no option to receive the contributed amounts directly instead of having them
paid by the City to PERS on behalf of the employee. The Union understands and
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agrees that employees bear the risk of payment of any increases in the employee
contributions above the amount provided in this Agreement which may result by
action of PERS or the state legislature. Parties further agree that City payment of
PERS contributions is made based upon tax treatment currently permitted by the
State Franchise Tax Board and the IRS. Should current tax treatment change, the
Union and the employees hold harmless the City, its officers and agents from any
and all claims or costs of any type, including but not limited to, liability for back
taxes, arising out of this Agreement to pay part of the employee's PERS
contribution. Should current tax treatment change, the Union shall have the
opportunity to meet and confer regarding any such changes.
C.B. “Classic Members Second Tier” sworn members hired on or after July 1, 2012 and non-
sworn members hired on or after December 6, 2012.
PERS determines who is a “classic member” within the meaning of the California Public
Employees’ Pension Reform Act (PEPRA). For City employees hired on or after July 1, 2012,
tThe City agrees to will provide the PERS Safety 3% @ 55 retirement plan forto all sworn
personnel and the safety members 2% at age 60 plan to non-sworn personnel using the highest
three year average as final compensation. The second tier sworn personnel formula will include
the following amendments: Post Retirement Survivor Allowance, conversion of unused sick
leave to additional retirement credit, the 1959 Survivor’s Benefit, Military Service Credit, and
Pre-Retirement Optional Settlement 2 Death Benefit. The second tier non-sworn personnel
formula will include the following amendments: 1959 survivor’s Benefit, conversion of unused
sick leave to additional retire credit, and Pre-Retirement Optional Settlement 2 Death Benefit.
Employees hired under this plan will pay the full member contribution required under the plan,
presently nine percent (9%) for sworn personnel and seven percent (7%) for non-sworn
personnel. The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis. using the average
of the three highest years as final compensation. This second tier formula will include the
following amendments: Post Retirement Survivor Allowance, conversion of unused sick
leave to additional retirement credit, the 1959 Survivor's Benefit, one-year final
compensation, Military Service Credit, and Pre-Retirement Optional Settlement 2 Death
Benefit. Non-safety members will be subject to the same second tier PERS formula
implemented with the San Luis Obispo City Employees Association (SLOCEA). New
Employees hired under either second tier formula will pay the full member contribution
required under the plan, presently nine (9%) for the Safety plan and seven percent (7%) for
the Miscellaneous plan.
D. “New Members Third Tier”
For employees who PERS determines are “new members” within the meaning of the
California Public Employees’ Pension Reform Act (PEPRA), the City will provide the PERS 2%
at age 57 retirement plan for sworn personnel and 2% at age 62 retirement plan for non-sworn
personnel, using the highest three year average as final compensation.
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Effective on their date of hire, new members will pay 50% of the total normal cost of the
member contribution, as determined by PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
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ARTICLE 3534
HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty-six (56) hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at 0800
hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8
a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work day will
be divided as follows:
0800 - 1200 Captain’s Priority
1200 - 1300 Lunch
1300 - 1700 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude for
necessary classes, rewards and individual’s priorities. Included in Captain’s Priority is
vehicle and station maintenance, fitness training and Captain’s projects 8-12 daily.
Holidays and weekends are also Captain’s Priority times. In the event a Chief’s priority
needs to be scheduled during Captain’s priority time, every effort will be taken to provide
an equal amount of Captain’s priority time on that shift or the earliest available shift.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more than 72
consecutive hours must contact the Battalion Chief for confirmation that reasonable rest
has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange vacation leave with other department employees
of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees covered
by this Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
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ARTICLE 3635
HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to promote the
well being of employees and reduce the incidents of preventable accidents, illnesses, and
disabilities, and have, and shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and health and to establish required physical
standards to be met by all employees. The parties have agreed to implement the physical fitness
program outlined in the "Health and Fitness Maintenance Program".
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire Department.
The Union further recognizes there is a fire department policy concerning smoking in
departmental facilities and vehicles. The parties agree that smoking poses health risks to non-
smokers as well as smokers.
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ARTICLE 3736
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Chico
Davis
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Barbara
Santa Cruz
Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party may
propose changes to the above list of cities. A revised, mutually agreed upon list, may be used
during the negotiations to produce a successor Agreement. In the absence of an agreement for
change, the issue shall be referred to the meet and confer process.
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ARTICLE 3837
LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible for the
implementation of a layoff order of the City Council in accordance with the procedures outlined
below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be as
follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to be
determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by seniority
and job performance. Seniority is established by time in service within the Union.
That is, the last employee hired into the bargaining unit shall be the first employee
laid-off. Job performance categories shall be defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standards and expectations, or is outstanding.
Performance defined by this category is evidenced by an employee’s two most
recent performance evaluations with an overall rating that falls within the top two
to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least seniority
in the Union and who is in the lowest job performance category. Employees in
Category 1 with the lowest seniority will be laid off first, followed by employees
in Category 2. Should the two performance evaluations contain overall ratings
that are in the two different categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category
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the City shall use in determining order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval of
the department heads, if there is a vacancy and the employee meets the minimum
job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid-off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse order
of layoff, depending upon City requirements.
2. Names of employees laid-off shall be placed on a re-employment list for a period
of two years. They will be offered re-employment only once before being
removed from the list for the job they held before being laid-off. Re-employment
lists shall be used for filling those classes requiring substantially the same
minimum qualifications, duties and responsibilities of the class from which the
layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and the
human resources Director and in agreement with the employee, appoint an
employee who is to be laid-off to a vacancy in a vacant class for which he or she
is qualified. He/she will still remain on the re-employment list for the job from
which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may bump
back in their career series to a position they formerly held, if there is an employee
in the lower classification with less seniority than the employee who wants to
bump back. Seniority for the purpose of this section shall mean time in service,
as a regular employee, within the Union. For example, an employee attempting to
bump back to Engineer from Captain would utilize his/her combined time within
the Union, firefighter, engineer or captain, in determining whether or not he/she
had more seniority than an individual in the Engineer classification. The intent is
to have the last person hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any one
layoff, and shall be exercised within 20 calendar days from the date of the notice
of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of another
employee with lesser total seniority or by the acceptance of a vacant position in
the class with the same or lower salary.
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4. Employees who are reassigned (bump back) are to be placed on an open re-
employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially change
the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant to F,
below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action at
least thirty (30) calendar days in advance of the effective date of the layoff. The
notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names From Re-employment Lists
1. The human resources Director may remove an employee’s name from a re-
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been made
to do so. The City shall utilize certified mail when contacting individuals;
or
c. The individual refuses one re-employment offer at his/her previous job.
Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these procedures
shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her unused
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accrued vacation leave and holiday leave on the effective date of the
layoff.
c. When an individual is reemployed he/she shall be entitled to:
(1) Retain his/her seniority date.
(2) Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
(3) Have any unused sick leave reinstated.
(4) The same retirement package prior to layoff, assuming that the
employee has not withdrawn his/her PERS funds. If an employee
has withdrawn funds, he/she will be reinstated to the retirement
package which is currently in effect for all newly hired employees
unless the employee notifies PERS within 90 days that he/she
wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall be
assigned to the same salary range and step he/she held at the time of the layoff.
An individual reemployed into a job classification other than the classification
from which he/she was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he/she earned at the time of the
layoff.
3. When an individual has been reemployed after a layoff by bumping back to a
lower job classification prior to being laid-off, he/she will be placed on a re-
employment list for the higher job classification held prior to bumping back.
4. A probationary employee who is reemployed shall be responsible for completing
his/her probationary time commitment. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time he/she
would have had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 3938
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an
imminent threat to public health or safety and is unlawful, furthermore, it shall terminate the
employment relation. Provided however that nothing herein shall be so construed as to affect the
right of any employee to abandon or to resign his employment.
(a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees of
the City to hinder, delay, or interfere with, the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, or
unlawful picketing.
(b) In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions,
may, by action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the employee organization or organizations participating in such
actions.
(c) Employee members of any employee organization shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing to perform such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to the City Council by
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement
setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed
within ten (10) working days after the affected employee organization first received notice of the
decision upon which the complaint is based, or it will be considered closed and not subject to any
other appeal.
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ARTICLE 4039
FIREFIGHTER RECRUITMENT
1. The Chief, in consultation with the President of the Local 3523, will determine
the type of Firefighter recruitment to be conducted (e.g. entry level, lateral,
paramedic, etc.) based on the operational needs of the department. A current
eligibility list will be maintained and firefighters will go through the approved
department academy, as set forth in General Operations 501.03.
2. Firefighter Apprentices will be allowed to apply for entry-level firefighter
positions outside the limitation on the number of applications to be accepted. For
a given recruitment, if the number of applications received by the City for entry-
level firefighter positions is to be limited, the limit will not be less than 100.
3. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
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ARTICLE 4140
PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional appointments,
shall be subject to a probationary period of one year. The probationary period may be extended
if further employee evaluation is deemed necessary for up to six months upon the written
recommendation of the Fire Chief and the written approval of the Human Resources Director.
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ARTICLE 4241
RESIDENCY REQUIREMENT
A. Departmental General Operations 206.04 shall be modified as follows:
All shift personnel must live within one hundred and twenty (120) ninety (90) miles
travel distance from the City limits to their permanent residence.
.
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ARTICLE 4342
STAFFING
A. The current number of authorized positions in the Fire Department represented by the
Local 3523 is 3 Battalion Chiefs, 12 Fire Captains, 1 Fire Training Captain, 15 Fire
Engineers, 12 Firefighters, 1 Fire Vehicle Mechanic, 31.8 Fire Inspectors, 1 Hazardous
Materials Coordinator., and A minimum of 24 Paramedics within the ranks of Captain,
Firefighter, and Engineer is authorized. One Paramedic Captain (included as one of the
24 Paramedics) will be assigned per shift. If it becomes necessary for the City to exercise
its management right to change those staffing levels, the City acknowledges its
responsibility to meet and confer with the Union on the impacts of any such changes.
B. Constant Staffing: An ongoing Constant Staffing Program will commence on May 1,
2005. “Constant Staffing” provides for a mandated minimum of fourteen (14)
Firefighters on-duty every day including the Battalion Chief. Nothing in this section
precludes the Fire Chief from hiring additional full time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain the fourteen (14)
per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the Fire
Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining unit
integrity. The City recognizes its obligations to meet and confer on any future impacts of
the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may temporarily act
as Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.in situations that would otherwise require mandatory overtime.
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ARTICLE 4443
SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent:
Utilize years of service seniority in rank as an empowerment tool for the
employees in the ranks of BC, Captain, Engineer, and Firefighter to determine
“bid staffing.”. Thus enhancing their productivity and morale, through their
ability to choose station assignment, program assignment and working
partners. Station assignment longevity has been proven to deliver higher
service levels to the public by enhancing knowledge of first in districts,
institutional knowledge of facilities and target hazards, and improved skills
delivery by crew cohesion resulting through consistent training and emergency
response experiences.
B. Effective DateDefinitions:
Bid Staffing: The station and shift assignment awarded to an individual based
on his/her rank and assignments at the time of the bid.
The bid staffing An open bid process asis defined below will become effective
January 1, 2011. Each member will remain in their selected bid staffing
assignment until they choose to utilize their bid for a vacant position, agree to
a mutual, or are distributed based on department need as described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain
vacancy (due to retirement, promotion, etc.) in any rank,and upon
determination by the Chief to fill the vacancy, the bid spot shall be declared
vacant and available for bid from members of the same rank.
Bid selection will be based on seniority in rankdepartment seniority
using the department’s master seniority list.
Probationary firefighters will not be included in the bid process until
the completion of probation.
Each member will only be allowed to accept one bid per year 180 day
period (once every twelvesix months). Newly promoted employees
will be offered a bid, once the bid is complete based on department
seniority, regardless of the timing of their prior bid in the previous
rank.
After a bid has been closed, any remaining vacancies shall not be filled
for 30 days.
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Bid assignments requiring movement from one shift to another will
begin the first day of the first full F.L.S.A. period following selection.
with the intent to eliminate or minimize overtime due to personnel
movement.
An employee’s voluntary request to move from one shift to another to
fill a vacant bid spot may be granted with less than 15 days’ notice of
the start of the FLSA period.
D. Process:
1. 1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity
for the first and second and third bid selection during each term as
president or vice president. Once that bid has been used, future bids
during the remaining term will be based on seniority in rank.department
seniority.
2. The President of Local 3523 shall have the first selection
3. The Vice President of Local 3523 shall have the second selection.
43. The remainder of the bid selection will follow department seniority with
the most senior member selecting first. The order of selection shall be by rank
in the following order: Captains, Engineers, and then Firefighters
Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will go
out to bid selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation
for a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall
meet and evaluate the request for approval or denial. If the request for the
mutual is accepted those employees involved will have used their one bid for
the year. If the request for mutual exchange is denied, the applicants can
utilize the IRC for review of that decision.
To ensure equity throughout the entire bid process, mutual transfers are
subject to the following additional requirements:
1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12 month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
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member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12 month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer
or Firefighter. Captains may fill into the paramedic pool if there are not
enough Paramedics within the Firefighter/Engineer rank. Each shift will have
one of the three Paramedic Coordinators. Paramedic Coordinators will be a
minimum 2 year commitment and only vacated voluntarily or as determined
by the Fire Chief. The Captain taking the position of Paramedic Coordinator
cannot would not be the primary paramedic on their selected crew except for
extenuating circumstances (e.g. a shortage of paramedics). Each shift will
have paramedics evenly distributed depending on the size of the paramedic
pool (example: pool of 24, 8 medics per shift). No bid staffed crews shall
have three bid-assigned paramedics if any other crew does not already have
two bid-assigned paramedics. Seniority will be used to determine which
personnel are moved to and from crews with paramedic staffing
insufficiencies.
Hazardous Materials Team Members will be evenly distributed to ensure at
least one Hazardous Materials Team Member is assigned to each shift.
Seniority will be used to determine which personnel are moved to and from
shifts with Hazardous Material Team Member staffing insufficiencies.
All corrections to completed bids will take place with the Battalion Chief and
a shop steward to make sure that paramedics, paramedic coordinators, and
hazardous materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy
is occurring. Selection of the individuals who will work out of grade is to
remain consistent with existing policies. Vacancies created by promotion or
retirements are to be filled by the newly promoted individuals once the bid has
been completed.
Administration of the Fire Department recognizes and supports the premise
that placing employees at stations of their preference is typically beneficial.
The Fire Department Administration needs a degree of flexibility to
accomplish the following goal:
1. 1. Allow for mentoring and c
2. Conflict resolution
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Station bid adjustments by Fire Department Administration shall be
accompanied by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period
of six months. At the end of this six-month period, the effected personnel
shall return to their station of choice, unless otherwise articulated in writing
citing. Rreasons for moves for more than six months or for permanent
relocation need to be in writing.
Except in extraordinary circumstances no movement of personnel will be
initiated during the months of November and December.
When movement of personnel is initiated by the Department and is not due to
any fault of the individual(s), the Department will honor all approved time off
requests based on prior commitments by the moved employee.
G. Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at
the lowest possible level with structured collaboration. two fold:
First, is to deal with the larger issue of how the program works. Does the
process work; are we able to meet the goals of the program and the
department?
Second, are both labor and management needs being addressed fairly and
equitably.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from
the employee’s bargaining unit. A fifth member will be chosen by the above
four members. The Fire Chief or the labor President can substitute the
members from management and labor, respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department
Administration, through the Fire Chief, can bring issues to the Committee.
Ideally, tThe IRC will convene within five business days of receipt of an issue
of concern or a question of process. Issues will be decided based on the
information presented to the committee. Issues or questions will be
considered resolved by a vote of 4 out of 5 committee members.
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The IRC will review the overall program as it relates to program and
department goals annually or as needed. Unresolved When appropriate based
on the subject matter, unresolved issues will be addressed at taken to the next
contract negotiations as a negotiable issue.
The IRC will attempt to resolve issues of a personal personnel nature, i.e.
station placement, or an interpretation of the process, as they come up. If the
committee cannot resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off
duty will be compensated (at straight time), hour for hour.
Formatted: Centered
21.b
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ARTICLE 45
DISCIPLINARY PROCEDURE
A. PURPOSE
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is dependent
on a well-disciplined, cohesive organization. The City and Association agree that occasions will
occur when an employee’s performance and/or behavior must be reviewed in order to ensure that
the mission of the department is not adversely impacted. The authority for disciplinary action is
outlined in the City of San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The
Personnel Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. INVESTIGATIONS
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers to
maintain discipline and carry out the directive of the department. Any incident or behavior which
does not conform to City and Fire Department policies/procedures shall be disciplined in the
most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is reasonably
made aware of an incident that may warrant punitive discipline, he/she must first
determine whether an investigation is necessary. Prior to conducting an investigation
of an incident, the Fire Chief or a Chief/Company Officer should consult with the
Human Resources Director, as appropriate. The investigation shall be conducted in a
fair, objective and impartial manner under the rules set forth in the “Weingarten
Rule”.
2. When any employee is under investigation and subjected to questioning by his or her
commanding officer or any other member of the department that could lead to
punitive action, the questioning shall be conducted under the following conditions.
For the purpose of this chapter, punitive action means any action that may lead to
dismissal, demotion, suspension, reduction in salary, permanent written reprimand, or
transfer within the Department for purposes of punishment. Transfer within the
Department for the good of the Department or a notice to correct are excluded from
the definition of punitive.
Section B shall not apply to any questioning of an employee in the normal course of
duty, counseling, instruction, or informal verbal admonishment by, notice to correct,
or other routine or unplanned contact with, a supervisor or any other employee, nor
shall this section apply to an investigation concerned solely and directly with alleged
criminal activities.
Formatted: Indent: First line: 0.5"
Formatted: Indent: First line: 0.5"
21.b
Packet Pg. 404 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
68
a. The questioning shall be conducted at a reasonable hour, preferably at a time
when the employee is on duty or during the normal waking hours for the
employee, unless the seriousness of the investigation requires otherwise. IF
the questioning does occur during off-duty time of the employee being
interrogated, the employee shall be compensated for any off-duty time in
accordance with regular department procedures.
b. An employee under investigation has the right to request the rank, name, and
command of the officer in charge of the questioning, the questioning officer,
and all other persons to be present during the questioning. All questions
directed to the employee under questioning shall be asked by and through no
more than two investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated. The
person under questioning shall be allowed to attend to his or her own personal
physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that an
employee refusing to respond to questions or submit to questionings shall be
informed that failure to answer questions directly related to the investigation
or questioning may result in termination. No promise of reward shall be made
as an inducement to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or news
media without his or her express consent nor shall his or her home address or
photograph be given to the press or news media without his or her express
consent.
e. The complete questioning of an employee under investigation may be
recorded. If the City records the questioning, the employees shall be provided
a copy of the tape upon request. The employee being interrogated shall have
the right to bring his or her own recording device and record the questioning.
If the employee exercises this right, the City shall be provided a copy of the
tape upon request.
f. Employees who have criminal charges pending regarding an incident under
investigation may assert their constitutional rights during the investigation.
Nevertheless, any employee refusing to cooperate in an investigation is
subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative present
during questioning which may reasonably lead to punitive disciplinary action.
A reasonable time to obtain the representative shall be given to the employee.
The representative shall not be a person subject to the same investigation. The
representative shall not be required to disclose, nor be subject to any punitive
action for refusing to disclose, any information received from the employee
under investigation.
21.b
Packet Pg. 405 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
69
h. In accordance with State Law, no employee shall be compelled to submit to a
lie detector test against his or her will. No disciplinary action or other
recrimination shall be taken against an employee refusing to submit to a lie
detector rest, nor shall any comment be entered anywhere in the investigator’s
notes or anywhere else that the employee refused to take, or did not take, a lie
detector test, nor shall any testimony or evidence be admissible at a
subsequent hearing, trial, or proceeding, judicial or administrative, to the
effect that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer, or any
other similar device, whether mechanical or electrical, that is used, or the
results of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
i. No employee shall have his/her assigned locker searched except 1) in his/her
presence, or 2) with his/her consent, or 3) where he/she has been notified that
a search will be conducted and has failed to respond within a reasonable
timeframe, or notwithstanding the above, 4) when a valid search warrant has
been obtained.
C. POST INVESTIGATION/PRE-DISCIPLINE PROCEDURE
1. Upon the conclusion of an investigation, those conducting the investigation shall forward
the complete investigation to the Fire Chief who in consultation with the Human Resource
Director shall determine the level of discipline that is most appropriate. The following
constitutes the levels of progressive discipline:
Non-punitive Corrective Action
(a) Oral counseling;
(b) Oral reprimand with written documentation;
(c) Notice to Correct – 1 year in file;
(d) Transfer (within the Department) for the good of the Department (i.e. safety,
cohesion).
Punitive Discipline
(e) Official Reprimand – permanent;
(f) Suspension/Reduction in compensation;
(g) Transfer (within the Department) for purposes of punishment;
(h) Demotion;
(i) Termination.
Note: Deviations from progressive discipline may occur whenever the circumstances warrant
that one or more steps in the progressive disciplinary process be skipped. For example,
suspension or termination may occur as the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel Rules and
Regulations
3. Corrective action is final.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.19" +
Indent at: 0.44"
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.19" +
Indent at: 0.44"
21.b
Packet Pg. 406 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
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D. POST-DISCIPLINE APPEAL RIGHTS
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and 2.36.350 of
the Personnel Rules and Regulations except, however, for employees represented by SLOFA,
Local 3523, Section 2.36.340, C shall be modified to provide that appeals of disciplinary
suspensions of two days or less shall have at the employee’s request the right of appeal to either
the City Manager or to the Personnel Board, provided the appeal to the Personnel Board is
supported in advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section 2.36.340 B. Appeals
to the Personnel Board will be heard in accordance with Personnel Rules and Regulations
Section 2.36.350 – Disciplinary action – Hearings.
Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the threshold
for suspensions to the City Manager or to alter the appeal process applicable to members of
SLOPOA, the same provisions will be extended to SLOFA, Local 3523.
E. PERSONNEL FILE
The employee must be given the opportunity to review and sign any document adverse to his/her
interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee, during usual
business hours and with 24-hour notice, with no loss of compensation to the employee, permit
that employee to inspect their personnel files that are used to have been used to determine that
employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that any portion of
the material is inappropriately or mistakenly placed in the file, the employee may request, in
writing to the Human Resource Director, that the inaccurate or inappropriate portion be corrected
or deleted. Any request made pursuant to this subdivision shall include a statement by the
employee describing the corrections or deletions from the personnel file requested and the
reasons supporting those corrections or deletions. At the employee’s request, the Human
Resources Director shall hold an informal hearing to determine the final dispos ition of any
documents in dispute pursuant to this section. At the hearing, the employee and City appointing
authority may present evidence and argument in support of their respective positions. The
Human Resource Director’s decision as to the disposition of the request is final with no further
administrative appeal.
21.b
Packet Pg. 407 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
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ARTICLE 4644
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Union. This Agreement supersedes all previous Memoranda of
Understanding or Memoranda of Agreement between the City and the Union except as
specifically referred to in this Agreement. During the life of this Memorandum of Agreement,
should either party desire to modify its terms or to meet and confer with respect to matters within
the scope of representation, such party shall request in writing to meet and confer on such
item(s), which item(s) shall be specified in writing. During the life of this Memorandum of
Agreement, either party may refuse such a request without explanation, and no unilateral action
may be taken on the matter within the scope of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not within the
scope of representation, but impacts matters within the scope of representation, it shall provide
notice to the Union and afford the opportunity to meet and confer on the impact of its
decision(s). If a conflict arises between the MOA and General Operations or any other policy
and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service function, it
will give notice to the Union and meet and confer on any aspects of the proposal which fall
within the scope of representation.
21.b
Packet Pg. 408 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
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ARTICLE 4745
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within thirty (30) day work period. If no Agreement
has been reached, the parties agree to invoke the provision of impasse under City Resolution
6620.
21.b
Packet Pg. 409 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
73
ARTICLE 4846
RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes to this
agreement, that party shall serve upon the other its written request to negotiate as well as its
initial proposals for an amended Agreement. Such notice and proposals must be submitted to the
other party by September 1, 2017August 15, 2015. If notice is properly and timely given,
negotiations shall commence no later than October 1, 2017September 15, 2015.
21.b
Packet Pg. 410 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
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ARTICLE 4947
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (address: 2160 Santa
Barbara Avenue, San Luis Obispo, California 93401; telephone: (805) 550-5020).
B. Management's principal authorized agent shall be the Human Resources Director or
his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo,
California 93401; telephone: (805) 781-7250).
21.b
Packet Pg. 411 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
75
ARTICLE 5048
TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 20162012 and continue in full force and
effect until expiration at midnight, December 31, 20172015.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
2. This Agreement does not apply to Temporary Employees or Part-time employees. This
Agreement was executed on October 18, 2016March 6, 2012, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_______________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Tony SpitaleriStuart Adams, Chief
Negotiator
_______________________________ _________________________________
Monica Irons, Human Resources Director Mike KingErik Baskin, Local 3523
RepresntativePresident
21.b
Packet Pg. 412 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
76
APPENDIX A
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer/Inspector 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
21.b
Packet Pg. 413 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
77
APPENDIX B
WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal Labor
Standards Act (FLSA) to this work schedule.
For purposes of illustration only, the shift schedule pattern for employees working a fifty-six
(56) hour work week consists of eight (8) twenty-four (24) hour on-duty periods within a twenty-
four (24) day cycle which is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE:
XXOOOOXXOOOOXXOOOOXXOOOOXOXOXOXOOOOXOXOXOXOOOOOO
21.b
Packet Pg. 414 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
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APPENDIX C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off-the-job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member of the
"employee's immediate family," meaning spouse, registered domestic partner,
child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
or any other relative living in the same household, provided such leave as defined
in this subsection shall not exceed five working days (40 hours for non-shift
personnel, 56 hours for shift personnel) from each incident. The employee may
be required to submit proof of relative's death before being granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a provision for
"family leave" may use sick leave not to exceed three days (24 hours for non-shift
personnel, 33.6 hours for shift personnel) per year if required to be away from
his/her job to personally care for a member of the employee's immediate family as
defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line-item position shall accrue sick leave with pay at the rate
of twelve days (96 hours) or the shift equivalent (134.4 hours) per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which it
was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of sick
leave in their departments.
21.b
Packet Pg. 415 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
79
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of five
consecutive working days by personnel in his/her department. Such proof may be
required for periods of less than five consecutive working days where there exists
indication of abuse.
6. Any employee who is absent because of sickness or other physical disability shall
notify his/her immediate supervisor or department head as soon as possible but in
any event during the first day of absence. Any employee who fails to comply
with this provision without having a valid reason will be placed on leave of
absence without pay during the unexcused absence and be subject to disciplinary
action in accordance with procedures established by this chapter.
7. Any employee absent for an extended illness or other physical disability may be
required by the Human Resources director to have an examination by the city's
medical examiner at city expense prior to reinstatement to the city service.
8. An appointing authority, subject to approval of the Human Resources director,
may require any employee to be medically examined where reasonable ca use
exists to believe that an employee has a medical condition which impairs his/her
job effectiveness or may endanger the health, safety or welfare of the employee,
other employees or the public. Employees who are judged to be physically
incapable of meeting normal requirements of their positions may be placed in a
classification of work for which they are suitable when a vacancy exists, or may
be separated for physical disability.
9. In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a status of
leave of absence without pay and be subject to the provisions of Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give any
employee the right to be retained in the services of the city, or any right of claim
to sickness disability benefits after separation from the service of the city. When
an employee receives compensation under the Worker's Compensation Act of
California, such compensation received shall be considered part of the salary to be
paid to the employee eligible for such payments as required by state law. The
amount paid by the city shall be the difference between the amount received by
the employee from the city's compensation insurance coverage and the eligible
employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall be entitled
to receive any payment or other compensation from the city while absent from
duty by reason of injuries or disability received as a result of engaging in
employment other than employment by the city for monetary gain or other
21.b
Packet Pg. 416 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
80
compensation, or by reason of engaging in business or activity for monetary or
other compensation other than business or activity connected with his/her city
employment.
12. A public safety employee shall not receive sick leave payments while receiving
Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
21.b
Packet Pg. 417 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
81
SIDE LETTERS
The documents following this section are all Side Letters of Agreement between
the International Association of Firefighters, Local 3523, and City of San Luis
Obispo. They should not be construed to be part of the Memorandum of
Agreement and are not subject to the terms of Article 38, Full Agreement. Any
dispute over interpretation or application of the side letters shall be referable to
the grievance and arbitration procedures of the MOA.
Formatted: Indent: Left: 0.25", Right: 0.25"
21.b
Packet Pg. 418 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
Salary Range Listing - January 1, 2016 - December 31, 2017
JULY 2016
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,009.00$ 4,220.00$ 4,442.00$ 4,676.00$ 4,922.00$ 5,181.00$
FIRE CAPTAIN 6010 621 FFA 3,128.00$ 3,293.00$ 3,466.00$ 3,648.00$ 3,840.00$ x
FIRE ENGINEER 6020 615 FFA 2,677.00$ 2,818.00$ 2,966.00$ 3,122.00$ 3,286.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,250.00$ 2,368.00$ 2,493.00$ 2,624.00$ 2,762.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,496.00$ 2,627.00$ 2,765.00$ 2,910.00$ 3,063.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,697.00$ 2,839.00$ 2,988.00$ 3,145.00$ 3,310.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,743.00$ 2,887.00$ 3,039.00$ 3,199.00$ 3,367.00$ x
FIREFIGHTER 6040 612 FFA 2,224.00$ 2,471.00$ 2,601.00$ 2,738.00$ 2,882.00$ 3,034.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,224.00$ 3,394.00$ 3,573.00$ 3,761.00$ 3,959.00$ x
UPON COUNCIL ADOPTION
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,090.00$ 4,305.00$ 4,532.00$ 4,770.00$ 5,021.00$ 5,285.00$
FIRE CAPTAIN 6010 621 FFA 3,190.00$ 3,358.00$ 3,535.00$ 3,721.00$ 3,917.00$ x
FIRE ENGINEER 6020 615 FFA 2,730.00$ 2,874.00$ 3,025.00$ 3,184.00$ 3,352.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,294.00$ 2,415.00$ 2,542.00$ 2,676.00$ 2,817.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,545.00$ 2,679.00$ 2,820.00$ 2,968.00$ 3,124.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,750.00$ 2,895.00$ 3,047.00$ 3,207.00$ 3,376.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,797.00$ 2,944.00$ 3,099.00$ 3,262.00$ 3,434.00$ x
FIREFIGHTER 6040 612 FFA 2,268.00$ 2,520.00$ 2,653.00$ 2,793.00$ 2,940.00$ 3,095.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,289.00$ 3,462.00$ 3,644.00$ 3,836.00$ 4,038.00$ x
JANUARY 2017
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,171.00$ 4,391.00$ 4,622.00$ 4,865.00$ 5,121.00$ 5,391.00$
FIRE CAPTAIN 6010 621 FFA 3,254.00$ 3,425.00$ 3,605.00$ 3,795.00$ 3,995.00$ x
FIRE ENGINEER 6020 615 FFA 2,785.00$ 2,932.00$ 3,086.00$ 3,248.00$ 3,419.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,340.00$ 2,463.00$ 2,593.00$ 2,729.00$ 2,873.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,595.00$ 2,732.00$ 2,876.00$ 3,027.00$ 3,186.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,805.00$ 2,953.00$ 3,108.00$ 3,272.00$ 3,444.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,854.00$ 3,004.00$ 3,162.00$ 3,328.00$ 3,503.00$ x
FIREFIGHTER 6040 612 FFA 2,315.00$ 2,572.00$ 2,707.00$ 2,849.00$ 2,999.00$ 3,157.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,354.00$ 3,531.00$ 3,717.00$ 3,913.00$ 4,119.00$ x
JULY 2017
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,255.00$ 4,479.00$ 4,715.00$ 4,963.00$ 5,224.00$ 5,499.00$
FIRE CAPTAIN 6010 621 FFA 3,318.00$ 3,493.00$ 3,677.00$ 3,871.00$ 4,075.00$ x
FIRE ENGINEER 6020 615 FFA 2,841.00$ 2,990.00$ 3,147.00$ 3,313.00$ 3,487.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,387.00$ 2,513.00$ 2,645.00$ 2,784.00$ 2,930.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,648.00$ 2,787.00$ 2,934.00$ 3,088.00$ 3,250.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,861.00$ 3,012.00$ 3,170.00$ 3,337.00$ 3,513.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,910.00$ 3,063.00$ 3,224.00$ 3,394.00$ 3,573.00$ x
FIREFIGHTER 6040 612 FFA 2,361.00$ 2,623.00$ 2,761.00$ 2,906.00$ 3,059.00$ 3,220.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,421.00$ 3,601.00$ 3,791.00$ 3,991.00$ 4,201.00$ x
Summary of Changes: 3% Market Equity Adjustment
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% Market Equity Adjustment
21.b
Packet Pg. 419 Attachment: b - Exhibit A Fire MOU 2016 to 2017 (1477 : Fire MOA)
RESOLUTION NO . 10248 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S
COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e
community at all times, and supports this standard by promoting organizational values includin g
customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d
WHEREAS,to achieve our service standards, the City must attract and retain wel l
qualified employees who exemplify our organizational values ; an d
WHEREAS,fostering an environment attractive to such employees depends upon man y
factors, including a competitive compensation program .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City's compensation philosophy is adopted as follows :
SECTION 1 .The City is committed to providing competitive compensation as part o f
an overall strategy of attracting and retaining well qualified employees who exemplify ou r
organizational values .
SECTION 2 . The City will consider total compensation, including but not limited to ,
salary, health, retirement, and time off benefits .
SECTION 3 .In evaluating competitive compensation, the City considers :
A.Financial sustainability including the City's financial condition as reflecte d
throughout the financial forecast, competing service priorities, maintenance needs, capita l
improvement and other asset requirements, fund reserve levels, and revenue projections prior t o
implementing changes in compensation .
B.Community acceptability since taxpayers and ratepayers ultimately fund al l
employee compensation .
C.The "relevant labor market"that may vary depending upon classification and i s
primarily defined by the geographic region (local, state-wide, or national) and key market s
(municipal, other government agencies, private sector) where labor talent is found, recruite d
from, and/or lost.
When the relevant labor market is defined as "local"; local private sector compensation data wil l
be considered along with local public sector compensation (municipal and other governmen t
agencies . When the relevant labor market is statewide or national, the City will conside r
compensation date for public sector agencies (municipal and other government) with severa l
R 10248
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Packet Pg. 420 Attachment: c - Compensation Philosophy (1477 : Fire MOA)
Resolution No . 10248 (2011 Series )
Page 2
comparable demographic data points including but not limited to population, median home price ,
median household income, median age, median education level, services provided, an d
unemployment rate . Quality of life should also be considered when selecting comparable
municipal and other government agencies .
D."Internal relationships"referring to the relative value of classifications to on e
another as determined by the City . Classifications performing comparable duties, wit h
comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment ,
will be valued similarly in the City's compensation structures .
E.Other relevant factors may include unforeseen economic changes, natura l
disasters, states of emergency, changes in City services, and changes in regulatory or lega l
requirements .
SECTION 4 .At least every five years, the City will evaluate its compensation structure ,
programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e
Law . Adjustments to the compensation structure may be made as a result of this periodi c
evaluation and will be done through the collective bargaining process, if applicable, or othe r
appropriate Council-management processes .
Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted on March 15, 2011 .
ATTEST :
Elaina Cano
City Clerk
APPROVED AS TO FORM :
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Packet Pg. 421 Attachment: c - Compensation Philosophy (1477 : Fire MOA)
21.d
Packet Pg. 422 Attachment: d - Fiscal Responsibility Philosophy (1477 : Fire MOA)
21.d
Packet Pg. 423 Attachment: d - Fiscal Responsibility Philosophy (1477 : Fire MOA)
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