HomeMy WebLinkAbout11-07-2017 Agenda Packet
Tuesday, November 7, 2017
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Carlyn Christianson, Aaron Gomez, Andy
Pease, Vice Mayor Dan Rivoire and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Vice Mayor Dan Rivoire
APPOINTMENTS
1. APPOINTMENTS TO VARIOUS CITY ADVISORY BODIES (HERMANN /
GALLAGHER / GOODWIN – 5 MINUTES)
Recommendation:
In accordance with the recommendations of the Council Subcommittees:
1. Confirm the appointment of Alex Karlin to the Administrative Review Board to
complete an unexpired term through March 31, 2018; and
2. Confirm the appointment of Micah Smith to the Architectural Review Commission to
complete an unexpired term through March 31, 2018; and
3. Confirm the appointment of Jeannette McClure to the Citizens’ Revenue Enhancement
Oversight Commission to complete an unexpired term through June 30, 2020; and
4. Confirm the appointment of Samuel Hughes to the Human Relations Commission to
complete an unexpired term through March 31, 2019; and
5. Confirm the appointment of Torina Wilson to the Mass Transportation Committee, as
the ASI student representative, to complete an unexpired term through March 31, 2019;
and
6. Confirm the appointment of Calvin Stevens to the Personnel Board to complete an
unexpired term through March 31, 2021.
Packet Pg 1
San Luis Obispo City Council Agenda November 7, 2017 Page 2
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (gov. Code sec. 54954.2). Staff may be asked to
follow up on such items
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. 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.
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(GALLAGHER)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
3. CONSIDERATION OF THE HUMAN RELATION COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2018 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA) PROGRAMS (CODRON /
VERESCHAGIN)
Recommendation:
1. Approve Community Development Block Grant and Grants-In-Aid funding priorities for
2018, as recommended by the Human Relations Commission; and
2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Section 15306
Categorical Exemption of the CEQA Guidelines that developing priorities for funding
will not have a significant effect on the environment and is exempt from environmental
review.
Packet Pg 2
San Luis Obispo City Council Agenda November 7, 2017 Page 3
4. STRATEGY TO UPDATE THE PARKS AND RECREATION GENERAL PLAN
ELEMENT AND MASTER PLAN, AND REQUEST FOR PROPOSALS FOR
CONSULTANT SERVICES (STANWYCK / CODRON/ GERSHOW)
Recommendation:
1. As recommended by the Parks and Recreation Commission, approve the Project Plan for
the update of the Parks and Recreation General Plan Element and Master Plan; and
2. Approve the Request for Proposals for consultant services associated with updating the
Parks and Recreation General Plan Element and Master Plan, Specification No. 91635,
and authorize staff to advertise for proposals; and
3. Authorize the City Manager to execute the agreement with the selected consultant if
costs are within the approved budget.
5. FY 2017-18 APPLICATION FOR DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL AND THE OFFICE OF TRAFFIC SAFETY LOCAL ENFORCEMENT
GRANT (CANTRELL / ELLSWORTH)
Recommendation:
1. Authorize the Police Department to accept a grant award from the Department of Alcoholic
Beverage Control and the Office of Traffic Safety for FY 2017-18 not to exceed $16,000;
and
2. Authorize the Chief of Police to execute all grant related documents and authorize the
Finance Director to make the necessary budget adjustments upon the award of the grant.
6. VEHICLE & EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION
OF SALE (GRIGSBY / BOCHUM / SHUCK / MATTINGLY / HIX)
Recommendation:
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.
Packet Pg 3
San Luis Obispo City Council Agenda November 7, 2017 Page 4
7. ORDINANCE ADOPTION - BEVERAGE STRAWS UPON REQUEST (HERMANN /
CARLONI)
Recommendation:
Adopt Ordinance 1640 (2017 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California, adding Chapter 8.09 to the San Luis Obispo Municipal Code
regulating single-use beverage straws.”
8. ORDINANCE ADOPTION - REGULATING THE SALE AND DISTRIBUTION OF
SINGLE-USE PLASTIC BOTTLES AND ESTABLISHING REGULATIONS TO
INCREASE AVAILABILITY OF WATER BOTTLE FILLING STATIONS
(HERMANN / CARLONI)
Recommendation:
Adopt Ordinance 1641 (2017 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California, adding Chapter 8.07 to the San Luis Obispo Municipal Code
regulating single-use plastic beverage bottles on City property less than 21 ounces in size.”
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR THE TOURISM
BUSINESS IMPROVEMENT DISTRICT (HERMANN / CANO – 10 MINUTES)
Recommendation:
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the citywide Tourism Business Improvement District; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a Resolution entitled “A Resolution of the
City Council of the City of San Luis Obispo, California, declaring the basis for and the
levy of the assessment for the San Luis Obispo Tourism Business Improvement District,
and affirming the establishment of the district” for fiscal year 2017-18.
Packet Pg 4
San Luis Obispo City Council Agenda November 7, 2017 Page 5
10. PUBLIC HEARING - IMPLEMENTING ACTIONS FOR THE AVILA RANCH
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (HERMANN / L. JOHNSON – 30
MINUTES)
Recommendation:
Advance the formation of the Avila Ranch Community Facilities District (CFD) by taking
the following actions:
1. Approve the Avila Ranch Resolution entitled “A Resolution of the City Council of the
City of San Luis Obispo, California, in its capacity as legislative bod y of the Avila
Ranch Community Facilities District No. 2017-1, certifying the results of the October
26, 2017 Special Election of the district, establishing an appropriations limit for the
district, and making findings pursuant to Section 53328 and 53328.3 of the California
Government Code”; and
2. Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, as legislative body of Avila Ranch Community Facilities
District No. 2017-1, levying a special tax against nonexempt real property within the
district to finance certain facilities, services and incidental expenses.”
11. SETTING THE STAGE – PROCESS FOR DEVELOPING A FISCAL HEALTH
RESPONSE PLAN (STANWYCK – 60 MINUTES)
Recommendation:
Consistent with the City’s 2017-19 Fiscal Sustainability and Responsibility Major City
Goal, receive and file a report on the process to develop a Fiscal Health Response Plan.
12. APPOINTMENTS TO THE 2018 COUNCIL COMPENSATION COMMITTEE
(HERMANN / GALLAGHER – 20 MINUTES)
Recommendation:
Make appointments to the Council Compensation Committee, effective immediately and
sunsetting upon presentation of its recommendations to the City Council, and direct them to:
1. Review the full Council compensation package and make recommendations to the City
Council no later than May 1, 2018, and
2. Review compensation for Planning Commission and Architectural Review Commission
members in conjunction with its review of Council compensation.
Packet Pg 5
San Luis Obispo City Council Agenda November 7, 2017 Page 6
COUNCIL LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
At this time, any Council Member or the City Manager may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to
Council Policies and Procedures, they may provide a reference to staff or other resources for
factual information, request staff to report back to the Council at a subsequent meeting
concerning any matter, or take action to direct staff to place a matter of business on a future
agenda. (Gov. Code Sec. 54954.2).
ADJOURNMENT
Adjourn to the next Regular City Council Meeting is scheduled for Tuesday, November 21, 2017
at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, 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.
Packet Pg 6
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Carrie Gallagher, City Clerk
Heather Goodwin, Deputy City Clerk
SUBJECT: APPOINTMENTS TO VARIOUS CITY ADVISORY BODIES
RECOMMENDATION
In accordance with the recommendations of the Council Subcommittees:
1. Confirm the appointment of Alex Karlin to the Administrative Review Board to complete an
unexpired term through March 31, 2018; and
2. Confirm the appointment of Micah Smith to the Architectural Review Commission to
complete an unexpired term through March 31, 2018; and
3. Confirm the appointment of Jeannette McClure to the Citizens’ Revenue Enhancement
Oversight Commission to complete an unexpired term through June 30, 2020; and
4. Confirm the appointment of Samuel Hughes to the Human Relations Commission to
complete an unexpired term through March 31, 2019; and
5. Confirm the appointment of Torina Wilson to the Mass Transportation Committee, as the
ASI student representative, to complete an unexpired term through March 31, 2019; and
6. Confirm the appointment of Calvin Stevens to the Personnel Board to complete an unexpired
term through March 31, 2021.
DISCUSSION
Administrative Review Board (ARB) (Council Liaison Subcommittee Members Gomez and
Christianson)
Due to the resignation of Matthew LaFon, effective July 12, 2017, an unscheduled vacancy
occurred on the Administrative Review Board. Mr. LaFon’s term would have expired on March
31, 2018.
The Council Liaison Subcommittee recommends the appointment of Alex Karlin, effective
November 7, 2017, to a term expiring March 31, 2018.
Packet Pg 7
1
Architectural Review Commission (ARC) (Council Liaison Subcommittee Members
Christianson and Pease)
Due to the resignation of Greg Starzyk, effective June 27, 2017, an unscheduled vacancy
occurred on the Architectural Review Commission. Mr. Starzyk’s term would have expired on
March 31, 2018.
The Council Liaison Subcommittee recommends the appointment of Micah Smith, effective
November 7, 2017, to a term expiring March 31, 2018.
Citizens’ Revenue Enhancement Oversight Commission (REOC) (Council Liaison
Subcommittee Members Pease and Christianson)
During annual recruitment in March 2017, one position remained unfilled with a term to expire
June 30, 2020.
The Council Liaison Subcommittee recommends the appointment of Jeannette McClure,
effective November 7, 2017, to a term expiring June 30, 2020.
Human Relations Commission (HRC) (Council Liaison Subcommittee Members Harmon
and Rivoire)
During annual recruitment in March 2017, one position remained unfilled with a term to expire
March 31, 2019.
The Council Liaison Subcommittee recommends the appointment of Samuel Hughes, effective
November 7, 2017, to a term expiring March 31, 2019.
Mass Transportation Committee (MTC) (Council Liaison Subcommittee Members Pease
and Gomez)
Due to the resignation of Justin Frentzel, effective July 17, 2017, an unscheduled vacancy
occurred on the Mass Transportation Committee. Mr. Frentzel served as the ASI student
representative and his term would have expired on March 31, 2019.
The Council Liaison Subcommittee recommends the appointment of Torina Wilson (as the ASI
student representative), effective November 7, 2017, to a term expiring March 31, 2019.
Personnel Board (PB) (Council Liaison Subcommittee Members Harmon and Gomez)
During annual recruitment in March 2017, one position remained unfilled with a term to expire
March 31, 2021.
The Council Liaison Subcommittee recommends the appointment of Calvin Stevens, effective
November 7, 2017, to a term expiring March 31, 2021.
Packet Pg 8
1
RECRUITMENT
The following Bodies have vacancies and interested individuals are encouraged to apply:
1. Area Agency on Aging (1)
2. Construction Board of Appeals (1 member at large) and (1 representative with disability)
3. Promotional Coordinating Committee (1)
CONCURRENCES
The Council Liaison Subcommittee concurs with the recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended actions in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15378.
FISCAL IMPACT
There is no additional fiscal impact for the addition of ARB, REOC, HRC, MTC, and PB
members. The City Council has approved a stipend of $60 per meeting (not to exceed $240
monthly) for each member of the ARC (Resolution No. 10516 (2014 Series) and is in the
adopted budget for Community Development.
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
A hard copy of the Advisory Body applications has been provided to the City Council and are
available for public review in the Clerk’s office.
Packet Pg 9
1
Page intentionally left
blank.
Packet Pg 10
1
Meeting Date: 11/7/2017
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Planning Technician
SUBJECT: CONSIDERATION OF THE HUMAN RELATION COMMISSION’S
RECOMMENDED PRIORITIES FOR THE 2018 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND GRANTS-IN-AID (GIA)
PROGRAMS
RECOMMENDATION
1. Approve Community Development Block Grant and Grants-In-Aid funding priorities for
2018, as recommended by the Human Relations Commission; and
2. Make a determination pursuant to Section 15061 (b)(3) General Rule and Sectio n 15306
Categorical Exemption of the CEQA Guidelines that developing priorities for funding will
not have a significant effect on the environment and is exempt from environmental review.
DISCUSSION
Background
Community Development Block Grant (CDBG)
Section 805 of the City’s Charter specifically authorizes City funds to be budgeted for various
grants and subsidies to economic, promotional, environmental, cultural, or other agencies whose
operations are unrelated to those of the City but who contribute largely to the quality of life of
the City. 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 application
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 October 4, 2017).
Attachment A contains the draft minutes from this hearing.
2. Council priority-setting: Council sets CDBG and GIA funding priorities. This is
scheduled for November 7, 2017.
3. CDBG applications 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 Program Year 2018. This is scheduled for December 6, 2017.
4. CDBG Program hearing: After the County releases the Draft Action Plan, the City
Council holds a public hearing to approve the City’s 2018 CDBG Program and forwards
its recommendation to the Urban County for inclusion in the final One-Year Action Plan.
Packet Pg 11
3
This is tentatively scheduled for March 2018.
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 are similar to the CDBG process and include:
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 October 4, 2017,
minutes can be found in Attachment A).
2. Council priority-setting: Council sets CDBG and GIA funding priorities. This is scheduled
for November 7, 2017.
3. GIA recommendations hearing: HRC holds a public hearing to finalize GIA
recommendations. This is scheduled for April 4, 2018. These recommendations are then
forwarded to Council.
4. GIA Program hearing: City Council holds a public hearing to approve the City’s 2018
GIA Program. This is tentatively scheduled for July 2018.
Community Needs Workshop
On October 4, 2017, 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 9 speakers addressed a wide variety of community needs. Testimony provided to
the Commission and staff indicated that there is an increase in demand for services including:
affordable and alternative housing, homeless prevention and services, mental health services and
housing for previously incarcerated individuals, nutrition for seniors, and economic development
opportunities for women. Few representatives also discussed the reduction of funding at the
federal, state and local level. The increase in demand, along with a decrease in other agency
grant funding has strained providers’ ability to deliver core 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. Six statements were received, which focused the need for affordable and diverse types
of housing, transportation and employment opportunities for people with autism spectrum
disorders, reducing homelessness, and mental health services. These comments were also used to
assist the HRC review the grant funding priorities.
HRC Recommended CDBG Funding Priorities for Program Year 2018
After hearing and reviewing public testimony, the Commission reviewed the previous 2017
CDBG funding priorities and decided to make very minor adjustments to the previous priori ties.
The HRC’s recommended 2018 CDBG 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.
Packet Pg 12
3
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
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 for 2018
The HRC then reviewed the previous 2017 GIA funding priorities and decided to make homeless
prevention, including affordable and alternative housing, supportive services and transitional
housing, be the main funding priority for this grant year. However, in continuance to allow
maximum flexibility for funding recommendations dependent upon the received applications, the
following priorities were not ranked, but were agreed to be priorities:
• 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
The next step in the CDBG and GIA program cycles is for the Council to consider the HRC’s
recommendations and to affirm or revise the City’s funding priorities. This step is important
because these priorities will guide the HRC’s actions when it reviews grant applications. These
priorities will also guide Council’s final funding decisions when it considers CDBG funding
recommendations in March 2018, and GIA funding recommendations in July 2018.
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 reviewed for CEQA compliance 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.
Packet Pg 13
3
FISCAL IMPACT
Decisions made regarding priorities will affect how CDBG and GIA applications are evaluated
and chosen for support. The City receives CDBG funds through the County allotment and, 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 express ed by
the Council will influence how those grants will be awarded. Establishing priorities has no
immediate fiscal impact but can be helpful in allocating the CDBG and GIA funding regardless
of the amount.
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 a request for 2018 CDBG
funds ends on October 20, 2017, and applicants to the program benefit from knowing the
City’s funding priorities in advance.
Attachments:
a - 10-4-17 HRC Draft Minutes
Packet Pg 14
3
Draft Minutes
Human Relations Commission
Wednesday, October 4, 2017
Regular Meeting of the Human Relations Commission
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on
Wednesday, October 4, 2017 at 5:00 p.m. in the Council Chambers located at 990 Palm Street, San
Luis Obispo, California, by Chair Clayton
ROLL CALL
Present: Commissioners Michelle Tasseff, Brett Raffish, Barrie DuBois, Vice-
Chair Nancy Welts, and Chair Robert Clayton
Absent: Commissioner Carol Sexton
Staff: Jenny Wiseman, Acting Housing Programs Manager; Cara Vereschagin,
Planning Technician
CONSIDERATION OF MINUTES
ACTION: MOTION BY VICE-CHAIR WELTS, SECOND BY COMMISSIONER
DUBOIS CARRIED 5-0 to approve the minutes of the Adjourned Special Meeting of
January 24, 2017 as amended:
…A Special Meeting of the San Luis Obispo Human Relations Commission was called to
order on Tuesday, January 24, 2017 at 5:00 p.m. in the Council Chamber, located at 990
Palm Street, San Luis Obispo, California, by Chair Tasseff…
To Read
… A Special Meeting of the San Luis Obispo Human Relations Commission was called to
order on Tuesday, January 24, 2017 at 5:00 p.m. in the Council Chamber, located at 990
Palm Street, San Luis Obispo, California, by Vice-Chair Clayton...
PUBLIC COMMENT
None
PUBLIC HEARINGS
Packet Pg 15
3
City of San Luis Obispo, Title, Subtitle
Draft Minutes
Human Relations Commission Meeting of October 4, 2017
Page 2
1. 2017 Community Needs Workshop
Acting Housing Programs Manager Jenny Wiseman presented an overview of the
Grants-in-Aid and Community Block Grant processes and timelines, highlighting key
dates for the applicants.
In response to Commission inquiry, staff clarified that the Community Needs
Workshop is intended to gather information from the public regarding health and
human service needs in order to develop funding priorities for the 2018-19 grant cycle.
Public Comments:
Chair Clayton 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, economic development opportunities for women, mental health
services for previously incarcerated individuals, and affordable housing, as primary
needs in the community:
Dan Dow, District Attorney
Sr. Theresa Harpin, Restorative Partners
Darya Oreizi, People’s Self-Help Housing
Alexandra Steinecke, MCSC Women’s Business Center
Chuck Jehle, MCSC Women’s Business Center
Juliane McAdam, Senior Nutrition Program
Donna Fioravanti, Community Action Partnership of San Luis Obispo County
Frank Ricceri, Transitions Mental Health Association
Marcia Alter, HomeShareSLO
Chair Clayton closed the public hearing.
2. Establish 2018 CDBG and 2018-19 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 ranking of funding priorities.
ACTION: MOTION BY COMMISSIONER DUBOIS, SECOND BY
COMMISSIONER RAFFISH, CARRIED, (ABSENT COMMISSIONER SEXTON) 3-2
to approve that homeless prevention, including affordable and alternative housing,
supportive services, and transitional housing, will be the main funding priority, and the
remaining priorities to be unranked for the 2018-2019 grant year.
Packet Pg 16
3
City of San Luis Obispo, Title, Subtitle
Draft Minutes
Human Relations Commission Meeting of October 4, 2017
Page 3
ACTION: MOTION BY COMMISSIONER RAFFISH, SECOND BY
COMMISSIONER DUBOIS, CARRIED, (ABSENT COMMISSIONER S EXTON) 5-0
to approve the 2018 CDBG and 2018-19 GIA Funding Priorities unchanged from the
2017-2018 funding year.
COMMENTS & DISCUSSION
3. Advisory Body Handbook
Acting Housing Programs Manager Jenny Wiseman introduced the Advisory Body
Handbook to the Commission. Clarification was provided on Appendix A. Mission
Statement by Wiseman.
Commissioner Communications
Staff introduced new Long-Range Planning Technician Cara Vereschagin.
Staff informed Commission of a public meet regarding the City Fiscal Health Response
Plan taking place on October 5th, at 6:00pm at the Ludwick Center.
Vice-Chair Welts informed the Commission that October is Breast Cancer Awareness
Month.
Commissioner Tasseff informed the Commission that the last of the Peace Talks
regarding mental health will be held on Thursday, October 19th at 5:30pm at the
Copeland Health Education Pavilion.
Commissioner Tasseff informed the Commission that the walk to fight suicide would be
happening on Saturday, October 14th out of Mission Plaza.
Commissioner Raffish informed the Commission that Cal Poly will be hosting their first
recognizing Indigenous Peoples Day on Monday, October 9th on campus.
Chair Clayton reminded the Commission how influential the work and collaborative
effort between Restorative Partners and the County District Attorney’s Office was
impacting the community.
Staff informed Commission about the concluding of the County Point-in-Time Count
Homeless Census and Survey, which could serve as a valuable resource to the
Commission.
Staff informed Commission that they would reach out to County Staff for a future
presentations regarding processes for homeless services.
Packet Pg 17
3
City of San Luis Obispo, Title, Subtitle
Draft Minutes
Human Relations Commission Meeting of October 4, 2017
Page 4
ADJOURNMENT
Chair Clayton adjourned the meeting at 6:33 p.m.
Respectfully Submitted,
Cara Vereschagin
Planning Technician; Recording Secretary
Packet Pg 18
3
Meeting Date: 11/7/2017
FROM: Shelly Stanwyck, Parks and Recreation Director
Prepared By: Rebecca Gershow, Associate Planner, Long Range Planning
SUBJECT: STRATEGY TO UPDATE THE PARKS AND RECREATION GENERAL
PLAN ELEMENT AND MASTER PLAN, AND REQUEST FOR PROPOSALS
FOR CONSULTANT SERVICES
RECOMMENDATION
1. As recommended by the Parks and Recreation Commission, approve the Project Plan for the
update of the Parks and Recreation General Plan Element and Master Plan;
2. Approve the Request for Proposals for consultant services associated with updating the Parks
and Recreation General Plan Element and Master Plan, Specification No. 91635, and
authorize staff to advertise for proposals; and
3. Authorize the City Manager to execute the agreement with the selected consultant if costs are
within the approved budget.
DISCUSSION
Purpose
The purpose of the update of the City’s Parks and Recreation General Plan Element (Element)
and Master Plan (Master Plan) is to address current and future needs for the City of San Luis
Obispo’s parks, recreation facilities, programs and services consistent with the objectives
outlined in the adopted 2017-2019 financial plan. The program of work will include a
Community Needs Assessment, illustrative maps, and a prioritized action plan to ensure the
most effective use of future community resources. The public will be engaged in a positive and
creative way so that the results are representative of community values, desires, and needs.
Background
The development of a Parks and Recreation General Plan Eleme nt and Master Plan has been
identified as the top priority for the Parks and Recreation Commission, who will serve as the
project’s primary advisory body.
The City’s Parks and Recreation General Plan Element and Master Plan was last updated in
2001; it was adopted concurrently as a Parks and Recreation Element and Master Plan. It is out
of date and its usefulness as a policy document is minimal. With new parks being proposed at a
historically unprecedented rate in association with multiple residential pro jects in in the City,
the Parks and Recreation Commission and staff lack clear current policy direction and current
data regarding the community’s existing and future parks and recreation needs. This not only
impacts future parks and recreation resources, but also the operational needs of the City’s
existing parks and facilities. There are insufficient staff resources to conduct this effort solely
internally, therefore as part of the FY 2017-19 Financial Plan, the City Council included funding
Packet Pg 19
4
for this update effort.
The Parks and Recreation General Plan Element and Master Plan update will be consistent with
the goals, policies and programs in the General Plan, including the Land Use, Circulation, and
Conservation and Open Space Elements. In these times of fiscal constraints, a Council adopted
prioritized list of parks and recreational needs is critically important to the fiscal sustainability of
residents’ quality of life in San Luis Obispo.
Strategy to Update the Plan
A detailed project plan was developed with input from staff, the Parks and Recreation
Commission, and the public. It is included as Attachment A. The Project Plan contains a detailed
description of the strategy to update the Parks and Recreation General Plan Element and Master
Plan, which includes:
1. Goal and Policy Criteria;
2. Project Strategy and Scope;
3. Deliverables;
4. Project Assumptions;
5. Project Organization and Team;
6. Project Advisory Body and Other Advisory Body Review;
7. Community Engagement Plan;
8. Preliminary Stakeholder List;
9. Project Tasks and Schedule; and
10. Project Resources.
The primary objectives for the project are to assess the existing parks and recreation facilities in
the City; identify residents and the community’s needs, including levels of service and
geographic service area deficiencies; and update goals, policies and programs that relate to
providing parks and recreation services within the City. The plan will also address passive and
active recreation in City parks and facilities as well as passive recreation in City open space and
multiuse path needs in terms of connectivity to parks, facilities, and open space.
While the specificity of the planning process may change after a consultant is hired, the project
will include four major components, as described in the Project Plan’s Project Strategy and
Scope (Attachment A, page 2):
1. Setting the Stage/Planning Framework
To ensure City-wide understanding of the scope and context of the planning process, a
planning framework will be developed in a series of meetings with the staff team, Parks
and Recreation Commission, City Council and other interested residents and
stakeholders. The planning framework may include discussion of core values, vision,
mission, goals, policy and program categories and performance measures, and will set the
stage for the work ahead. A draft framework will be developed at the start of the project
that will be refined as the project progresses.
Packet Pg 20
4
2. Determining Community Needs
To develop a solid foundation for the Plan, a Community Needs Assessment will be
developed. The focus of analysis will be inside the City’s urban reserve, but we will also
look at surrounding recreation resources and uses. It will contain the following
components:
Community Engagement will be a critical part of the Community Needs Assessment.
Early input will be solicited from residents and stakeholders regarding their needs,
preferences and priorities related to parks, facilities, programs and activities, including
active and passive recreation.
The Park and Facility Analysis will help plan for future needs by understanding the
City’s current parks, facilities and open space areas, including active and passive
recreation opportunities as appropriate and as consistent with all adopted policies and
ordinances, that are available to residents.
The Recreation Services Analysis will look at recreation programs and services data
provided by the City and other providers, recreation use findings from public engagement
activities, and state and national trends.
The Management and Operations Analysis will look at the cost of operating and
maintaining the City’s parks, facilities and open space (the City’s open space is
maintained by Parks and Recreation Ranger Service staff) including its operating budget,
and maintenance costs by type of park, facility, and open space to develop findings
related to the costs to operate and maintain future parks, facilities and open space.
3. Developing the Parks and Recreation Master Plan
Based on the Community Needs Assessment findings, recommendations and priorities
will be developed for acquiring, developing, improving and managing parks and facilities
for active and passive recreation, and recreation programs and services in the City over
the next 20 years. The City will evaluate input and develop updated goals, pol icies and
programs. The plan will also include plan maps; a prioritized implementation list
including capital facilities, park improvements, rehabilitation needs and recreation
programs; and a capital improvement plan that includes order-of-magnitude cost
estimates and projected operational costs of implementing the capital projects proposed.
4. Updating the Parks and Recreation Element
The Parks and Recreation Element will be developed concurrently with the Parks and
Recreation Master Plan—the Element is assumed to be all or a portion of the Master
Plan. The Community Needs Assessment will be included as an appendix or technical
supplement to the Element. Concurrent with or immediately following adoption of the
Parks and Recreation Master Plan the Council will adopt the updated Parks and
Recreation Element. It is assumed to be the same review process for both components;
details will be refined as part of the consultant selection process.
The project strategy is detailed further in the Project Tasks and Schedule (Attachment A, page
Packet Pg 21
4
9).
Advisory Body, Public and Staff Roles
The Parks and Recreation Commission (PRC) is the advisory body that advises the City
Council on park development and recreation programs and provides general guidance to the
Parks and Recreation Department. As such, the PRC will be the lead advisory body overseeing
plan development. At two meetings, on September 6th and October 4th, the PRC reviewed the
draft Project Plan, and recommended adoption by the City Council. They also appointed one
commissioner to serve on the consultant selection team.
The Planning Commission, as the advisory body responsible for reviewing and recommending
the City’s long-range plans to the City Council, will also have a key advisory role. Both the
Planning Commission and the City Council will review and provide direction on components of
the project at least three times -- the Draft Community Needs Assessment, the Draft Master Plan
and Element, and at the end of the project for final review and adoption. The Planning
Commission will receive regular project updates provided by staff, and other City advisory
bodies will also review and provide input on the draft plan, including but not limited to the
Cultural Heritage Committee, Jack House Committee, and Bicycle Advisory Committee.
Public engagement will be a key component of plan development, and a detailed Community
Engagement Plan will be developed in coordination with the selected consultant. As described on
page 2 and 7 of the Project Plan, early Community Engagement will be a critical part of the
Community Needs Assessment. Input will be solicited from stakeholders, residents and the
general public regarding their needs, preferences and priorities related to parks, facilities, open
space, programs and activities, including active and passive recreation. As the plan is developed,
stakeholders, residents and the general public will be re-engaged to provide input along the way.
The communication objective will be to collaborate with the community, consistent with the
City’s adopted Public Engagement and Noticing Manual. Engagement activities will be planned
to ensure the participation of a diverse cross-section of the population, as described in the
preliminary stakeholder list (Attachment A, page 8), as well as residents and the general public.
This list will be refined after consultant selection, when the Community Engagement Plan is
developed.
A cross-departmental staff team will also be critical for project development and to fill the
consultant funding gap. Project participation includes staff from Parks and Recreation (Project
Sponsor and Project Steering Committee), Community Development (Project Management and
CEQA), Public Works, GIS, Natural Resources and Active Transportation.
Request for Proposals (RFP)
A consultant or team will be hired to fill gaps in staffing, provide expertise and facilitate
development of the Community Needs Assessment, Master Plan, and Element update. However,
significant project work will also be completed by staff outside of the contract, such as
Packet Pg 22
4
development of the park and facility inventory and assessment, the environmental coordination,
some of the communication and outreach activities, all public noticing, as well as project
management of the entire work effort. The consultant will attend at least seven Parks and
Recreation Commission meetings (in person or through video conference) and key advisory body
hearings. The substance of the RFP is based on the Project Plan.
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP 11/9/17
Receive proposals 12/7/17
Complete proposal evaluations 12/21/17
Conduct finalist interviews 1/9/18
Finalize recommendation 1/15/18
Execute contract 2/9/18
Start work 2/9/18
Proposals will be evaluated based on criteria published in the RFP. A team will review and
evaluate consultant proposals and participate in finalist interviews. That team is proposed to be
made up of staff, one Park and Recreation Commissioner, and one outside agency participant.
CONCURRENCES
All departments included on the Project Team and under Department Consultation (Attachment
A, page 6) have had the opportunity to review the Project Plan. Additionally, Parks and
Recreation, Community Development, Public Works, and Administration. Natural Resources
Program staff have provided input on the Project Plan and RFP and will be active participants in
the process. The Parks and Recreation Commission reviewed the project plan twice and
recommended adoption to the City Council.
ENVIRONMENTAL REVIEW
The request for proposal is not a project under CEQA. The resulting plan will require evaluation
for potential impacts as described in the Project Plan and RFP, and will be further detailed after
consultant selection. A combination of consultant and in-house resources are planned to be used
to complete the environmental review, as described further in the RFP. Resource assignments
will be determined as part of contract negotiations.
FISCAL IMPACT
The Council included $160,000 in the 2017-2019 Financial Plan for this effort. As described in
Attachment A, page 11, Project Resources, staff is proposing to allocate $145,000 for Contract
Services, which includes $135,000 for consultant assistance with the Community Needs
Assessment, Master Plan development, and Element update, and a $10,000 contingency. $10,000
is also allocated for City operating expenditures, such as meeting notification, outreach direct
costs and document production. $5,000 is assigned for an intern to assist with the facility needs
assessment.
Packet Pg 23
4
ALTERNATIVES
1. Council may direct that the contract for consultant assistance be reduced. This is not
recommended because staff resources are limited, and staff alone would not be able to
produce all necessary work in a way that meets community expectations.
2. Council may direct changes to the proposed Project Plan or Request for Proposals for
consultant assistance. Specific direction to staff should be provided.
Attachments:
a - Project Plan - Parks and Recreation Master Plan & Parks and Receation General Plan
Element Update
b - Project Schedule - Parks and Recreation Master Plan & Parks and Recreation General
Plan Element Update
c - Request for Proposals for Consultant Services for the Update of the Parks and
Recreation Master Plan and Parks and Recreation General Plan Element
Packet Pg 24
4
1
Project Plan
Parks and Recreation Master Plan & Parks and Recreation General Plan Element Update
BACKGROUND
The development of a Parks and Recreation Master Plan and Element Update has been identified as the
top priority for the Parks & Recreation Commission. The City’s Parks and Recreation Master Plan was
last updated in 2001; it was adopted concurrently as a P arks and Recreation Element and Master Plan.
It is out of date and its usefulness as a policy document is minimal. With new parks being proposed at a
historically unprecedented rate in association with multiple residential projects in in the City, the Park s
and Recreation Commission and staff lack current policy direction as well as data regarding the
community’s current and future parks and recreation needs.
This not only impacts future parks and recreation resources, but also the operational needs of the City’s
existing parks and facilities. During the most recent drought a need was identified to include sustainable
operational practices in current and future parks so that water intensive plantings are minimized . A
Parks and Recreation Master Plan with a thorough Community Needs Assessment component would
address these issues, among many others.
Due to the elimination in 2010 of the second Recreation Manager Position for the Parks and Recreation
Department there are insufficient staff resources to co nduct this effort solely internally, therefore funds
were allocated through the FY2017 -19 Financial Plan to implement this project.
GOAL AND POLICY DIRECTION
1. Supports Major City Goal regarding Climate Action by identifying future park amenities that
are less water intensive and enhanced maintenance practices in existing parks to accomplish
the same as well as other operational and or programmatic changes in support of this goal.
2. Supports Major City Goal regarding Multi -Modal Transportation by identifying and addressing
connectivity between parks and open spaces via public transit, walking and cycling .
3. Supports the Major City Goal regarding fiscal health by prioritizing community needs for parks
and recreation that result in prioritized capital improvement projects and operations for the
same.
Last Updated: 10.13 .17
PURPOSE
The purpose of the update of the Parks and Recreation Master Plan (Master Plan) and Parks
and Recreation General Plan Element (Element) is to address current and future needs for the
City of San Luis Obispo’s parks, recreation facilities, programs and services. The plan will include
a Community Needs Assessment, illustrative maps, and a prioritized action plan to ensure the
most effective use of future community resources. The public will be engaged in a positive and
creative way so that the resulting plan is representative of community values, desires and
needs.
Packet Pg 25
4
2
4. Supports the Housing Major City Goal by identifying resident and community needs and
supporting the implementation of new facilities and new programs in new City neighborhoods.
5. Supports the Parks and Recreation Commission’s longstanding goal to update the Parks and
Recreation Master Plan and Element to best serve the community.
6. Consistent with the San Luis Obispo Municipal Code, Chapter 12.20 Pa rk Regulations, and
12.22 Open Space Regulations.
7. Supports implementation of the General Plan through the update of the Parks and Recreation
Element and accompanying policies and programs.
8. Supports the City’s recently updated Land Use Element of the General Plan, including policies
such as: “Areas preserved for open space should include public trail access, controlled to
protect the natural resources, to assure reasonable security and privacy of dwellings…” (LUE
1.10.3); downtown green space and public parks, including pocket parks and parklets should be
increased (LUE 4.10); walking paths along San Luis Creek in the downtown should be included
(LUE 4.15); and public art in projects should be included (LUE 5.2.4), among others.
9. Supports the City’s recently updated Circulation Elements of the General Plan, by identifying
how parks and recreational areas can be conveniently reached by pedestrians or bicyclists (CE
Goal 1.7.3.7); and completing a continuous pedestrian network connecting residential areas
with major activity centers as well as trails leading into city and county open spaces (CE Policy
5.1.2), among others.
10. Supports the City’s Conservation and Open Space Element of the General Plan, including:
(COSE 8.5.1) “Public access to open space resources, with interpretive information, should be
provided when doing so is consistent with protection of the resources, and with th e security
and privacy of affected landowners and occupants. Access will generally be limited to non -
vehicular movement, and may be visually or physically restricted in sensitive areas” and (COSE
8.5.5) “The City will consider allowing passive recreation w here it will not degrade or
significantly impact open space resources and where there are no significant neighborhood
compatibility impacts, in accordance with an approved open space conservation plan. Passive
recreation activities may include: hiking, nat ure study, bicycle use, rock climbing, horseback
riding or other passive recreational activities as permitted and regulated in the Open Space
Ordinance.”
11. Supports the goals and policies in the Public Art Master Plan.
12. Implements the 2015 Open Space Maintenance Plan.
13. Implements the adopted 2020 Parks and Recreation Strategic Plan (Action 1.4.4).
14. Considers implementation strategies in the Downtown Concept Plan (adoption expected in
September, 2017).
PROJECT STRATEGY AND SCOPE
The primary objectives for this project are to assess the existing parks and recreation facilities in the City;
identify the community’s needs, including levels of service and geographic service area deficiencies; and
update goals, policies and programs that relate to providing parks and recreation services within the City.
The planning process will include four major components:
1. Setting the Stage: Planning Framework
2. Determining Community Needs
3. Developing the Parks and Recreation Master Plan (Plan)
4. Updating the General Plan Parks and Recreation Element (Element)
Packet Pg 26
4
3
1. Setting the Stage-Planning Framework
To ensure City-wide understanding of the scope and context of the planning process, a planning
framework will be developed in a series of meetings with the staff team, Parks and Recreation
Commission, City Council and other interested stakeholders. The planning framework may include
discussion of core values, vision, mission, goals, policy and program categories and performance
measures, and will set the stage for the work ahe ad. A draft framework will be developed at the
start of the project that will be refined as the project progresses.
2. Determining Community Needs
To develop a solid foundation for the Plan, a Community Needs Assessment will be developed
with the following components:
▪ Community Engagement
▪ Park and Facility Analysis
▪ Recreation Services Analysis
▪ Management and Operations Analysis
These components are further described below:
• Community Engagement will be a critical part of the Community Needs Assessment. Early
input will be solicited from stakeholders and residents regarding their needs, preferences
and priorities related to parks, facilities, programs and activities, including active and
passive recreation. Engagement activities such as open houses, workshops, focus groups,
interviews, intercept surveys and online surveys will be planned to ensure the participation
of a diverse cross-section of the population, from youth to seniors, as well as diversity of
participants, from people with disabilities to organized sports leagues . A detailed
engagement plan will be developed in coordination with project consultants. Public
engagement findings will be summarized and used in conjunction with the analysis below.
(See page 7 for more information on the Community Engagement Plan.)
• The Park and Facility Analysis will help plan for future needs by understanding the City’s
current parks, facilities and open space areas, including active and passive recreation
opportunities as appropriate, that are available to residents. A park and facility analysis will
include:
o A demographic profile and description of the planning area;
o A park and facility inventory and assessment--documenting the type, number, and
condition of parks, facilities;
o Park and facility classifications and definitions;
o Park and facility standards analysis-analyzing the ratio of parks, facilities and open
space areas to population (current level of service), and anticipated need based on
population projections; evaluating level of service in comparable communities;
updating park and facility standards
Packet Pg 27
4
4
o Maps to show existing parks, facilities and open spaces, and geographic service
areas to illustrate areas underserved by parks and facilities; and
o Summary of assessment of current parks, facilities and future needs to provide a
basis for the development of policies and programs.
• The Recreation Services Analysis will look at recreation programs and services data
provided by the City and other providers, recreation use findings from public engagement
activities, and state and national trends. Maximum programming limits for each facility will
be reviewed, and recreation service needs will be identified for the next 20 years, which will
provide a basis for the development of policies and programs.
• The Management and Operations Analysis will look at the cost of operating and
maintaining the City’s parks, facilities and open space including its operating budget, and
maintenance costs by type of park, facility, and open space to develop findings related to
the costs to operate and maintain future parks, facilities and open spaces.
3. Developing the Plan
In the second phase of the planning process, recommendations and priorities will be developed for
acquiring, developing, improving and managing parks and facilities for active and passive
recreation, and recreation programs and services in the City over the next 20 years.
We will evaluate input and develop updated goals, policies and programs based on the Community
Needs Assessment results and input from staff, the Parks and Recreation Commission, the ge neral
public and stakeholder groups.
The plan will also include a plan map; a prioritized implementation list; and a capital improvement
plan that includes order-of-magnitude cost estimates and projected operational costs of
implementing the capital projects proposed. Performance measures may be developed to assist in
evaluating the success of plan implementation.
Staff or consultants will be responsible for reviewing the Draft Plan for compliance with the
California Environmental Quality Act. It is likely an initial study/mitigated negative declaration will
be prepared. After thorough opportunities for the public to review proposed recommendations
and priorities, a Draft Parks and Recreation Master Plan will be developed for advisory body review
and adoption by the City Council.
4. Updating the Parks and Recreation Element
The Parks and Recreation Element will be developed concurrently with the Parks and Recreation
Master Plan—the Element is assumed to be all or a portion of the Master Plan. The Community
Needs Assessment will be included as an appendix or technical supplement to the Element.
Concurrent with or immediately following adoption of the Parks and Recreation Master Plan the
Council will adopt the updated Parks and Recreation Element. It is assumed to be the same review
process for both components; details will be refined as part of the consultant selection process.
Packet Pg 28
4
5
DELIVERABLES
✓ Community Needs Assessment Report
✓ Updated Parks and Recreation Master Plan and Map(s)
✓ Environmental analysis, including Initial Study and likely Mitigated Negative Declaration
✓ Updated Parks and Recreation Element of the General Plan
PROJECT ASSUMPTIONS
1. Continued support from the City Council for sufficient staff and resources to complete the project.
2. The Parks and Recreation Commission will act as the project’s advisory body
3. The commitment of a cross-departmental staff team for project assistance, including:
i. P&R staff for in-house work to fill consultant funding gap; possibilities include
implementation of communications plan (social media, graphics, community outreach at
events and activities, etc.)
ii. CDD staff for project management;
iii. Intern to collect park and facilities data;
iv. PW parks staff to share data, provide input and review;
v. GIS staff for mapping;
vi. Natural Resources and Active Transportation staff to ensure consistency and compatibility
with other goals and policies for passive recreation and multiuse paths.
4. There will be a collaborative dialogue with available, wide-ranging stakeholders.
5. There will be broad public input upfront and throughout, within the scope of the project.
6. The consultant team will be a good fit for the community; able to integrate i deas from a variety of
sources and able to put in the time to do it right.
7. The team can get the information and data they need .
8. The plan will consider the goals and objectives of the 2020 Parks and Recreation Strategic Plan and
guide future Strategic Plan updates
9. The plan will consider recommendations from the Public Art Master Plan, the Downtown Concept
Plan, the Mission Plaza Concept Plan, the Open Space Maintenance Plan and the Open Space Vision
Plan, Saving Special Places Forever, and other related documents.
10. The plan will address both active and passive recreation. Per the General Plan, “The City will
consider allowing passive recreation where it will not degrade or significantly impact open space
resources and where there are no significant neighborhood compatibility impacts, in accordance
with an approved open space conservation plan. Passive recreation activities may include: hiking,
nature study, bicycle use, rock climbing, horseback riding or other passive recreational activities
as permitted and regulated in the Open Space Ordinance (COSE 8.5.5).”
11. The plan will address multiuse path needs in terms of connectivity to parks, facilities and open
space, and coordinate with the development of the Active Transportation Plan as appropriate.
PROJECT ORGANIZATION AND TEAM
Project Manager: Rebecca Gershow, Associate Planner
Project Sponsor: Shelly Stanwyck, Parks and Recreation Director
Project Steering Committee: Above, plus Lindsey Stephenson, Melissa Mudgett, Devin Hyfield, and
Meghan Burger
Project Team:
1. CDD Xzandrea Fowler, Brian Leveille, Shawna Scott (CEQA)
2. P&R Other Doug Carscaden, Dave Setterlund & Sahvanna Ettestad
Packet Pg 29
4
6
3. GIS David Yun/Mary Andrews
4. Parks Maintenance Jeff Hendricks
5. Building Maintenance Andrew Collins
6. Natural Resources Bob Hill
7. Bike / Pedestrian Adam Fukushima
Other Department Consultation:
• Administration
• Finance
• Public Works Engineering
• SLO Transit
• Fire Department
• Police Department
• Special Events Committee
✓ The Project Manager is responsible for day to day project oversight, work plan tracking, project
billing and is the liaison to other staff and the project consultant(s).
✓ The Project Sponsor has ultimate accountability for the successful completion of the project and
provides strategic direction to the project manager and department head coor dination.
✓ The Project Steering Committee has weekly or bi-weekly meetings to make sure the project
stays on track
✓ The Project Team includes staff who are active participants in the project. Project Team
members will meet with the project manager or others as needed to assist in plan development,
including sharing necessary data, information or other work, and reviewing drafts of plan
components. Most participation will be outside of a group “team meeting.” Team members will
also communicate project updates to their dep artment or division as appropriate.
✓ Other Department Consultation will happen throughout the project on an as-needed basis.
PROJECT ADVISORY BODY
The Parks and Recreation Commission (PRC) will serve as the project advisory body for the Parks and
Recreation Master Plan and Parks and Recreation General Plan Element Update. The PRC will serve this
role, as they are the commission that advises the City Council on park development and recreation
programs and provides general guidance to the Parks and Recreation Department.
There will be a standing project update at each monthly PRC meeting to keep the Commission apprised
of project tasks and upcoming deliverables, as well as serve as an additional opportunity for public input.
Approximately every other month the PRC will review project deliverables and provide more detailed
input and direction as necessary (see Project Tasks and Schedule below and linked).
OTHER ADVISORY BODY REVIEW
The Planning Commission is the Advisory Body responsible for reviewing and recommending the City’s
long-range plans to the City Council, most notably the City’s General Plan. As such, t he Planning
Commission and City Council will each have the opportunity to review and provide input on components
of the project three times – to review the Draft Community Needs Assessment, to review the Draft
Master Plan and Element Update, and at the end of the project for final review and adoption.
Other City advisory bodies will also review and provide input on the draft plan, including but not limited
Packet Pg 30
4
7
to the Cultural Heritage Committee, Jack House Committee, and Bicycle Advisory Committee. Additional
meetings will be scheduled as necessary. See the Project Tasks and Schedule section for more
information.
COMMUNITY ENGAGEMENT PLAN
A detailed Community Engagement Plan will be developed in coordination with the selected consultant.
As described on page 2 of the project plan, early Community Engagement will be a critical part of the
Community Needs Assessment. Early input will be solicited from stakeholders, residents and the general
public regarding their needs, preferences and priorities related to parks, facilities, open space, programs
and activities, including active and passive recreation. As the plan is developed, stakeholders, residents
and the general public will be re-engaged to provide input along the way. The communication objective
will be to collaborate with the community. This includes an interactive process where the project team
partners engage with the public to identify needs, preferences and priorities, and identify preferred
solutions.
Engagement activities will be planned to ensure the participation of a diverse cross-section of the
population, as described in the preliminary stakeholder list below, as well as residents and the general
public. This list will be refined after consultant selection, when the Communit y Engagement Plan is
developed. Components of the community engagement plan may include the following:
• Development of a project logo and branding
• Development of a social media communications plan
• E-updates—email outreach to generate interest, maintain participation, and develop mailing list
• Media Outreach—news releases on the key project milestones and key elements of the update
• Special event cross marketing by P&R Staff—distribution of project materials, postcards and
intercept surveys at special events
• City web page/project page regular updates
• On line survey: web-based, possibly graphic-based (using mapping software) with broad
distribution/publicity/incentives to ensure high participation and diverse representation
• Open City hall updates with questionnaires or strategic questions
• Stakeholder focus groups or interviews
• Outreach to schools for youth participation
• Workshops/open houses/pop-up events, depending on the phase of the project and the input
needed, including neighborhood meetings, or meetings in parks
Refer to the Public Engagement and Noticing Manual for more outreach tools and information on the levels
of engagement.
PRELIMINARY STAKEHOLDER LIST
Beyond residents and the general public, stakeholders are organized groups of people we want to make
sure we reach out to and hear from as part of our public engagement process. After consultant selection,
a detailed Community Engagement Plan will be developed, and appropriate input opportunities will be
identified.
Packet Pg 31
4
8
City Committees/Boards:Community Partnerships
Bicycle Advisory Committee Arts Obispo
Cultural Heritage Committee Bike SLO County
Jack House Committee Cal Poly
Planning Commission CAPSLO
Senior Center Executive Board CCCMB
Tree Committee Center for Family Strengthening
Mass Transportation Committee C. Coast Comm. for Snr Citizens- Area Agency on Aging
Other or Former City -affiliated Groups:Chamber of Commerce/Visit SLO
Downtown Concept Plan Creative Vision Team Child Care Planning Council
Open Space Working Group Contract Class Instructors
Former PRC & JHC Members County Library Staff
Tourism Business Improvement District Board Cuesta College
Promotional Coordinating Committee Downtown Association
ECOSLO
Parks and Recreation Users:Family Care Network
Blues Baseball Friends of SLO City Dog Parks
Central Coast Soccer History Center
Community Gardeners Jack House Volunteer Docents
Contract Class Users: Karate, Gymnastics, Etc.Land Conservancy of San Luis Obispo County
Jr. Giants Mission San Luis Obispo de Tolosa
Laguna Lake Golf Course Men’s and Women’s Club Neighborhood Groups
Senior Center members Prado Day Center and Homeless Services
SLO Rugby Rita’s Rainbows
SLO Skate Park / Hockey Rink Users RQN
SLO Swim Center Ambassadors/Users San Luis Coastal Unified School District (SLCUSD)
SLO Teen and CIT Families SESLOC (Damon Parking)
SLO Throwers Service Clubs (Rotary, Kiwanis, Soroptimist, LSLO)
Sports (Adult Softball, Pickleball, Volleyball, Table Sierra Club
Tennis, Boomer Softball, Whiffle ball, Ultimate SLO County Access For All
SLO Women’s Soccer SLO County Parks & Recreation
SLO Youth Baseball SLO County Parks & Recreation Commission
Special Event Organizers Special Olympics
SLO Tigers Baseball Tribal Representatives
Sun 'N Fun, Club STAR Families (Youth Services) United Cerebral Palsy of San Luis Obispo County
Youth Sports Association (YSA)YMCA
Other:
Large employers
Non-English speakers
Non-resident park and facility users (drop-in)
Non-users
Adult & Youth drop-in users
People with disabilities
Project Advisory Body:
Parks & Recreation Commission
Packet Pg 32
4
9
PROJECT TASKS AND SCHEDULE
Assumptions:
• The project tasks and schedule will be adjusted when the consultant contract is finalized
• Parks and Recreation Commission input is called out below for key deliverables, but project updates
will also be a standing item on all PRC agendas
• Planning Commission and City Council review will happen three times during the project
• Bicycle Advisory Committee, Cultural Heritage Committee and Jack House Committee will also review
the draft plan, and other advisory body review will be added as needed.
• There will be regular meetings with the Project Steering Committee (staff), but they are not called
out below
See below, or go to the Draft Project Schedule for a graphic timeline.
A. Project Planning and Initiation
A1. Staff team Project Plan review September 2017
A2. PRC preliminary Project Plan review Sep 6, 2017
A3. PRC refined Project Plan approval Oct 4, 2017
A4. City Council (CC) Project Plan and RFP review/authorization Nov 7, 2017
A5. Post and Distribute RFP; responses due Nov 10-Dec 7
A6. Review/evaluate consultant proposals and set up interviews Dec 8-21, 2017
A7. Interviews; selection and contracting; finalize scope and work plan + PRC update Jan 5-Feb 8, 2018
B. Planning Framework
B1. Project kickoff; consultant review of background data, docs, plans, agreements, etc. Feb-Mar, 2018
B2. Community Engagement Plan developed + PRC approval Feb-Mar, 2018
B3. Planning framework development + PRC input Mar-Apr, 2018
C. Community Needs Assessment
Public engagement to determine community needs:
C1. Develop Focus group lists; schedule; develop questions April 2018
C2. Stakeholder focus groups: wide-ranging representation and various locations April 2018
C3. Survey development Apr-May, 2018
C4. Kickoff Public Workshop & online survey ready May 2018
C5. Online Survey Open May-July, 2018
C6. Promote Survey and Pop-Up Events--intercept surveys, postcards, City events, etc. May-July, 2018
Packet Pg 33
4
10
C7. Summary of needs assessment engagement findings + PRC review Aug 1-Sep 5, 2018
Park and Facility Analysis:
C8. Park and facility inventory and assessment-type, number and condition + PRC input Oct-Apr 5, 2018
C9. Existing conditions analysis-demographic profile, planning area, existing resources April 2018
C10. Park and facility classifications and definitions April 2018
C11. Park and facility standards analysis/level of service recs + PRC input May-June, 2018
C12. Geographic/density analysis-existing resources and underserved areas + PRC input May-June, 2018
C13. Summary of park and facility needs assessment findings + PRC input July-August, 2018
Recreation Services Analysis:
C14. Data collection of rec programs and services; national trends June-July, 2018
C15. Analysis of above with recreation use findings from public engagement August 2018
Management and Operations Analysis:
C16. Data collection and analysis of cost of operating parks, open spaces and facilities July-August, 2018
Synthesis of Results:
C17. Development of Draft Community Needs Assessment Report August 2018
C18. Two public workshops on Draft Community Needs Assessment September 2018
C19. PRC study session on Draft Community Needs Assessment Oct 3, 2018
C20. PC study session on Community Needs Assessment (possibly joint with CC) Wk of Oct 5, 2018
C21. CC study session on Draft Community Needs Assessment Wk of Oct 12, 2018
C22. Finalize Community Needs Assessment November 2018
D. Master Plan Development and Element Update
D1. Update goals, policies, programs based on Community Needs Assessment + PRC input Nov-Dec, 2018
D2. Development of Draft Plan maps Nov 2018-Jan 2019
D3. Review of draft plan components and prioritization + PRC study session Dec 5, 2018
D4. Refinement of draft prioritized implementation list + PRC input Dec 2018-Feb 2019
D5. Development of draft Capital Improvement Plan with cost estimates + PRC input Feb-Apr, 2019
D6. Development of draft operational cost estimates for future improvements Feb-Apr, 2019
D7. Final Draft Plan Development Apr-June, 2019
D8. Draft Plan Public Workshop June 2019
Packet Pg 34
4
11
D9. CHC, Jack House, BAC, PRC, PC, CC review (and other Advisory Bodies as necessary) June-Aug, 2019
D10. CEQA review; preparation of Initial Study and Mitigated Negative Declaration (likely) Dec 2018-Nov 2019
E. Master Plan and Element Adoption
E1. Final Draft Master Plan and Element Update Sep-Nov, 2019
E2. Public Hearings (3):
PRC final public hearing/recommendation to PC? September 2019
PC public hearing/recommendation to CC October 2019
CC public hearing/adoption November 2019
PROJECT RESOURCES
Line Item Description Account No.2017-18 2018-19
Staffing
Intern(s) for facility needs assessment 60100-5,000
Contract Services 145,000 0
Community Needs Assessment, Master Plan
Development, Element Update 60100-7227 135,000
Contingency 10,000
Other Operating Expenditures 10,000 0
Meeting notification; Outreach direct costs;60100-7425 10,000
document production.
Minor Capital 0 0
Total Operating Costs 160,000 0
Net Operating Costs 160,000 0
Supervisor Sign Off: Date:
Packet Pg 35
4
Parks and Recreation Master Plan & Parks and Recreation Element Update -- Draft Project Schedule
* = advisory body and/or public review 2017 2018 2019
Assumes monthly project updates as a standing item on the PRC agenda sep oct nov dec jan feb mar apr may june july aug sep oct nov dec jan feb mar apr may june july aug sep oct nov
A. Project Planning and Initiation
A1. Staff Team Preliminary Project Plan review
A2. Parks and Recreation Commission (PRC) Preliminary Project Plan review *
A3. PRC poject plan and rfp review *
A4. City Council Project Plan and RFP review/authorization *
A5. Post and Distribute RFP; responses due
A6. Review proposals and set up interviews
A7. Interviews; selection and contracting; finalize scope and work plan; PRC update *
B. Planning Framework
B1. Project kickoff; consultant review of background data, docs, plans, agreeements, etc.
B2. Community Engagement Plan developed *
B3. Planning framework-project values, vision, mission, goals, strategy categories (or similar)*
C. Community Needs Assessment
Public engagement to determine community needs:
C1. Develop Focus group lists; schedule; develop questions *
C2. Stakeholder focus groups-wide-ranging representation and various locations
C3. Survey development
C4. Kickoff public workshop/needs assessment initiation--online survey ready *
C5. Online Survey - extensive outreach
C6. Intercept surveys, postcards, outreach at City events, parks, activities (promote survey)
C7. Summary of needs assessment engagement findings *
Park and Facility Analysis:
C8. Park and facility inventory and assessment-type, number and condition--primarily in house *
C9. Existing conditions analysis-demographic profile, planning area, existing resources
C10. Park and facility classifications and definitions
C11. Park and facility standards analysis/level of service recs; includes prc mtg/decision *
C12. Geographic and density analysis-existing resources and underserved areas analysis *
C13. Summary of park and faciltiy needs assessment findings *
Recreation Services Analysis:
C14. Data collection of rec programs and services; national trends
C15. Analysis of above with recreation use findings from public engagement
Management and Operations Analysis:
C16. Data collection and analysis of cost of operating parks and facilities, by park type
Synthesis of Results:
C17. Development of Draft Community Needs Assessment Report
C18. Two public workshops to provide input on Draft Community Needs Assessment *
C19. PRC study session on Draft Communtiy Needs Assessment *
C20. PC study sesion on Communtiy Needs Assessment (could be joint with PC or CC)*
C21. CC study session on Draft Community Needs Assessement *
C22. Revise and Finalize Community Needs Assessment
D. Master Plan Development and Element Update
D1. Update goals, policies and programs bassed on Community Needs Assessment findings *
D2. Development of Draft Plan maps **
D3. Review of draft plan components and prioritization -- prc study session *
D4. Refinement of draft prioritized implementation list-incl staff and prc review *
D5. Development of draft Capital Improvement Plan with cost estimates *
D6. Development of draft operational cost estimates for future improvements *
D7. Final Draft Plan Devel: Planning Framework; Highlights of Improvements; Perf Measures
D8. Final Public Workshop-Review of Draft Plan *
D9. Final Adv body review: CHC, Jack House, BAC, PRC, PC, CC ***
D10. CEQA review; preparation of Initial Study and Mitigated Negative Declaration (likely)********
E. Master Plan and Element Adoption
E1. Final Draft Master Plan and Element Hearings: prc, pc, cc hearings and adoption ***
Packet Pg 36
4
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
THE PARKS AND RECREATION DEPARTMENT
AND
THE COMMUNITY DEVELOPMENT DEPARTMENT
Notice Requesting Proposals for Consultant Services for the
UPDATE OF THE PARKS AND RECREATION MASTER PLAN AND
PARKS AND RECREATION GENERAL PLAN ELEMENT
NOTICE IS HEREBY GIVEN that the City of San Luis Obispo is requesting sealed proposals for services
associated with updating The Parks and Recreation Master Plan and Parks and Recreation General Plan
Element pursuant to Specification No. 91635.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received by the Department of Finance at or
before 3:00 p.m. on December 6, 2017 when they will be opened publicly in the City Hall Conference
Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the
proposal title, specification number, proposer name, and time and date of the proposal opening.
Proposals shall be submitted using the forms provided in the specification package.
An optional pre-proposal conference will be held to answer any questions that the prospective proposers
may have regarding the City's request for proposals.
Council Hearing Room
990 Palm Street, San Luis Obispo
Tuesday, November 28, 2017 at 12-1 pm
Specification packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact Purchasing Analyst Kristin Eriksson at keriksso@slocity.org with any
questions.
Packet Pg 37
4
City of San Luis Obispo
Specification No. 91635
-2-
Specification No. _____
TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................3
B. SCOPE OF WORK ..................................................................................................................6
C. PROJECT SCHEDULE .........................................................................................................10
D. PROJECT BUDGET ..............................................................................................................13
E. GENERAL TERMS AND CONDITIONS ................................................................……….13
F. SPECIAL TERMS AND CONDITIONS ...............................................................................18
G. FORM OF AGREEMENT .....................................................................................................22
H. INSURANCE REQUIREMENTS..........................................................................................24
I. PROPOSAL SUBMITTAL FORMS .......................................................................................26
Packet Pg 38
4
City of San Luis Obispo
Specification No. 91635
-3-
A. INTRODUCTION
The City of San Luis Obispo is seeking proposals from qualified consulting firms to prepare an update to
the Parks and Recreation Master Plan and Parks and Recreation General Plan Element (Master Plan and
Element). The qualified individual or firm (Consultant Team) should have strong park planning,
analytical, land use and urban design skills to lead the process to update the Parks Master Plan and
Element through a robust public engagement process.
The City will not accept a proposal as responsive if it covers only a portion of the Scope of Work
requested. A summary of the required deliverables includes:
✓ Community Needs Assessment Report
✓ Updated Parks and Recreation Master Plan and Maps
✓ Environmental analysis, including preparation of an Initial Study
✓ Updated Parks and Recreation Element of the General Plan
PURPOSE
The purpose of the update of the Parks and Recreation Master Plan (Master Plan) and Parks and
Recreation General Plan Element (Element) is to address current and future needs for the City of San
Luis Obispo’s parks, recreation facilities, programs and serv ices. The plan will include a Community
Needs Assessment, illustrative maps, and a prioritized action plan to ensure the most effective use of
future community resources. The public will be engaged in a positive and creative way so that the
resulting plan is representative of community values, desires and needs.
BACKGROUND
The development of a Parks and Recreation Master Plan and Element Update has been identified as
the top priority for the Parks & Recreation Commission. The City’s Parks and Recreation Master Plan
was last updated in 2001; it was adopted concurrently as a Parks and Recreation Element and Master
Plan. It is out of date and its usefulness as a policy document is minimal. With new parks being
proposed at a historically unprecedented rate in association with multiple residential projects in in the
City, the Parks and Recreation Commission and staff lack current policy direction as well as data
regarding the community’s current and future parks and recreation needs. This not only impacts futur e
parks and recreation resources, but also the operational needs of the City’s existing parks and facilities.
There are insufficient staff resources to conduct this effort solely internally, therefore funds were
allocated through the FY2017-19 Financial Plan to implement this project.
The 2001 Parks and Recreation Element and Master Plan can be found here:
https://www.slocity.org/home/showdocument?id=15041
PLANNING AREA
The project will look at park, recreation, and open space resources within the City, as well as the City’s
broader planning area, with the focus within the urban reserve. The City’s planning area coincides with
the County’s San Luis Obispo planning area, and contains approximately 72,600 acres, as illustrated in
Packet Pg 39
4
City of San Luis Obispo
Specification No. 91635
-4-
Figure 1, General Plan Land Use Element, 2014, p. 1-12. The project will also consider the Land Use
and Circulation Element Sphere of Influence Planning Subarea (illustrated in Figure 1 and Figure 2,
General Plan Land Use Element, 2014, p. 1-12 and 1-13) when identifying resources. However, the
General Plan also defines a smaller geographic boundary, the urban reserve line, which is the boundary
between areas that the City has decided may be appropriate for urban development, and land to remain
in open space and rural uses over the next 20 years. Agricultural and open space uses may also be
maintained within the urban reserve line. Most of the focus of the Master Plan and Element policies and
programs will be within the urban reserve line, as consistent with the General Plan.
POLICY DIRECTION
Policy direction to guide the update of the Master Plan and Element includes the following:
1. Supports Major City Goal regarding Climate Action by identifying future park amenities that are
less water intensive and enhanced maintenance practices in existing parks, as well as other
operational and or programmatic changes in support of this goal.
2. Supports Major City Goal regarding Multi-Modal Transportation by identifying and addressing
connectivity between parks and open spaces via public transit, walking and cycling.
3. Supports Major City Goal regarding fiscal health by prioritizing community needs for parks and
recreation that result in prioritized capital improvement projects and operations.
4. Supports the Housing Major City Goal by identifying resident and community needs as relates to
the provision of parks and open space in existing and new neighborhoods.
5. Supports the Parks and Recreation Commission’s longstanding goal to update the Parks and
Recreation Master Plan and Element to best serve the community .
6. Consistent with the San Luis Obispo Municipal Code, Chapter 12.20 Park Regulations, and 12.22
Open Space Regulations.
7. Supports the City’s recently updated Land Use Element of the General Plan, including policies that
relate to public access to open space (LUE 1.10.3); open places and views (LUE 4.10); downtown
green space and public parks (LUE 4.11); San Luis Obispo Creek (LUE 4.15); and public art (LUE 5.2.4),
among others.
8. Supports the City’s recently updated Circulation Element of the General Plan, by identifying how:
parks and recreational areas can be conveniently reached by pedestrians or bicyclists (CE Goal
1.7.3.7); the city should complete a continuous pedestrian network connecting residential areas
with major activity centers as well as trails leading into city and county open spaces (CE Policy
5.1.2), among others.
9. Supports the City’s Conservation and Open Space Element of the General Plan, including: (COSE
8.5.1) “Public access to open space resources, with interpretive information, should be provided
when doing so is consistent with protection of the resources, and with the security and privacy of
affected landowners and occupants. Access will generally be limited to non-vehicular movement,
and may be visually or physically restricted in sensitive areas,” and (COSE 8.5.5) “The City will
consider allowing passive recreation where it will not degrade or significantly impact open space
resources and where there are no significant neighborhood compatibility impacts, in accordance
with an approved open space conservation plan. Passive recreation activities may include: hiking,
nature study, bicycle use, rock climbing, horseback riding or other passive recreational activities as
permitted and regulated in the Open Space Ordinance.”
Packet Pg 40
4
City of San Luis Obispo
Specification No. 91635
-5-
10. Supports the goals and policies in the Public Art Master Plan.
11. Implements the 2015 Open Space Maintenance Plan.
12. Implements the adopted 2020 Parks and Recreation Strategic Plan (Action 1.4.4).
13. Considers implementation strategies in the 2017 Downtown Concept Plan and Mission Plaza
Concept Plan.
PROJECT ASSUMPTIONS
1. Continued support from the City Council for sufficient staff and resources to complete the
project.
2. The Parks and Recreation Commission will act as the project’s advisory body.
3. The commitment of a cross-departmental staff team for project assistance, including:
i. P&R staff for in-house work to fill consultant funding gap; possibilities include implementation
of communications plan (social media, graphics, outreach at events and activities, etc.)
ii. CDD staff for project management;
iii. Project intern for park and facility inventory and assessment work;
iv. PW and Facilities staff for park and facility assessment assistance;
v. GIS staff for providing layers for mapping and analysis;
vi. Natural Resources and Active Transportation staff to ensure consistency and compatibility
with goals and policies for passive recreation and multiuse paths.
4. There will be a collaborative dialogue with available, wide-ranging stakeholders.
5. There will be broad public input upfront and throughout, within the scope of the project.
6. The consultant team will be a good fit for the community; able to integrate ideas from a variety of
sources and able to put in the time to do it right.
7. The team can get the information and data they need.
8. The plan will consider the goals and objectives of the 2020 Parks and Recreation Strategic Plan and
guide future Strategic Plan updates
9. The plan will consider recommendations from the Public Art Master Plan, the Downtown Concept
Plan, the Mission Plaza Concept Plan, the Open Space Maintenance Plan and the Open Space Vision
Plan, Saving Special Places Forever, and other related documents.
10. The plan will address both active and passive recreation. Per the General Plan, “The City will
consider allowing passive recreation where it will not degrade or significantly impact open space
resources and where there are no significant neighborhood compatibility impacts, in accordance
with an approved open space conservation plan. Passive recreation activities may include: hiking,
nature study, bicycle use, rock climbing, horseback riding or other passive recreational activities as
permitted and regulated in the Open Space Ordinance (COSE 8.5.5).”
11. The plan will address multiuse path needs in terms of connectivity to parks, facilities and open
space, and coordinate with the development of the Active Transportation Plan as appropriate.
Packet Pg 41
4
City of San Luis Obispo
Specification No. 91635
-6-
PROJECT ADVISORY BODY
The Parks and Recreation Commission (PRC) will serve as the project advisory body. The PRC will serve
this role, as they are the commission that advises the City Council on park development and recreation
programs and provides general guidance to the Parks and Recreation Department. There will be a
standing project update at each monthly PRC meeting to keep the Commission apprised of project tasks
and upcoming deliverables. Approximately every other month the PRC will review project deliverables
and provide more detailed input and direction as necessary.
The consultant should include at least seven meetings with the PRC as part of their project proposal as
shown in the project tasks and schedule.
OTHER ADVISORY BODY REVIEW
The Planning Commission is the Advisory Body responsible for reviewing and recommending the City’s
long-range plans to the City Council, most notably the City’s General Plan. As such, the Planning
Commission and City Council will each review and provide input on components of the project three
times – the Draft Community Needs Assessment, the Draft Master Plan and Element Update, and at the
end of the project for final review and adoption. The consultant should include these meetings in their
project proposal.
Other City advisory bodies will also review and provide input on the draft plan, including but not limited
to the Cultural Heritage Committee, Jack House Committee, and Bicycle Advisory Committee. Additional
meetings will be scheduled as necessary, and will likely be handled by staff.
B. SCOPE OF WORK
PROJECT OBJECTIVES
The primary objectives for the project are to assess the existing parks and recreation facilities in the City;
identify the community’s needs, including levels of service and geographic service area deficiencies; and
update goals, policies and programs that relate to providing parks and recreation services within the
City.
PLANNING PROCESS
The planning process will include four major components:
1. Setting the Stage & Planning Framework
2. Determining Community Needs
3. Developing the Parks and Recreation Master Plan (Plan)
4. Updating the General Plan Parks and Recreation Element (Element)
These project components are described below, then detailed further in the Project Tasks and
Schedule, beginning on page 10.
Packet Pg 42
4
City of San Luis Obispo
Specification No. 91635
-7-
1. Setting the Stage & Planning Framework
The project will kick off with consultant review of background information, including City data,
documents, plans, and agreements to ensure an understanding of the scope and context of the
project. The consultant will also develop a detailed community engagement plan in coordination
with staff and input from the PRC (further described on page 9). The consultant will then begin the
development of the project planning framework through in a series of meetings with the staff
team, PRC, City Council members and other interested stakeholders. The planning framework
process should be included as a component of the community engagement strategy. The planning
framework may include discussion of core values, vision, mission, goals, policy and program
categories and performance measures, and will set the stage for the work ahead. The consultant
will develop a draft framework that will be refined as the project progresses.
2. Determining Community Needs
To develop a solid foundation for the Plan, a Community Needs Assessment will be developed with
the following components:
a) Community Engagement
b) Park and Facility Analysis
c) Recreation Services Analysis
d) Management and Operations Analysis
These components are further described below:
a) Community Engagement will be a critical part of the Community Needs Assessment. Early input
will be solicited from stakeholders and residents regarding their needs, preferences and
priorities related to parks, facilities, and programs and activities, including active and passive
recreation. Engagement activities such as open houses, workshops, focus groups, interviews,
intercept surveys and online surveys will be planned to ensure the participation of a diverse
cross-section of the population, from youth to seniors, as well as diversity of participants, from
people with disabilities to organized sports leagues. The consultant will summarize the public
engagement findings to be used in conjunction with the analysis below.
b. The Park and Facility Analysis will help plan for future needs by understanding the City’s current
parks, facilities and open spaces, including active and passive recreation opportunities that are
available to residents.
The first step, a park, facility and open space inventory and assessment (documentation of the
type, number, and condition of parks and recreation facilities in the planning area) will be
developed in house and will be provided to the consultant to be used in the Park and Facility
Analysis which will include, at a minimum:
o A demographic profile and description of the planning area;
o Park and facility classifications and definitions;
o Park and facility standards analysis--analyzing the ratio of parks, facilities and open
space areas to population (current level of service), and anticipated need based on
Packet Pg 43
4
City of San Luis Obispo
Specification No. 91635
-8-
population projections; evaluating level of service in comparable communities; updating
park and facility standards
o Maps to show existing parks, facilities and open spaces, and geographic service areas to
illustrate areas underserved by parks and facilities; and
o Summary of assessment of current parks, facilities and future needs to provide a basis
for the development of policies and programs.
c. The Recreation Services Analysis will look at recreation programs and services data provided by
the City and other providers, recreation use findings from public engagement activities, and
state and national trends. Recreation service needs will be identified for the next 20 years,
which will provide a basis for the development of policies and programs.
d. The Management and Operations Analysis will look at the cost of operating and maintaining
the City’s parks, facilities and open space including its operating budget, and maintenance costs
by type of park, facility, and open space to develop findings related to the costs to operate and
maintain future parks, facilities and open spaces.
3. Developing the Plan
In the second phase of the planning process, recommendations and priorities will be developed for
acquiring, developing, improving and managing parks, facilities and open spaces for active and
passive recreation, and recreation programs and services in the City over the next 20 years.
The consultant will evaluate input and develop updated goals, policies and programs based on the
Community Needs Assessment results and input from staff, the Parks and Recreation Commission,
the general public, other advisory bodies and stakeholder groups.
The plan will also include plan map(s); a prioritized implementation list/capital improvement plan
that includes order-of-magnitude cost estimates; projected operational costs of implementing the
capital projects proposed; and funding strategies to aid in implementation. Performance measures
may be developed to assist in evaluating the success of plan implementation.
After thorough opportunities for the public to review proposed recommendations and priorities, a
Draft Parks and Recreation Master Plan will be developed for the public and advisory body review
and adoption by the City Council.
Consultants will also be responsible for reviewing the Draft Plan for compliance with the California
Environmental Quality Act. Consultants will be responsible for developing an Initial Study. Further
work on environmental review, including preparation of a Mitigated Negative Declaration (likely)
will be completed by staff prior to final adoption of the updated Parks and Recreation Master Plan
and Element.
Packet Pg 44
4
City of San Luis Obispo
Specification No. 91635
-9-
4. Updating the Parks and Recreation Element
The Parks and Recreation Element will be developed concurrently with the Parks and Recreation
Master Plan—the Element is assumed to be all or a portion of the Master Plan. The Community
Needs Assessment will be included as an appendix or technical supplement to the Element.
Concurrent with or immediately following adoption of the Parks and Recreation Master Plan the
Council will adopt the updated Parks and Recreation Element. It is assumed to be the same review
process for both components; details will be refined as part of the consultant selection process.
PROJECT DELIVERABLES
The consultant will provide:
✓ Community Needs Assessment Report
✓ Updated Parks and Recreation Master Plan and Map(s)
✓ Environmental analysis (Initial Study)
✓ Updated Parks and Recreation Element of the General Plan
COMMUNITY ENGAGEMENT PLAN
An early task in the project will be developing a detailed Community Engagement Plan in coordination
with staff. As described on page 7, early Community Engagement will be a critical part of the
Community Needs Assessment. Input will be solicited from stakeholders and residents regarding their
needs, preferences and priorities related to parks, facilities, open space, programs and activities,
including active and passive recreation. Engagement activities will be planned to ensure the
participation of a diverse cross-section of the population including both users and non-users of City
facilities and services.
As the plan is developed, stakeholders will be re-engaged to provide input along the way. The
communication objective will be to collaborate with the community. This includes an interactive process
where the project team partners with the public to identify needs, preferences and priorities, and
identify preferred solutions (see the City’s Public Engagement and Noticing Manual for more
information).
In the proposal, the consultant should clearly explain how they plan to reach the community, including
different techniques for implementing an on-line statistically valid survey. The specific type of
engagement activities, and clearly defined staff and consultant responsibilities, should be described.
Creativity in public engagement is encouraged. It is understood that with the limited budget staff will be
active participants in soliciting community engagement, and the public engagement plan will be further
refined after consultant selection.
Components of the community engagement plan may include the following:
Packet Pg 45
4
City of San Luis Obispo
Specification No. 91635
-10-
Engagement Activity: Responsibility:
Project logo and branding consultant lead
Social media communications plan consultant plan; staff
implement
Project materials for meetings and events e.g., flyers, boards consultant
Project E-updates—email outreach to generate interest, solicit participation,
and develop mailing list
staff
Media Outreach—news releases on project milestones and events staff
Special event cross marketing—distribution of project materials and intercept
surveys at special events
staff
City web page/project page development and maintenance staff
Project videos to post on project page and elsewhere staff
Open City hall questionnaires or strategic questions consultant lead/staff
implement
Statistically valid online survey: web-based, with broad
distribution/publicity/incentives to ensure high participation and diverse
representation
consultant lead/staff
support
Stakeholder focus groups and/or interviews consultant lead/staff
support
City-wide workshop/open house (at least 3) consultant lead/staff
support
Neighborhood park pop-up events/outreach to schools for youth participation,
etc. depending on the phase of the project and the input needed
Varies-please propose
C. PROJECT SCHEDULE
Assumptions:
• If a consultant prefers a different approach to the project tasks and schedule, we welcome their
suggestions in the project proposal, with accompanying explanation for doing so.
• Park and Recreation Commission (PRC) input is called out at key deliverables. There are seven (7)
PRC meetings the consultant should attend. The PRC meets the first Wednesday of the month.
• Planning Commission and City Council review will happen three times during the project and the
consultant should attend those meetings.
• Other advisory body review may be added, as needed.
• The consultant will hold regular (weekly) phone meetings with the project manager, but they are
not called out in the schedule.
• The consultant will prepare the Initial Study, and staff will complete the environmental review.
• Text in red assumes consultant is not (or minimally) involved in that task;
• It is understood that the project tasks and schedule may be adjusted based on consultant feedback
when the contract is finalized.
Packet Pg 46
4
City of San Luis Obispo
Specification No. 91635
-11-
TASK A: Project Planning and Initiation
A1. City Council (CC) RFP authorization Nov 7, 2017
A2. Post and Distribute RFP; responses due Nov 10-Dec 7
A3. Review/evaluate consultant proposals and set up interviews Dec 8-21, 2017
A4. Interviews; selection and contracting; finalize scope and work plan Jan 5-Feb 8, 2018
TASK B. Setting the Stage & Planning Framework
B1. Project kickoff; consultant review of background data, docs, plans, agreements, etc. Feb-Mar, 2018
B2. Community Engagement Plan developed + PRC approval Feb-Mar, 2018
B3. Initial Planning framework development + PRC input (1)1 Mar-Apr, 2018
TASK C. Community Needs Assessment
Public Engagement to Determine Community Needs:
C1. Develop Focus group lists; schedule; develop questions April 2018
C2. Stakeholder focus groups: wide-ranging representation and various locations April 2018
C3. Survey development Apr-May, 2018
C4. Project kickoff public workshop(s) May 2018
C5. Online Survey Open May-July, 2018
C6. Promote Survey and Pop-Up Events--intercept surveys, postcards, City activities, etc. May-July, 2018
C7. Summary of needs assessment engagement findings + PRC review Aug 1-Sep 5, 2018
Park and Facility Analysis:
C8. Park and facility inventory and assessment-type, number and condition + PRC input Oct-Apr 5, 2018
C9. Existing conditions analysis-demographic profile, planning area, existing resources April 2018
C10. Park and facility classifications and definitions April 2018
C11. Park and facility standards analysis/level of service recs + PRC input (2) May-June, 2018
C12. Geographic/density analysis-existing resources and underserved areas + PRC input May-June, 2018
C13. Summary of park and facility analysis findings + PRC input (3) July-August, 2018
1 (#) This is a PRC meeting consultant should plan to attend—seven total.
Packet Pg 47
4
City of San Luis Obispo
Specification No. 91635
-12-
Recreation Services Analysis:
C14. Data collection of rec programs and services; national trends June-July, 2018
C15. Analysis of above with recreation use findings from public engagement August 2018
Management and Operations Analysis:
C16. Data collection and analysis of cost of operating parks, open spaces and facilities July-August, 2018
Synthesis of Results:
C17. Development of Draft Community Needs Assessment Report Aug-Oct, 2018
C18. Public workshop(s) on Draft Community Needs Assessment September 2018
C19. PRC study session on Draft Community Needs Assessment (4) Oct 3, 2018
C20. PC study session on Community Needs Assessment (could be joint with PC or CC) Wk of Oct 5, 2018
C21. CC study session on Draft Community Needs Assessment Wk of Oct 12, 2018
C22. Finalize Community Needs Assessment November 2018
TASK D. Master Plan Development and Element Update
D1. Update goals, policies, programs based on CNA Nov-Dec, 2018
D2. Development of Draft Plan maps Nov 2018-Jan 2019
D3. Review of draft plan components and prioritization exercise + PRC study session (5) Dec 5, 2018
D4. Refinement of draft prioritized implementation list + PRC input Dec 2018-Feb 2019
D5. Development of draft Capital Improvement Plan with cost estimates + PRC input (6) Feb-Apr, 2019
D6. Development of draft operational cost estimates for future improvements Feb-Apr, 2019
D7. Final Draft Plan Development Apr-June, 2019
D8. Draft Plan Public Workshop(s) June 2019
D9. CHC, Jack House, BAC, PRC (7), PC, CC review June-Aug, 2018
D10. CEQA review; preparation of Initial Study; preparation of MND (likely) Dec, 2018-Nov, 2019
TASK E. Master Plan and Element Adoption
E1. Final Draft Master Plan and Element Update Sep-Nov, 2019
E2. Public Hearings: PRC, PC, CC Sep-Nov, 2019
Packet Pg 48
4
City of San Luis Obispo
Specification No. 91635
-13-
PLAN FORMAT
The update of the Park and Recreation Master Plan and Element shall consider effective visual
communication of the physical aspects of policy direction to be of utmost importance. The document
shall include concise explanatory text and be highly engaging and visually appealing. Proposers should
review the format of the current plan and provide recommendations for the updated format to ensure it
best meets the needs of the community; including what components to include in the Master Plan and
Element. The Master Plan and Element are expected to be user-friendly, concise and written in a
manner easily understood by the public, with maps and exhibits graphically representing parks and
recreation needs and recommendations and easily understood in print and electronic formats.
D. PROJECT BUDGET
A budget of $135,000 is allocated for consultant services for this project.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for Proposals
(RFP) specifications package. By virtue of its proposal submittal, the bidder acknowledges
agreement with and acceptance of all provisions of the IFB/RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In
order to guard against premature opening, the proposal should be clearly labeled with the
proposal title, specification number, name of bidder, and date and time of proposal opening.
No FAX or emailed submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the
Packet Pg 49
4
City of San Luis Obispo
Specification No. 91635
-14-
spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures.
The Proposal Submittal Form(s) must be totally completed. If the unit price and the total
amount stated by any bidder for any item are not in agreement, the unit price alone will be
considered as representing the bidder’s intention and the proposal total will be corrected to
conform to the specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder
unopened. No proposal received after the time specified or at any place other than that stated
in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be
opened and declared publicly. Bidders or their representatives are invited to be present at the
opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-
proposal to a bidder submitting a proposal, or who has quoted prices on materials to such
bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other bidders submitting proposals.
7. Cooperative Purchasing. During the term of the contract, the successful bidder will extend all
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their
place of business, and will be directly billed by the successful bidder.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-
substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the “special terms and conditions” in Section C of these specifications
for proposal evaluation and contract award criteria.
10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by
mail to it at the address given in its proposal. The contract shall be made in the form adopted
by the City and incorporated in these specifications.
Packet Pg 50
4
City of San Luis Obispo
Specification No. 91635
-15-
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the
City’s business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with any and all federal, state, county, city,
and special district laws, ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor’s operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
Packet Pg 51
4
City of San Luis Obispo
Specification No. 91635
-16-
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City’s sole option, be extended for such periods as may be
agreed upon by the City and the Contractor. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
24. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City’s inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in
the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
28. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold
the City and its agents, officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including
injury to Contractor's employees, agents or officers which arise from or are connected with or
are caused or claimed to be caused by the acts or omissions of Contractor, and its agents,
officers or employees, in the performance of all obligations under this Agreement, and all
expenses of investigating and defending against same; provided, however, that Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or employees.
Packet Pg 52
4
City of San Luis Obispo
Specification No. 91635
-17-
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City.
30. Termination for Convenience. The City may terminate all or part of this Agreement for any or
no reason at any time by giving 30 days written notice to Contractor. Should the City terminate
this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-
shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total
purchase price; (b) for custom products, the less of a reasonable price for the raw materials,
components work in progress and any finished units on hand or the price per unit reflected on
this Agreement. For termination of any services pursuant to this Agreement, the City’s liability
will be the lesser of a reasonable price for the services rendered prior to termination, or the
price for the services reflected on this Agreement. Upon termination notice from the City,
Contractor must, unless otherwise directed, cease work and follow the City’s directions as to
work in progress and finished goods.
31. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor
in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days
specified in the notice, such shall constitute a breach of the contract and the City may terminate
the contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except, however, any and all obligations of the Contractor’s surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the terminations
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in
the Agreement payment schedule; compensation for any other work, services or goods
performed or provided by the Contractor shall be based solely on the City’s assessment of the
value of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit
a full and complete accounting of costs. In no event, however, shall the Contractor be entitled
to receive in excess of the compensation quoted in its proposal.
Packet Pg 53
4
City of San Luis Obispo
Specification No. 91635
-18-
F: SPECIAL TERMS AND CONDITIONS
ENGINEERING, ARCHITECTURAL AND ENVIRONMENTAL SERVICES
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
Qualifications
d. Experience of your firm and those of sub-consultants in performing community-wide
Parks and Recreation Master Plans, and General Plan Element updates.
e. Resumes of the individuals who would be assigned to this project, including any sub-
consultants, with their corollary experience highlighted and specific roles in this project
clearly described.
f. Standard hourly billing rates for the assigned staff, including any sub-consultants.
g. Statement and explanation of any instances where your firm or sub-consultant has been
removed from a project or disqualified from proposing on a project.
Work Program
h. Detailed description of your approach to completing the work.
i. Tentative schedule by phase and task for completing the work. Do not simply cut and
paste the project schedule in the RFP.
j. Estimated hours for your staff in performing each phase and task of the work, including
sub-consultants, so we can clearly see who will be doing what work, and how much time
it will take.
k. Services or data to be provided by the City.
l. Services and deliverables provided by the Consultant(s).
m. Any other information that would assist us in making this contract award decision.
n. Description of assumptions critical to development of the response which may impact
cost or scope.
Proposal Length and Copies
o. Proposal length is not limited to a number of pages, however should only be as long as
required to be responsive to the RFP, including attachments and supplemental materials.
p. Eight copies of the proposal must be submitted along with one digital copy on a USB drive.
q. Two-sided printing is required.
2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review
committee and contract award process as follows:
Packet Pg 54
4
City of San Luis Obispo
Specification No. 91635
-19-
Phase 1 – Written Proposal Review/Finalist Candidate Selection
The proposals will be evaluated based on the following criteria as evidenced in their written
proposals:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent team experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References.
g. Background and experience of the specific individuals to be assigned to this project.
h. Proposed compensations.
Phase 2 – Oral Presentations/Interviews and Consultant Selection (at City’s option)
At the City’s discretion, a group of finalist candidates may be asked to provide an oral
presentation to the review committee and answer questions about their proposal. The purpose
of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about
the proposal; and to evaluate the proposer’s ability to clearly and concisely present information
orally. After evaluating the proposals and discussing them further with the finalists or the
tentatively selected contractor, the City reserves the right to further negotiate the proposed
work scope and/or method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value
for completing the work scope as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews and
presentations phase; and proposed compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 11/9/17
b. Pre-Proposal Conference (optional) 11/28/17
c. Receive proposals 12/7/17
d. Complete proposal evaluations 12/21/17
e. Conduct finalist interviews 1/9/18
f. Finalize staff recommendation 1/15/18
g. Execute contract 2/9/18
h. Start work 2/9/18
4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding
this RFP:
Council Hearing Room
City Hall, 990 Palm Street, San Luis Obispo CA 93401
Tuesday, November 28, 2017 from 12-1 pm
Packet Pg 55
4
City of San Luis Obispo
Specification No. 91635
-20-
5. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
6. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Contractor without the prior written approval of the City.
7. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for
the costs of duplicating of such copies at the Contractor's direct expense.
8. Required Deliverable Products. The Contractor will be required to provide:
a. One print-ready and one digital-ready original .pdf of all final documents.
b. Corresponding computer files compatible with the following programs whenever
possible unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the
alternatives, and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
Packet Pg 56
4
City of San Luis Obispo
Specification No. 91635
-21-
BID SPECIFICATION LIMITS
10. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Proposers
are cautioned to undertake an independent analysis of any test results in the specifications, as
City does not guaranty the accuracy of its interpretation of test results contained in the
specifications package. In preparing its proposal, the proposer and all subcontractors named in
its proposal shall bear sole responsibility for proposal preparation errors resulting from any
misstatements or omissions in the plans and specifications that could easily have been
ascertained by examining either the project site or accurate test data in the City's possession.
Although the effect of ambiguities or defects in the plans and specifications will be as
determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to
inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the proposer. An ambiguity or defect shall be considered patent
if it is of such a nature that the proposer, assuming reasonable skill, ability and diligence on its
part, knew or should have known of the existence of the ambiguity or defect. Furthermore,
failure of the proposer or subcontractors to notify City in writing of specification or plan defects
or ambiguities prior to proposal submittal shall waive any right to assert said defects or
ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not
be liable for costs incurred by the successful proposer to achieve the project’s objective or
standard beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore
described written notice within one (1) working day of contractor's becoming aware of the facts
giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the
defect or ambiguity in the plans or specifications concerning the dispute.
Packet Pg 57
4
City of San Luis Obispo
Specification No. 91635
-22-
SECTION G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for an update to the Parks and Recreation Master
Plan and Parks and Recreation General Plan Element, per Specification No. 91635 (project); and
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Specification No. 91635 and Consultant’s proposal
dated [date], are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay and Contractor shall receive therefore compensation in a total sum not to exceed
$135,000.00. Consultant shall be eligible for compensation installments after completion of milestone
Tasks A-E as shown in the attached project schedule.
4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to
do everything required by this Agreement and the said specifications.
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.
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
Packet Pg 58
4
City of San Luis Obispo
Specification No. 91635
-23-
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Shelly Stanwyck
Parks and Recreation Director
919 Palm Street
San Luis Obispo, CA 93401
Consultant Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO:
________________________________ By:_____________________________________
City Clerk City Manager
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
Packet Pg 59
4
City of San Luis Obispo
Specification No. 91635
-24-
SECTION H: INSURANCE REQUIREMENTS
Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
Packet Pg 60
4
City of San Luis Obispo
Specification No. 91635
-25-
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Packet Pg 61
4
City of San Luis Obispo
Specification No. 91635
-26-
SECTION I: PROPOSAL SUBMITTAL FORMS
Consultants
The undersigned declares that she or he has carefully examined Specification No. 91635, is thoroughly
familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the
specified work for the following cost quoted in full:
Description Cost
Task B1.
Task B2.
Task B3.
Task C1.
Etc.
Etc.
Other Costs (please specify)
TOTAL COSTS $
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Packet Pg 62
4
City of San Luis Obispo
Specification No. 91138
-27-
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Packet Pg 63
4
City of San Luis Obispo
Specification No. 91138
-28-
Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Packet Pg 64
4
City of San Luis Obispo
Specification No. 91138
-29-
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
Packet Pg 65
4
Page intentionally left
blank.
Packet Pg 66
4
Meeting Date: 11/7/2017
FROM: Deanna Cantrell, Chief of Police
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: FY 2017-18 APPLICATION FOR DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL AND THE OFFICE OF TRAFFIC SAFETY LOCAL
ENFORCEMENT GRANT
RECOMMENDATION
1. Authorize the Police Department to accept a grant award from the Department of Alcoholic
Beverage Control and the Office of Traffic Safety for FY 2017-18 not to exceed $16,000; and
2. Authorize the Chief of Police to execute all grant related documents and authorize the Finance
Director to make the necessary budget adjustments upon the award of the grant.
DISCUSSION
The Department of Alcoholic Beverage Control and the Office of Traffic Safety have teamed up
with the National Highway Traffic Safety Administration to offer grant awards to local law
enforcement agencies. Agencies are required to utilize the Minor Decoy Program, Shoulder Tap
Program, and IMPACT (Informed Merchants Preventing Alcohol Related Crime Tendencies)
Inspections. Overall, the primary goal of this project is to reduce underage access/consumption
of alcohol and to prevent adults from furnishing alcoholic beverages to minors.
Proposal for Funding
Staff submitted a letter of interest seeking grant funding for overtime reimbursement for exist ing
officers to conduct the following grant related activities:
1. Shoulder Tap operations: Officers will conduct operations of licensed establishments
in order to discourage the purchase of alcohol for minors by adults.
2. Minor Decoy: Licensed establishments shall be checked for compliance of lawful
sales through the use of minor decoys.
3. IMPACT: Officers will conduct prevention and education programs for employees of
licensed establishments; present information pertaining to their responsibility and
accountability associated with the sale of alcohol.
ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under the California Environmental
Quality Act and are not subject to its regulations.
Packet Pg 67
5
FISCAL IMPACT
There is no impact on the City’s General Fund associated with this action. City matching funds
are not required for this grant, and all grant related activities will be conducted using existing
officers on overtime. Grant funding is not awarded up front; staff is responsible for submitting
quarterly reimbursement requests based on overtime expended on grant activities during the
reporting period.
Per Section 740 of the City’s Financial Management Manual, City Council must approve all
grant applications in excess of $5,000. Due to timing constraints, department staff submitted the
letter of interest prior to receiving Council approval. The Police Department has since received
notification informing our agency of a grant award in the amount of $16,000. If Council does
not agree with staff’s recommendation, the department will not accept the funding.
ALTERNATIVE
Council may direct staff to not to accept the ABC-OTS grant funding. Staff does not recommend
this alternative as the funding will enhance the Police Department’s efforts in addressing alcohol-
related problems and reducing underage drinking.
Packet Pg 68
5
Meeting Date: 11/7/2017
FROM: Daryl R. Grigsby, Director of Public Works
Carrie Mattingly, Director of Utilities
Prepared By: Timothy S. Bochum, Deputy Director of Public Works
Isaac Shuck, Fleet Maintenance Supervisor
Dave Hix, Deputy Director - Wastewater
SUBJECT: VEHICLE & EQUIPMENT SURPLUS DESIGNATION AND
AUTHORIZATION OF SALE
RECOMMENDATION
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.
DISCUSSION
Staff has identified the following vehicles and equipment, meeting the criteria for surplus, in
accordance with the City’s Financial Management Manual Sections 405-L, 480-A and 480-B.
The items listed below have been replaced or are no longer used and are ready to be designated
as surplus. These items have an estimated value in excess of $1,000 each and therefore require
City Council approval before they can be considered surplus and sold.
No. Asset No. Description Program
1 0402 2003 Chevrolet S-10 Pickup Utilities/ Water Conserv.
2 0409 2003 Toyota RAV4 SUV PW/ Parking
3 0918 2002 Cart-Away MT1 Concrete Mixer Utilities/ WWC
4 Dionex ICS-3000 Chromatography System Utilities/ Water Quality Lab
5 (Qty 2) Hach AutoCat 9000 Titrators Utilities/ Water Quality Lab
6 (Qty 2) Market Forge STM-E Autoclaves Utilities/ Water Quality Lab
The vehicles and equipment listed above have been removed from the active service. It is important
that these items are sold as soon as possible due to on-going depreciation and the costs associated
with maintaining in a condition adequate for sale.
CONCURRENCE
The Finance Department concurs with the staff recommendation.
FISCAL IMPACT
Staff anticipates the sale of these surplus items may generate approximately $50,000 in revenue
after any associated advertising or auction fees. Funds generated by the sale of surplus items
supported by enterprise funds will be returned to the applicable enterprise fund and to the Fleet
Packet Pg 69
6
Replacement Fund.
ALTERNATIVE
Deny Surplus designation and sale. The City Council could reject the surplus designation
request and direct staff to pursue vehicle rehabilitation and reutilization of the equipment. Staff
does not recommend this option because these vehicles and equipment have been replaced and
serve no purpose once designated as surplus. If these items are not sold, the City will continue to
incur costs associated with maintenance, storage, and depreciation.
Attachments:
a - Disposing of Surplus Units - Section 405-L Procedures
b - Surplus Personal and Unclaimed Property Policy - Section 480-A
c - Auction Firm Services - Section 480-B
Packet Pg 70
6
405-17
Section 405-L: Procedures
DISPOSING OF SURPLUS UNITS
1. When a unit is replaced or otherwise permanently removed from service, report to
Accounting that it is surplus and available for sale.
2. Include in each such report the following information for each unit reported:
City identification number (e.g., 9901)
Vehicle identification number (VIN)
License number
Model year (e.g.,2005), make (e.g., Ford), and model (e.g., F-350)
Description (e.g., one-ton truck)
Assigned department (e.g., Public Works)
Assigned program (e.g., Signal and Light Maintenance)
Acquisition year (e.g., 2004-05)
Estimated surplus value
Basis of estimated surplus value (e.g., blue book, previous auction proceeds)
Current odometer or hourmeter reading
Justification for replacement
Current location
Authorization to surplus (e.g., budget document that authorized replacement or
other Council authorization to replace or dispose of the unit)
3. Finance Division will dispose of surplus vehicles in accordance Section 480 of the
Finance Management manual.
ATTACHMENT 1
Packet Pg 71
6
480-10
Section 480-B
AUCTION FIRM SERVICES
OVERVIEW
To reduce staff time in the sale and disposal of property, to reduce the amount of space being
used to store surplus and unclaimed property, to improve the process of estimating the value of
surplus property, and to maximize the value of return on surplus property, the Department of
Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal
of personal property, consumable supplies and unclaimed property on an "as available basis"
after authorization is given by the Council or the Director of Finance & IT to sell or dispose of
City property.
The policies and procedures provided below in conjunction with the City's auction firm will
provide the staff with the opportunity to systematize the sale and disposal of this property.
AUCTION FIRM RESPONSIBILITIES
The following responsibilities will normally be assigned to the City's auction firm by Agreement
between the City and the firm selected:
A. The auction firm will be required to pickup any and all "marketable" surplus property by
consignment and deliver this property to their premises where it shall be inventoried,
sorted, identified, and catalogued. An auction will be conducted within 30 days of
receipt of property and supplies.
B. The auction firm will make the necessary arrangements for offering the property for sale
by auction to the most qualified buyers to obtain the highest return possible. The auction
firm will advertise the auction in a manner that will obtain the maximum participation by
the public in at least one newspaper of general circulation in the City of San Luis Obispo
for a minimum of five days prior to a scheduled auction.
C. The property consigned to the auction firm will remain the property of the City until sold
or disposed in accordance with these procedures.
D. Property not sold at auction will be disposed by on of the following methods:
1. Consignment to a sub-contractor specializing in unique or special equipment and
material for which there is no local market.
2. Direct sale to a buyer of unique or special equipment and material for which there
is no local market.
3. By sale as salvage to a local dealer or any recycling firm.
4. By destruction at an appropriate landfill site and certification thereto.
5. Returned to the City.
E. The material and equipment not sold at auction will be disposed of by one of the methods
described above within 15 days from the date offered at auction. For the purpose of these
ATTACHMENT 1
Packet Pg 72
6
Section 480-A
SURPLUS PERSONAL AND UNCLAIMED PROPERTY POLICY
OVERVIEW
This policy addresses the procedures for the disposal of surplus personal property, unclaimed
property, consumable supplies, and junk. The policies and procedures for the disposal or sale of
surplus real property, abandoned property and resale inventory are provided in other policy
documents.
In preparing this policy, not all issues or exceptions could be anticipated. Accordingly, the
guidance given in this policy does not relieve Staff from exercising good judgment in their
stewardship of the City's property resources. Whenever there is a question or doubt between the
guidance provided in this policy and the good judgment expected of a prudent person, good
judgment should always be the prevailing standard, with this policy as a minimum standard.
LEGISLATIVE POLICY
A. Surplus Property
Section 906 of the City Charter provides that the Council must approve the sale of
surplus property (real or personal) with an estimated value greater than $1,000.
B. Unclaimed Property
1. Chapter 3.32 of the City Municipal Code provides for the disposal of unclaimed
property by the Chief of Police. This property must be held for a minimum of
four months and notice of sale must be given at least five days prior to sale by
publication in a newspaper of general circulation. Property not sold may be
destroyed by the Police Department after public auction.
2. Sections 2080.4 and 2080.6 of the Civil Code requires any person finding
property valued at $10.00 or more to turn the property over to the Police
Department within a reasonable time, stating when and where the property was
found and providing a description of the property. If the property was saved, a
statement is required from the "finder" describing:
a.From what and how it was saved.
b. Whether the owner of the property is known to the "finder".
c.That the property has not been secreted, withheld, or partially disposed.
480-1
ATTACHMENT 2
Packet Pg 73
6
Surplus Personal and Unclaimed Property Policy
ADMINISTRATIVE POLICY
A. The Director of Finance & Information Technology (IT) is authorized to declare as
surplus those items of personal property and consumable supplies estimated to be less
than $1,000 in value; Council approval is required to declare personal and consumable
supplies as surplus with a value of $1,000.
B. Department Heads are authorized to approve the disposal of property that is essentially
without value due to technical obsolescence or its unrepairable (or economically
unrepairable) condition. Department Heads may dispose of such junk property in the
manner they deem most appropriate, consistent with other rules, regulations, and the
City's ethics policy.
C. Generally, estimating the value of surplus property is made by the Department Head or
designated representative. In unique and unusual cases, Finance will assist Departments
in estimating the value of property by using the City's auction firm to provide a
professional estimate. However, in all cases, the Department Head must approve in
writing the estimated value of the property to be sold or otherwise disposed.
D. The Director of Finance & IT is authorized to sell, transfer, trade, or otherwise dispose of
surplus personal property, consumable supplies, or unclaimed property in the most cost
effective manner. Normally the sale of this property will be at auction with a firm
contracted to provide the following services:
1. Sell and dispose of personal property, consumable supplies and unclaimed
property at auction.
2. Provide professional estimates as to the value of personal property and
consumable supplies when required.
3. Assist in the sale of unique or special property and consumable supplies that
requires the use of a "specialty house" to sell or dispose of the property.
4. Dispose of unsaleable property, supplies and equipment at an approved disposal
site.
E. The Director of Finance & IT may dispose of surplus property and supplies by transfer to
another local government agency or non-profit organization based on the
recommendation of a Department Head. Although there may be circumstances where it
is appropriate to make such transfer without compensation, cash or in-kind services
should generally be received in an amount equal to or greater than the estimated value
provided by the City's auction firm or the Department Head. In the case of vehicles, "low
blue book value" may also be considered.
F. When it is a normal business practice, trade value should be obtained to determine the
most cost effective method of disposal and as a standard by which to evaluate the
services of the City's auction firm. There may be circumstances when trade value of
480-2
ATTACHMENT 2
Packet Pg 74
6
Surplus Personal and Unclaimed Property Policy
property may exceed auction value, in which case the Director of Finance & IT may
authorize the trade of surplus property versus sale at auction based on the
recommendation of the appropriate Department head.
G. Advertising the sale of the City's property and unclaimed property will be made by the
City's auction firm in accordance with these procedures, the Auction Services
Agreement, and legislative policy. Accordingly, the advertising must disclose that the
property for sale at auction is either the surplus property of the City of San Luis Obispo
or is unclaimed property in the possession of the City and it must state the date and time
of sale. Property sold at auction will be advertised at least five days in a newspaper of
general circulation in the City of San Luis Obispo.
H. Property determined to be unclaimed by the Chief of Police may be sold at public auction
in accordance with these policies and procedures under the following conditions:
1. It is a thing which is commonly the subject of sale.
2. The owner cannot (with reasonable diligence) be found.
3. The owner, if identified, refuses to pay the reasonable charges incurred by the
City for storing and safeguarding of the property.
PROCEDURES
A. Surplus Personal Property and Consumable Supplies
1. Department Heads will identify personal property and supplies that are surplus to
their needs and notify the Director of Finance & IT by Memorandum to sell or
dispose of property identified, in accordance with City policy and procedures.
The property to be declared surplus will be listed and include the City Asset
Number (if applicable), a descriptive name of the property, quantity, pickup
location, estimated value, and name of the contract person with their extension
number. Separate memorandums must be prepared for property estimated to
exceed $1,000 in value and for property estimated to be less than $1,000 in value.
The memorandum (or listing) must indicate why the property is no longer
required.
2. Department Heads may request that Finance assist them in estimating the value of
personal property and consumable supplies. In such instances, Finance may
request the services of the City's auction firm in estimating these values.
However, these services are limited and should not be used except for unique and
unusual property.
3. Special handling will be required for the disposal of toxic and hazardous
materials, and should be coordinated with the City's Fire Department.
480-3
ATTACHMENT 2
Packet Pg 75
6
Surplus Personal and Unclaimed Property Policy
I. After receipt of a request to dispose of personal property and consumable supplies
from a Department Head, Finance will circulate the list of property to other City
Departments as an advisory memorandum. The property listed may be claimed
by other Departments on a first come first serve basis. After 10 days from the
date of the advisory memorandum, this listing will be forwarded to the Housing
Authority, San Luis Coastal Unified School District, and United Way for their
information. If none of these agencies expresses interest in the remaining
property items within 10 days of receiving the listing, then the property will be
consigned to the City's auction firm for sale or other method of disposal as
determined by the Director of Finance & IT. Except in unusual circumstances,
surplus property will generally remain on site pending its final disposition. This
means that it is the responsibility of the interested party to make arrangements
with the disposing department to view the property, discuss its condition, and
coordinate any terms of transfer such as price, timing, and transportation.
J. For property with a value of $1,000 or more, the Director of Finance & IT will
prepare an Agenda Report for Council approval to declare the property as surplus
after review by the operating departments as described above and prior to the
consignment of property to the City's auction firm.
B. Evidence
The provisions of this policy do not address the disposal of property which is classified
as evidence. Evidence is governed by the provisions of the penal code and must be dealt
with accordingly. For example, evidence may be returned to the owner, subjected to lien,
or classed as contraband and accordingly destroyed. However, evidence may also be
determined by the Chief of Police to be unclaimed property and, in that event, will be
processed in accordance with the policies and procedures provided below.
C. Unclaimed Property
Unclaimed property received by the City will be processed as follows:
1. The Police Department is required to receive, hold, and safekeep all property
valued at more than $10 that is found within the City limits and turned in to the
Police Department for safekeeping. The owner will be notified as to where the
property may be claimed if the owner's identity can reasonably be determined.
2. If the owner appears within 120 days after receipt of the property by the Police
Department, proves ownership, and pays all reasonable charges, the Police
Department will return the property to the owner.
3. If the reported value of the property is fifty dollars or more (and no owner appears
and proves ownership within 120 days), the Police Department will publish a
notice, at least once, in a newspaper of general circulation. After seven days
following the first published notice the following actions will be taken if no
owner appears and proves ownership of the property;
480-4
ATTACHMENT 2
Packet Pg 76
6
Surplus Personal and Unclaimed Property Policy
G. If the property was found in the course of employment by a City employee, the
property shall be sold at public auction.
H. The title shall vest in the person who found the property if he or she is
willing to pay the cost of the publication.
I. If the reported value of the property is less than $50 and no owner appears
and proves ownership of the property within 120 days, the title shall vest
in the person who found the property, unless the property was found in the
course of employment by a City employee, in which case the property
shall be sold at public auction.
J. Generally, the sale of unclaimed property will be made by the City's
auction firm; however, in unique circumstances, the Chief of Police may
request that Police Department staff conduct the auction. When the City's
auction firm is used, the firm must be notified in writing with a list of
property to be sold. This list does not require a statement of estimated
values. The letter will give the name of the contact person and extension
number, a short title property description, a pickup location, and a pickup
time.
K. Prior to sale, a listing of unclaimed property shall be provided to the
Director of Finance & IT, who will circulate this list as an advisory
memorandum to other City Departments. The property listed may be
claimed by other Departments on a first come first serve basis. After a 15
day period from the date of the advisory memorandum, the unclaimed
property will be available for sale at public auction according to policy.
L. The unclaimed property to be sold by the City's auction firm will be
transferred on consignment in accordance with the surplus property
policies.
M. Any property remaining unsold after being offered at public auction may
be destroyed or otherwise disposed of by the City's auction firm.
Approved by the City Manager on March 1, 1990; revised on January 14, 1994.
480-5
ATTACHMENT 2
Packet Pg 77
6
Section 480-B
AUCTION FIRM SERVICES
OVERVIEW
To reduce staff time in the sale and disposal of property, to reduce the amount of space being
used to store surplus and unclaimed property, to improve the process of estimating the value of
surplus property, and to maximize the value of return on surplus property, the Department of
Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal
of personal property, consumable supplies and unclaimed property on an "as available basis"
after authorization is given by the Council or the Director of Finance & IT to sell or dispose of
City property.
The policies and procedures provided below in conjunction with the City's auction firm will
provide the staff with the opportunity to systematize the sale and disposal of this property.
AUCTION FIRM RESPONSIBILITIES
The following responsibilities will normally be assigned to the City's auction firm by Agreement
between the City and the firm selected:
A. The auction firm will be required to pickup any and all "marketable" surplus property by
consignment and deliver this property to their premises where it shall be inventoried,
sorted, identified, and catalogued. An auction will be conducted within 30 days of
receipt of property and supplies.
B. The auction firm will make the necessary arrangements for offering the property for sale
by auction to the most qualified buyers to obtain the highest return possible. The auction
firm will advertise the auction in a manner that will obtain the maximum participation by
the public in at least one newspaper of general circulation in the City of San Luis Obispo
for a minimum of five days prior to a scheduled auction.
C. The property consigned to the auction firm will remain the property of the City until sold
or disposed in accordance with these procedures.
D. Property not sold at auction will be disposed by on of the following methods:
1. Consignment to a sub-contractor specializing in unique or special equipment and
material for which there is no local market.
2. Direct sale to a buyer of unique or special equipment and material for which there
is no local market.
3.By sale as salvage to a local dealer or any recycling firm.
4. By destruction at an appropriate landfill site and certification thereto.
5. Returned to the City.
E. The material and equipment not sold at auction will be disposed of by one of the methods
described above within 15 days from the date offered at auction. For the purpose of these
480-10
Auction Firm Services
ATTACHMENT 3
Packet Pg 78
6
instructions, the City will give approval as to the disposal method based on the
recommendation of the auction firm and the method that is in the best interests of the
City.
F. The auction firm will provide the Department of Finance & IT with a list of consigned
property with a check for the net proceeds from the auction or specialty sale within 60
days of receipt of consigned material and equipment providing the following information:
1. City Asset number (if available)
2. Short title description of the property
3. Date of sale or disposal
4. Purchaser or the disposal site
5. Total purchase price
6. Auction fee
7. Net to City
8. Method of disposal (sale at auction, transfer to a specialty house for sale, direct
sale as salvage, transfer to an appropriate landfill or disposal site, return to City)
480-11
ATTACHMENT 3
Packet Pg 79
6
Page intentionally left
blank.
Packet Pg 80
6
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manger
Prepared By: Marcus Carloni, Sustainability Coordinator
SUBJECT: ADOPTION OF BEVERAGE STRAWS UPON REQUEST ORDINANCE
RECOMMENDATION
Adopt an Ordinance 1640 adding Chapter 8.09 to the San Luis Obispo Municipal Code
regulating single use beverage straws.
DISCUSSION
On October 24, 2017 the City Council voted 5:0 to introduce Ordinance 1640 (2017 Series), a
“straws upon request” ordinance to require vendors, such as restaurants, bars, and cafes, to
provide single-use beverage straws to customers only once a straw is requested by the customer.
The Ordinance is now ready for adoption and will become effective on March 1, 2018.
ALTERNATIVES
1. Continue the proposed ordinance. The City Council may continue action, if more
information in needed. Direction should be given to staff regarding additional
information needed to make a decision.
2. Reject the proposed ordinance. The City Council may reject the proposed ordinance
although public testimony and current research demonstrate that an ordinance is needed.
Attachments:
a - Ordinance 1640 (2017 Series)
Packet Pg 81
7
O 1640
ORDINANCE NO. 1640 (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 8.09 TO THE SAN LUIS
OBISPO MUNICIPAL CODE REGULATING SINGLE-USE BEVERAGE
STRAWS
WHEREAS, the City of San Luis Obispo (“City”) has the police power to protect the
health, safety and welfare of the community, including the ability to protect and enhance the
natural environment; and
WHEREAS, the City’s General Plan Conservation and Open Space Element has a number
of policies and goals (COSE 5.4.3, 5.5.3, & 5.4.1) that recognize the City’s responsibility for waste
diversion, efficient use of materials, and recycling, and encouraging residents and businesses to do
so as well; and
WHEREAS, the City’s Climate Action Plan Solid Waste Chapter has an overall goal to
prevent, reduce, reuse and recycle solid waste to minimize the amount of waste being sent to the
landfill and to provide waste reduction education to the City’s consumers; and
WHEREAS, the City’s Climate Action Plan Solid Waste Chapter has an ultimate goal of
reducing the amount of waste that ends up in the landfill which can reduce solid waste-related
greenhouse gas emissions associated with transport and organic decomposition of materials; and
WHEREAS, the Integrated Waste Management Authority (IWMA) in San Luis Obispo
reports that approximately 400,000 beverage straws are used every day in San Luis Obispo County
which are not being recycled and ending up as landfill waste or as litter; and
WHEREAS, the IWMA reports that studies have shown that 80% of customers will say
no if asked if they want a straw; and
WHEREAS, Environmental Center of San Luis Obispo (ECOSLO) reports that plastic
straws and stirrers were the #10 most collected debris at the 2017 SLO County Coastal Cleanup
Day – totaling 1,363 straws and stirrers collected; and
WHEREAS, the Ocean Conservancy reports that plastic straws and stirrers were the
number seven most collected items at the 2016 International Coastal Cleanup which spans 112
countries, collecting 409,097 plastic straws and stirrers; and
WHEREAS, regulating the use of single use beverage straws within the City will help
protect the City’s natural environment from contamination and degradation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October
24, 2017 for the purpose of considering regulations to restrict the use of single-use beverage straws;
and
Packet Pg 82
7
Ordinance No. 1604 (2017 Series) Page 2
O 1604
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference as the findings of the City Council.
SECTION 2. Environmental Determination. The proposed Ordinance is exempt from the
environmental review requirements of the California Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment. Further, the proposed Ordinance is exempt from CEQA on the separate and
independent ground that it is an action of a regulatory agency (the City) for the protection of the
environment because, among other things, it will reduce the amount of single use straws that enter
the local landfill, waterways, and beaches. Thus, this Ordinance is categorically exempt from the
requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as
an action by a regulatory agency for the protection of the environment.
SECTION 3. Action. Chapter 8.09, establishing regulations to restrict the use/distribution
of single-use beverage straws in the city, is hereby added to the San Luis Obispo Municipal Code
as follows:
Chapter 8.09 – SINGLE USE STRAWS
8.09.010 - Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined
in this section unless the context clearly requires otherwise:
A. “Dine-in customer” means a customer that consumes a food or beverage order on the same
premise it was ordered.
B. “Single-use” means a product that is designed to be only used one time in its same form by the
customer, food vendor or entity.
C. “Take-out food orders” means prepared meals or other food or beverage items that a customer
purchases at an establishment and are intended for consumption elsewhere.
D. “Vendor” means any business providing food or beverages within the City of San Luis Obispo.
8.09.020 – Beverage Straws Upon Request
On or after March 1, 2018, any vendor shall ask each dine-in customer if the customer wants a
single use beverage straw before providing a single use beverage straw to the customer.
8.09.030 – Exceptions
Packet Pg 83
7
Ordinance No. 1604 (2017 Series) Page 3
O 1604
Take-out food orders are exempt from this ordinance.
8.09.040 Implementation and Enforcement
A. In addition to any other remedy authorized by this code, any violation of the provisions of this
chapter by any person or restaurant is subject to administrative fines as provided in Chapter
1.24 of this code.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Ordinance, or any other provisions of the city’s rules and regulations. It
is the city’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. Effective Dates. A summary of this Ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this Cit y. This Ordinance shall
go into effect on March 1, 2018. A copy of the full text of this Ordinance shall be on file in the
Office of the City Clerk on and after the date following introduction and passage to print and shall
be available to any member of the public.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
Packet Pg 84
7
Ordinance No. 1604 (2017 Series) Page 4
O 1604
_____________________________________
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
Packet Pg 85
7
Page intentionally left
blank.
Packet Pg 86
7
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Marcus Carloni, Sustainability Coordinator
SUBJECT: ADOPTION OF AN ORDINANCE REGULATING THE SALE AND
DISTRIBUTION OF SINGLE-USE PLASTIC BOTTLES AND
ESTABLISHING REGULATIONS TO INCREASE AVAILABILITY OF
WATER BOTTLE FILLING STATIONS
RECOMMENDATION
Adopt Ordinance 1641 (2017 Series) (Attachment A) adding Chapter 8.07 to the San Luis
Obispo Municipal Code regulating single-use plastic beverage bottles on City property less than
21 ounces in size.
DISCUSSION
On October 24, 2017 the City Council voted 5:0 to introduce Ordinance 1641 to regulate the
sale/distribution of plastic beverage bottles, less than 21 ounces in size, on City property and at
events on City property (including city facilities/office, streets, sidewalks, and parks). The
ordinance also stipulates that in the event that containers greater than 21 ounces are utilized,
single-use containers (e.g. single use plastic cups) may not be used in the serving of beverages,
requiring the use of reusable containers instead. The Ordinance also includes a commitment to
increase the availability of water bottle filling stations in the City.
The Ordinance is now ready for adoption and the regulations will become effective on March 1,
2018. Substantial outreach to the community and in particular, groups that frequently rent City
facilities will be contacted to discuss these new standards and compliance options.
ALTERNATIVES
1. Continue the proposed ordinance. The City Council may continue action, if more
information is needed. Direction should be given to staff regarding additional information
needed to make a decision.
2. Reject the proposed ordinance. The City Council may reject the proposed ordinance
although public testimony and current research demonstrate that an ordinance is needed.
Attachments:
a - Ordinance 1641 (2017 Series)
Packet Pg 87
8
O 1641
ORDINANCE NO. 1641 (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADDING CHAPTER 8.07 TO THE SAN LUIS
OBISPO MUNICIPAL CODE REGULATING SINGLE-USE PLASTIC
BEVERAGE BOTTLES ON CITY PROPERTY LESS THAN 21 OUNCES
IN SIZE
WHEREAS, the City of San Luis Obispo (“City”) has the police power to protect the
health, safety and welfare of the community, including the ability to protect and enhance the
natural environment; and
WHEREAS, the City’s General Plan Conservation and Open Space Element has numerous
policies and goals related to efficient use of materials and recycling in the City including COS E
Policy 5.5.3 which indicates that the city will coordinate local waste-reduction and recycling
efforts in the community; and
WHEREAS, the City’s General Plan Conservation and Open Space Element has policies
and goals related to the City employing best practices in City facilities and operations including
COSE Policy 5.4.2 which indicates that the City will set a community example for waste diversion
and material recycling in City facilities, services and operating systems and require similar in
contracts and procurement for public goods and services and capital improvements; and
WHEREAS, the City’s Climate Action Plan Solid Waste Chapter has an ultimate goal of
reducing the amount of waste that ends up in the landfill which can reduce solid waste-related
greenhouse gas emissions associated with transport and organic decomposition of materials; and
WHEREAS, for the year 2016 the Department of Resources Recycling and Recovery
(CalRecycle) indicates that 11.3 billion plastic bottles (PETE #1) were sold in California with 8.6
billion of those plastic bottles being recycled; the remaining 2.7 billion plastic bottles end up in
landfills or as litter; and
WHEREAS, CalRecycle estimates, using per capita rates, that within the City of San Luis
Obispo approximately 13,306,000 PETE plastic bottles were purchased in fiscal year 2015-16 with
5,404,000 of those bottles being recycled (41% recycling rate); indicating that a large number of
PETE plastic bottles purchased within the City end up as litter or in the landfill.
WHEREAS, the Ocean Conservancy reports that plastic beverage bottles (1,578,834
bottles) and plastic bottle caps (1,578,834 plastic bottle caps) were the number two and number
three most collected items at the 2016 International Coastal Cleanup which spans 112 countries;
and
WHEREAS, the City is situated entirely within the 84 square mile San Luis Obispo Creek
Watershed. The City’s watershed and creek system are important natural resources as exemplified
in various policies of the City’s General Plan. As part of the City’s natural resource program, the
City performs regular creek clean-ups. During these clean-ups, the City finds and discards a
Packet Pg 88
8
Ordinance No. 1641 (2017 Series) Page 2
O 1641
significant amount of plastic bottles and bottle caps. These products ultimately flow to the Pacific
Ocean contributing to concerns related to water quality and habitat protection both within the creek
system as well as the marine environment; and
WHEREAS, plastic beverage bottles take as long as 700 years to decompose in a landfill
and, while advances in water bottles have reduced packaging and weight of bottle containers that
ultimately reach waste facilities, alternatives to plastic bottles, such as reusable bottles produce an
insignificant amount of waste in comparison; and
WHEREAS, regulating the use of plastic beverage bottles will help to minimize waste
associated with plastic bottle usage and help to maximize the operating life of landfills; and
WHEREAS, regulating the use of plastic beverage bottles within the City will help protect
the City’s natural environment from contamination and degradation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a study session
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 3,
2017, and directed staff to develop regulations to restrict the sale/distribution of plastic beverage
bottles on City property and increase the availability of water bottle filling stations in the City; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October
24, 2017 for the purpose of considering said regulations as an addition to Chapter 8.07 of the
Municipal Code; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference as the findings of the City Council.
SECTION 2. Environmental Determination. The proposed Ordinance is exempt from the
environmental review requirements of the California Environmental Quality Act (CEQA) pursuant
to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment. Further, the proposed Ordinance is exempt from CEQA on the separate and
independent ground that it is an action of a regulatory agency (the City) for the protection of the
environment because, among other things, it will regulate the sale and distribution of bottled
beverages and reduce the amount of said products that enter local landfill and waterways . Thus,
this Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of
Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection
of the environment.
SECTION 3. Action. Chapter 8.07, establishing regulations to restrict the sale/distribution
of plastic beverage bottles on City property and increase the availability of water bottle filling
stations in the city, is hereby added to the San Luis Obispo Municipal Code as follows:
Packet Pg 89
8
Ordinance No. 1641 (2017 Series) Page 3
O 1641
Chapter 8.07 – PLASTIC BOTTLED BEVERAGES AND WATER BOTTLE FILLING
STATIONS
8.07.010 - Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined
in this section unless the context clearly requires otherwise:
A. “Bottled Beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks,
juice, or other similar product in a Rigid Plastic Bottle having a capacity of 21 fluid ounces or less,
and intended primarily as a single service container.
B. “City Property” means real property, including buildings thereon, owned or leased by the City
of San Luis Obispo (“City”), and in the City’s possession or in the possession of any entity under
contract with the City. This includes but is not limited to City offices and facilities, plazas, parks,
and public right-of-way (sidewalks and streets).
C. “City Street” means the public right-of-way (e.g. streets, sidewalks, public alleys)
D. “Event” means any activity which requires a permit pursuant to Chapter 5.80 or Section
12.20.050.C of this code with three hundred or more persons in attendance or any event which
requires a permit pursuant to Chapter 5.80 or Section 12.20.050.C which is located at Mission
Plaza or the Jack House.
E. “Participant Athletic Event” means an event in which a group of people collectively walk, jog,
run, bicycle or otherwise participate in a sport or similar activity on City Property.
F. “Rigid Plastic Bottle” means any formed or molded container made of predominantly plastic
resin, having a relatively inflexible fixed shape or form, and intended primarily as a single service
container.
8.07.020 – Sale/Distribution of Single-Use Plastic Bottled Beverages (under 21 Ounces) on
City Property Restricted
A. On or after March 1, 2018, no person may sell or distribute bottled beverages at an event held
indoors or outdoors on City Property.
B. In the event that containers greater than 21 ounces in size are utilized, single-use containers
(e.g. single-use plastic cups) may not be used in the serving of beverages. The use of reusable
containers is required.
8.07.030 – New Leases, Permits, and Agreements
On or after March 1, 2018, the city shall not issue any new leases, contracts, permits, bid proposals,
solicitations, or other form of agreement allowing use of City Property for purposes that would
Packet Pg 90
8
Ordinance No. 1641 (2017 Series) Page 4
O 1641
include the sale/distribution of bottled beverages. This provision shall apply to any such permit
renewed, extended, or materially amended as of March 1, 2017.
8.07.040 – Restricting Use of City Funds
A. City funds shall not be used to purchase bottled beverages except as exempted or allowed under
this ordinance. The City’s purchasing policies shall be amended for consistency with this
ordinance.
B. It shall be City policy not to have drinking water systems in City offices/facilities that use
bottled beverages of any size where sufficient alternatives exist and are feasible. City
offices/facilities shall conform drinking water system to this policy where reasonable.
8.07.050 – Increasing Availability of Public Drinking Water
A. It shall be City policy to increase the availability of drinking water for public consumption in
public areas by ensuring access to drinking fountains, potable water hook-ups, and with
particular emphasis on providing water bottle filling stations. City departments will take all
reasonable and appropriate steps to promote and facilitate achievement of the intent and
requirements of this ordinance.
B. It shall be City policy that Capital Improvement Projects in a park, plaza, playground, or other
public space shall install devices that provide appropriate availability of drinking water for
public consumption such as water bottle filling stations, drinking fountains, and/or potable
water hook-ups for public use, if the department finds the installation is proximate and feasible
with the scale and scope of the project.
C. It shall be City goal to encourage the inclusion of water bottle filling stations for public use in
privately-owned developments.
8.07.060 Exceptions
A. The provisions of this ordinance shall not apply where the City Manager or department finds
that relying on bottled beverages (e.g. bottled water) is necessary in a given situation to protect
the public health, safety and welfare, and no reasonable alternative will serve the same purpose.
B. The provisions of this ordinance shall not apply to emergencies.
C. The City Manager or designee responsible for permitting an event or issuing a lease on City
Property may waive the requirements of this ordinance in full or in part if it is demonstrated to
the satisfaction of the City Manager or designee that strict compliance would not be feasible,
would create undue hardship or practical infeasibility, or that other reasonable circumstances
warrant waiving the requirements of this ordinance.
D. The provisions of this ordinance shall not apply where there are hydration requirements for
employees working outside (i.e. fieldwork) and no reasonable alternative to plastic beverage
bottles will serve the same purpose.
Packet Pg 91
8
Ordinance No. 1641 (2017 Series) Page 5
O 1641
E. The provisions of this ordinance shall not apply to the sale/distribution of bottled beverages to
participants of a participant athletic event.
F. The provisions of this Ordinance do not apply to an event where the applicant submitted a
complete application for review, or received approval, prior to the effective date of this
ordinance (November 23, 2017).
G. Nothing in this Ordinance shall be construed to impair a lease, contract, permit, bid proposal,
solicitation, or other form of agreement to which the City is a party on the effective date of this
Ordinance.
8.07.070 Implementation and Enforcement
A. Prior to March 1, 2018, the City and departments issuing permits and/or other agreements shall
take appropriate steps to update application checklists and other materials as well as educate
and inform the public about the requirements of this ordinance.
B. In addition to any other remedy available, any violation of the provisions of this ordinance by
any person is subject to following administrative fines pursuant to the procedures of Chapter
1.24:
1. A fine not to exceed $200 for an event of 1 to 200 persons;
2. A fine not to exceed $400 for an event of 201 to 400 persons;
3. A fine not to exceed $600 for an event of 401 to 600 persons; and
4. A fine not to exceed $1,000 for an event of 600 or more persons.
SECTION 4. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Ordinance, or any other provisions of the city’s rules and regulations. It
is the city’s express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
SECTION 5. Effective Dates. A summary of this Ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this Cit y. This Ordinance shall
go into effect at the expiration of thirty (30) days after its final passage with phased implementation
as established herein. A copy of the full text of this Ordinance shall be on file in the Office of the
City Clerk on and after the date following introduction and passage to print and shall be available
to any member of the public.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
NOES:
ABSENT:
Packet Pg 92
8
Ordinance No. 1641 (2017 Series) Page 6
O 1641
____________________________________
Mayor Heidi Harmon
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
Packet Pg 93
8
Page intentionally left
blank.
Packet Pg 94
8
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATION
1. Conduct a public hearing to receive testimony regarding the City Council’s intention to
continue the citywide Tourism Business Improvement District; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a resolution affirming the continuation of
the San Luis Obispo Tourism Business Improvement District, setting forth the basis for
the assessment, and levying the assessment upon hotels in the district for fiscal year
2017-18 (Attachment C).
DISCUSSION
Background
On October 17, 2017, the City Council reviewed and approved the Tourism Business
Improvement District (TBID) board’s annual report pursuant to Municipal Code Section
12.42.060 (Attachment A – Council Agenda Action Update 10-17-17).
The City’s Municipal Code further requires that, after the approval of the annual report, Council
shall adopt a resolution of intention to levy an annual assessment for that fiscal year and schedule
a public hearing to receive any written or oral protests against the district. Resolution No. 10840
(2017 Series) setting such a hearing was adopted on October 17, 2017 (Attachment B -
Resolution No. 10840).
Following the October 17, 2017 Council action, all lodging businesses within the district
including hotels, motels, bed and breakfast properties and the city permitted homestays, were
noticed for the public hearing scheduled for November 7, 2017. Notices regarding the approval
of the public hearing were sent on October 25, 2017 to all assessed properties.
Council Action: Public Hearing and Resolution
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San
Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the
citywide TBID at the public hearing, unless oral or written protests are received from City
hoteliers that will pay 50% or more of the proposed assessments. Under Municipal Code Section
12.42.060, protests are weighted based upon the annual assessment for the prior year by each
Packet Pg 95
9
hotel. Staff will have assessment information available at the meeting, but for confidentiality
reasons, this information is not made public before or at the meeting. In the event that a
sufficient negative protest occurs, no further proceedings to continue the levy of assessments for
that fiscal year shall take place.
At the conclusion of the public hearing, if insufficient protest is received, Council may then
adopt a resolution affirming the continuation of the San Luis Obispo Tourism Business
Improvement District, setting forth the basis for the assessment, and levyin g the assessment upon
hotels in the district for fiscal year 2017-18. Such a resolution is provided as Attachment C.
FISCAL IMPACT
In 2017-18, the TBID projected revenue is $1,465,787, which is intended to be used for tourism
marketing and promotion as outlined in the TBID Strategic Plan and Marketing Plan.
Attachments:
a - 10-17-2017 Agenda Action Update
b - Resolution No. 10840 (2017 Series)
c - Reso confirming TBID 11-7-17
Packet Pg 96
9
Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL
Tuesday, October 17, 2017
Regular Meeting of the San Luis Obispo City Council
ROLL CALL
Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan
Rivoire, and Mayor Heidi Harmon
Absent: None.
Staff: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and
Carrie Gallagher, City Clerk
AGENDA ITEMS ACTION
CLOSED SESSION
A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
NO REPORTABLE
ACTION
STUDY SESSIONS
1. PRELIMINARY RESULTS OF THE CAPITAL FACILITIES
FEE PROGRAM NEXUS STUDY AND THE WATER AND
WASTEWATER CAPACITY AND CONNECTION FEE
PROGRAM STUDY: STUDY SESSION
STUDY SESSION
RECEIVED AND
COUNCIL PROVIDED
DIRECTION
CONSENT CALENDAR
2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND
ORDINANCES
APPROVED
(5-0)
3. MINUTES OF AUGUST 15, 2017, SEPTEMBER 26, 2017,
AND OCTOBER 3, 2107
APPROVED
(5-0)
4. MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACTS FOR THE LAGUNA LAKE
DREDGING AND SEDIMENT MANAGEMENT PROJECT
NO ACTION TAKEN
ITEM CONTINUED
TO 10/24/17
5. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR
TRACT 2707 (953 ORCUTT, TR 151-03)
RESOLUTION 10837 (2017 Series)
ADOPTED
(5-0)
Packet Pg 97
9
Action Update – City of San Luis Obispo City Council Meeting of October 17, 2017 Page 2
6. CALIFORNIA OFFICE OF EMERGENCY SERVICES
(CALOES) HAZARD MITIGATION GRANT APPLICATION
RESOLUTION 10838 (2017 Series)
ADOPTED
(5-0)
7. MARGARITA LIFT STATION REPLACEMENT PROJECT
AWARD, SPECIFICATION NO. 91214A
APPROVED
(5-0)
8. ADOPTION OF A RESOLUTION DENYING, IN PART,
AND UPHOLDING, IN PART, AN APPEAL OF THE
ARCHITECTURAL REVIEW COMMISSION’S DECISION
TO DENY A REQUEST TO MODIFY APPROVED COLORS
AND BUILDING DESIGN FOR A REMODELED
BUILDING AT 1135 SANTA ROSA STREET
RESOLUTION 10839 (2017 Series)
ADOPTED
(4-0)
(GOMEZ RECUSED)
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. 2016-17 ANNUAL REPORT OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT (TBID)
RESOLUTION 10840 (2017 Series)
ADOPTED
(5-0)
10. PUBLIC HEARING - PILOT PROGRAM FOR WINTER
OPEN SPACE HOURS OF USE
COUNCIL
APPROVED TO
CONTINUE ITEM
FOR ADDITIONAL
EVALUATION TIME
(3-2)
(PEASE NO)
(CHRISTIANSON NO)
ITEM CONTINUED
TO A DATE
UNCERTAIN
11. PUBLIC HEARING - WATER AND WASTEWATER
CAPACITY AND CONNECTION FEES
RESOLUTION 10841 (2017 Series)
REPORT RECEIVED
BY CONSENSUS,
COUNCIL
APPROVED ITEM BE
CONTINUED AND
BROUGHT BACK TO
COUNCIL IN
CONNECTION WITH
AB 1600 FEES
Packet Pg 98
9
R10840
RESOLUTION NO. 10840 (2017 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
2017-18
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 and incorporated into the Municipal Code under Chapter 12.42; 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 4,
2017 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 2016-
17 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).
Packet Pg 99
9
Resolution No. 10840 (2017 Series) Page 2
R10840
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 7, 2017, 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
Packet Pg 100
9
Resolution No. 10840 (2017 Series) Page 3
R10840
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 THEREFORE RESOLVED, 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 (a)(7) 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 _Council Member Christianson_, seconded by Council Member
__Gomez__, and on the following roll call vote:
AYES: Council Members Christianson, Gomez and Pease, Vice Mayor Rivoire, and Mayor
Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this _17____ day of ____October______ 2017.
__/s/ Mayor Heidi Harmon__________ __
Mayor Heidi Harmon
ATTEST:
/s/ Carrie Gallagher____________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_/s/ J. Christine Dietrick__________________________
J. Christine Dietrick
City Attorney
Packet Pg 101
9
R ______
RESOLUTION NO. ________ (2017 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY OF THE
ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM BUSINESS
IMPROVEMENT DISTRICT, AND AFFIRMING THE ESTABLISHMENT OF
THE DISTRICT
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, and the San Luis Obispo Tourism Business Improvement District Law was incorporated into
the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions specified
in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations
regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the Parking
and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual
report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 17, 2017
WHEREAS, on October 17, 2017 the City Council adopted Resolution No. 10840 (2017 Series)
declaring its intention to continue the San Luis Obispo Tourism Business Improvement District in 2017-
18; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 25, 2017
to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on November 7, 2017 to allow
for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in the
district which pay fifty percent or more of the assessment;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo
as follows:
Packet Pg 102
9
Resolution No. _____ (2017 Series) Page 2
R ______
a) The establishment of Tourism Business Improvement District in the City of San Luis Obispo
in accordance with the San Luis Obispo Tourism Business Improvement District Law, San
Luis Obispo Municipal Code Chapter 12.42, and the California Streets and Highways Code,
section 36500 et seq. (Parking and Business Improvement Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs that
increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo.
d) The assessment shall 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 an y 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.
e) The assessment shall be based on two percent (2%) of gross room rent.
f) New hotels shall not be exempt from immediate assessment.
Upon motion of _________________, seconded by _________________, and on the following
roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________, 2017.
__________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher, City Clerk
Packet Pg 103
9
Resolution No. _____ (2017 Series) Page 3
R ______
APPROVED AS TO FORM:
____________________________________
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San
Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
Packet Pg 104
9
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Lee Johnson, Economic Development Manager
SUBJECT: IMPLEMENTING ACTIONS FOR THE AVILA RANCH COMMUNITY
FACILITIES DISTRICT NO. 2017-1
RECOMMENDATION
Advance the formation of the Avila Ranch Community Facilities District (CFD) by taking the
following actions:
1. Approve the Avila Ranch Resolution Certifying the Canvass of Election Results (Attachment
A); and
2. Introduce the Ordinance establishing the Avila Ranch Special Tax (Attachment B).
DISCUSSION
Background
Adoption of the Avila Ranch Resolution Certifying the Canvass of Election Results and the
introduction of the Ordinance Establishing the Avila Ranch Special Tax furthers the Community
Facilities District (“CFD”) formation process that began on September 19, 2017 with the
adoption of the Resolution of Intention. The Resolution of Formation was approved by the City
Council on October 24th and the election was held on October 26th. Following the Certification of
the Canvass of Election, the City Council will adopt a Special Tax Ordinance as is specified in
the Avila Ranch Rate and Method of Apportionment (Exhibit A, Attachment C).
CONCURRENCES
The Community Development Director concurs that the proposed CFD is consistent with the
entitlements granted for the project. The Public Works Director concurs that the revenue
generated by the CFD will be sufficient to cover the costs and obligations associated with City
services to be provided, and that the mechanism exists to adjust those costs and revenues
accordingly.
FISCAL IMPACT
The Avila Ranch CFD provides fiscal mitigation to the City for its revenue shortfall associated
with the existing property tax exchange agreement with San Luis Obispo County. Accordingly, it
facilitates a positive fiscal impact for the City from the Avila Ranch Project.
Packet Pg 105
10
ENVIRONMENTAL REVIEW
In accordance with Sections 15162 & 15163 of the CEQA Guidelines, an Addendum to the
certified Final Environmental Impact Report (EIR) prepared for the Avila Ranch project has
been prepared to address the formation of a CFD, a funding mechanism intended to implement
development under the Avila Ranch project (Attachment B). The Addendum did not find that the
CFD would introduce new or modified environmental impacts that were not already previously
disclosed and analyzed through the certified Final EIR. All mitigation measures prescribed for
the approved development project would still apply with the implementation of the CFD, and no
new mitigation measures would be required. Further, on October 24, the City determined that the
formation of a CFD for the Avila Ranch project is categorically exempt from CEQA review
pursuant to Section 15306 and 15061(b)(3) of the CEQA Guidelines.
NEXT STEPS
Following certification of the Avila Ranch CFD Election results by Resolution and the
introduction of the Ordinance establishing the Avila Ranch CFD Special Tax, the City Council
will conduct a second reading and adoption of the Special Tax Ordinance. This action is
anticipated to occur at the November 21, 2017 City Council meeting.
Within 15 days of adoption of the Special Tax Ordinance the City Clerk is obligated by the
Statute to post the Ordinance with the names of Council members voting for and against the
Ordinance, and within 90 days, prepare and record a Notice of Special Tax Lien with the County
Recorder.
Attachments:
a - Resolution Certifying Results of Election
b - Ordinance Levying Special Tax
c - Exhibit A to Attachment B - Avila Ranch Rate and Method of Apportinment
d - Exhibit B to Attachment B - Avila Ranch CFD List of Services
e - Exhibit A to Attachment A - Certificate of Canvass and Results of Election and related
Packet Pg 106
10
R ______
RESOLUTION NO. ____ (2017 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, IN ITS CAPACITY AS LEGISLATIVE BODY
OF THE AVILA RANCH COMMUNITY FACILITIES DISTRICT NO.
2017-1, CERTIFYING THE RESULTS OF THE OCTOBER 26, 2017
SPECIAL ELECTION OF THE DISTRICT, ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT, AND MAKING
FINDINGS PURSUANT TO SECTION 53328 AND 53328.3 OF THE
CALIFORNIA GOVERNMENT CODE
WHEREAS, the City Council of the City of San Luis Obispo has established Avila
Ranch Community Facilities District No. 2017-1 (the “District”) pursuant to the Mello-Roos
Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code)
(the “Act”); and
WHEREAS, by its Resolution No. 1844 (2017 Series,) the City Council, in its capacity
as legislative body of the District, submitted the levy of a special tax and the establishment of an
appropriations limit to the qualified electors of the District at a special election called for
October 26, 2017 (the “Special Election”); and
WHEREAS, the City Clerk of the City of San Luis Obispo, as elections official,
distributed the ballots for the Special Election by personal service pursuant to Section 53326 of
the Act, and
WHEREAS, the City Clerk closed the Special Election after all qualified election voters
cast their ballots; and
WHEREAS, the canvassing board of the election, appointed by the City Clerk,
canvassed the ballots cast in the Special Election and submitted the certificate of canvass which
is attached hereto as Exhibit “A” and incorporated herein by reference.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, IN ITS CAPACITY AS LEGISLATIVE BODY OF AVILA RANCH
COMMUNITY FACILITIES DISTRICT NO. 2017-1, DOES HEREBY RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The recitals stated above are true and correct.
SECTION 2. The City Council certifies that the qualified electors of the District
unanimously approved the special tax submitted to the electorate at the October 26, 2017 Special
Election for Avila Ranch Community Facilities District No. 2017-1.
SECTION 3. An appropriations limit, pursuant to Article XIIIB, Section 8(h) of the
California Constitution, is hereby established for the District at $3,000,000. Such limit shall be
Packet Pg 107
10
Resolution No. _____ (2017 Series) Page 2
R ______
adjusted for changes in the cost of living, or changes in population, pursuant to Section 53325.7
of the Act.
SECTION 4. Pursuant to Section 53328 and 53328.3 of the Act, the City Council
determines that the requisite two-thirds of votes cast in the Special Election were in favor of
levying the Special Tax, and orders the City Clerk to record the notice of special tax lien
provided for in Section 3114.5 of the California Streets and Highways Code, whereupon the lien
of the special tax shall attach as provided in Section 3115.5 of the Streets and Highways Code.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
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 ______________, _________.
Packet Pg 108
10
Resolution No. _____ (2017 Series) Page 3
R ______
____________________________________
Carrie Gallagher
City Clerk
Packet Pg 109
10
O ______
ORDINANCE NO. ____ (2017 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AS LEGISLATIVE BODY OF AVILA RANCH
COMMUNITY FACILITIES DISTRICT NO. 2017-1, LEVYING A
SPECIAL TAX AGAINST NONEXEMPT REAL PROPERTY WITHIN
THE DISTRICT TO FINANCE CERTAIN FACILITIES, SERVICES AND
INCIDENTAL EXPENSES
WHEREAS, the City Council of the City of San Luis Obispo has established Avila
Ranch Community Facilities District No. 2017-1 (the “District”) pursuant to the Mello-Roos
Community Facilities Act of 1982 (Section 53311 et. seq. of the California Government Code)
(the “Act”); and
WHEREAS, by Resolution No. 10844 (2017 Series), the City Council of the City of San
Luis Obispo, in its capacity as legislative body of the District, submitted the levy of a special tax
(“Special Tax”) to the qualified electors of the District at a special election called for October 26,
2017 (the “Special Election”); and
WHEREAS, by its Resolution No. ____ (2017 Series), the City Council of the City of
San Luis Obispo, in its capacity as legislative body of the District, certified that more than two-
thirds of the votes cast at the Special Election were in favor of levying the Special Tax.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, IN ITS CAPACITY AS LEGISLATIVE BODY OF AVILA RANCH
COMMUNITY FACILITIES DISTRICT NO. 2017-1, ORDAINS AS FOLLOWS:
SECTION 1. The recitals stated above are true and correct.
SECTION 2. The Special Tax is levied pursuant to Section 53340 of the Act against all
non-exempt parcels of real property within the District at the Rate and Method of Apportionment
set forth in Exhibit A, which is incorporated by reference.
SECTION 3. Except where funds are otherwise available, the Services Component of
the Special Tax shall be levied annually, for an indefinite period, with no expiration or sunset,
for the purpose of funding the facilities, services, and incidental expenses described in Exhibit
B, which is incorporated by reference (the “Authorized Services and Facilities”). Such annual
levies shall be ordered by resolution of the City Council at the same rate or a lower rate than the
rate provided by this Ordinance. Notwithstanding the foregoing, no Special Tax to pay for
public facilities will be levied against any parcel after Fiscal Year 2035-2036. For the purposes
of this Section, “public facilities” does not include services described in Section 53313 of the
Act.
SECTION 4. The Special Tax is secured by a continuing lien, imposed pursuant to
Sections 3114.5 and 3115.5 of the California Streets and Highways Code. This lien is a
Packet Pg 110
10
Ordinance No. _____ (2017 Series) Page 2
O _______
continuing lien against all nonexempt real property in the District, and shall secure each levy of
the Special Tax.
SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 6. Proceeds of the Special Tax will be deposited in a special account and
used only for the purpose of financing Authorized Expenses.
SECTION 7. An annual report will be filed by the Finance Officer of the City at least
once a year containing a description of the amount of funds and the status of any project that is
an Authorized Expense.
SECTION 8. The City does not, solely by virtue of this Ordinance, or solely by virtue of
the levy or collection of the Special Tax, assume any obligation to provide any particular service
or to purchase, construct, expand, improve, or rehabilitate any property of any particular kind.
SECTION 9. The City’s Department of Finance, which is located which is located at
990 Palm Street, San Luis Obispo, CA and whose telephone number is (805) 781-7124 (the
“Finance Department”), will be responsible for preparing the annual roll of Special Tax
obligations with respect to the District and for estimating future tax levies pursuant to Section
53340.2 of the Act.
SECTION 10. The City Council has not specified conditions under which the obligation
to pay the Special Tax against a particular parcel of land may be prepaid and permanently
satisfied.
SECTION 11. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance. The
City Council hereby declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion hereof, irrespective of that fact that any one or
more sections, subsections, sentences, clauses, phrases or portions be declared invalid or
unconstitutional.
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall
cause this ordinance, or a summary thereof, to be published as required by law.
INTRODUCED on the ____ day of ____, 2017, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2017, on the following vote:
AYES:
NOES:
ABSENT:
Packet Pg 111
10
Ordinance No. _____ (2017 Series) Page 3
O _______
____________________________________
Mayor Heidi Harmon
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
Packet Pg 112
10
A-1
EXHIBIT A
City of San Luis Obispo
Avila Ranch Community Facilities District No. 2107-1 (Services)
San Luis Obispo County, California
AMENDED RATE, METHOD OF APPORTIONMENT, AND
MANNER OF COLLECTION OF SPECIAL TAX
1. Basis of Special Tax Levy
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982 (Act) applicable
to the land in the Avila Ranch Community Facilities District No.2017-1 (Services) (CFD) of the
City of San Luis Obispo (City) shall be levied and collected according to the tax liability
determined by the City through the application of the appropriate amount or rate, as described
below.
2. Definitions
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and
following of the California Government Code.
“Administrative Expenses” means the actual or estimated costs incurred by the City to form
the CFD and to determine, levy, and collect the Special Taxes, including compensation of City
employees for administrative work performed in relation to the CFD, the fees of consultants and
legal counsel, the costs of collecting installments of the Special Taxes on the general tax rolls,
preparation of required reports, and any other costs required to administer the CFD as
determined by the City.
“Administrator” means the City Manager of the City, or her or his designee.
“Affordable Unit” means a Unit built on a Parcel of Single-Family Parcel for which an Affordable
Housing Agreement has been entered into for the property designating the Unit as affordable.
The City Manager, or its designee, shall determine which Units are designated as Affordable Units
and maintain an Affordable Unit Listing, which shall contain all designated buildable parcels by
tract and lot number, and in the case of Large Lots Parcels remaining before May 1 of the
preceding Fiscal Year, the number of designated Affordable Units for each such Large Lot Parcel;
all entries shall indicate the effective date of designation. The Affordable Unit Listing also shall
be updated to reflect those Units no longer qualifying as Affordable Units, also known as Market-
Rate Units. The Affordable Unit Listing, which shall contain all qualifying Affordable Units as of
April 30, shall be made available to the Administrator by July 1 of each year for purposes of
determining the Maximum Special Tax for Parcels pursuant to Section 4.
Packet Pg 113
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-2 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
“Annual Infrastructure Costs” means for each Fiscal Year, the total cost of (1) Authorized
Facilities and (2) any amounts needed to cure actual or estimated delinquencies in Special Taxes
for the current or previous Fiscal Year.
“Annual Services Costs” means for each Fiscal Year, the total cost of (1) Authorized Services,
(2) Administrative Expenses, and (3) any amounts needed to cure actual or estimated
delinquencies in Special Taxes for the current or previous Fiscal Year.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by
Assessor’s Parcel Number.
“Assessor's Parcel Number” means the Parcel and Parcel number as recorded by the County
Assessor on the equalized tax roll.
“Authorized Facilities” means those facilities, as listed in the resolution forming the CFD.
“Authorized Services” mean those services, as listed in the resolution forming the CFD.
“Base Year” means the Fiscal Year beginning July 1, 2018 and ending June 30, 2019.
“Building Permit” means a permit issued by the City for the construction of a Residential Use
structure.
“Building Square Foot(age)” has the same meaning as that defined for the School Mitigation
Fee by California Government Code Section 65995 for “Assessable Space,” which is “all of the
square footage within the perimeter of a residential structure, not including any carport,
walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area”
as determined upon issuance of the initial Building Permit.
“CFD” means the Avila Ranch Community Facilities District No. 2017-1 (Services) of the City of
San Luis Obispo, San Luis Obispo County, California.
“City” means the City of San Luis Obispo in San Luis Obispo County, California.
“Council” means the City Council of the City of San Luis Obispo acting for the CFD under the
Act.
“County” means the County of San Luis Obispo, California.
“County Assessor’s Parcel” means a lot or Parcel with an assigned Assessor’s Parcel Number
in the maps used by the County Assessor in the preparation of the tax roll.
“Developed Parcel” means any Taxable Parcel with a Building Permit issued for Residential
Uses.
“Development Plan” means a condominium plan, apartment plan, site plan, or other
development plan that identifies such information as the type of structure, acreage, square
footage, or number of Units that are approved to be developed on Single Family Parcels and
Multifamily Residential Use Parcels.
“Final Map Parcel” means a Parcel designated for development as a single-family residence
which is part of a Final Subdivision Map.
Packet Pg 114
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-3 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
“Final Subdivision Map” means a recorded map designating the final Parcel Subdivision for
individual single family residential Parcels.
“Fiscal Year” means the period starting July 1 and ending the following June 30.
“Infrastructure Special Tax” means the Special Tax identified in Attachment 1 for each Land
Use Category identified to fund the costs of Authorized Facilities. The Infrastructure Special Tax
is increased by the Infrastructure Special Tax Escalation Factor in each Fiscal Year following the
Base Year.
“Infrastructure Special Tax Escalation Factor” means a factor of 2 percent in any Fiscal Year
following the Base Year by which the Special Tax for the previous Fiscal Year will be increased for
the current Fiscal Year.
“Land Use Category” means the categories of taxable land uses shown in Attachment 1.
“Large Lot Parcel” means a Parcel created by a Large Lot Subdivision Map.
“Large Lot Subdivision Map” means a recorded subdivision map creating Parcels by land use.
However, the Large Lot Subdivision Map does not delineate Single-Family Parcels. A Final
Subdivision Map will create individual Single Family Parcels.
“Market-Rate Unit” means a Unit that is not an Affordable Unit.
“Maximum Annual Special Tax” means the greatest amount of Special Tax that can be levied
against a Parcel in a given Fiscal Year. The Maximum Annual Special Tax is the sum of the Fiscal
Services Special Tax and Infrastructure Special Tax assigned to each Taxable Parcel.
“Maximum Annual Special Tax Revenue” means the greatest amount of revenue that can be
collected in total from a group of Parcels (such as Developed Parcels) by levying the Special Tax.
“Multifamily” or “Multifamily Residential Use” means any Parcel or Development Project
designated or developed for more than one residential dwelling unit per parcel. Such uses may
consist of apartments, condominiums, townhomes, time-share units, row houses, duplexes, or
triplexes.
“Municipal Costs Index” means the index published by American City & County.
“Other Land Use” means a Parcel with land uses other than Residential Uses. Such Parcels are
Tax-Exempt Parcels
“Parcel” means any County Assessor’s Parcel in the CFD based on the equalized tax rolls of the
County.
“Public Parcel” means any Parcel that is or is intended to be publicly owned, as designated in
any final map that is normally exempt from the levy of general ad valorem property taxes under
California law, including public streets; schools; parks; and public drainageways, landscaping,
wetlands, greenbelts, and open space.
“Remainder Parcel” means a Parcel that is created as the result of the recordation of a Large
Lot Parcel Map or Final Small Lot Subdivision Map, which results in a Parcel within the boundaries
of a Large Lot Parcel, that has not been mapped for final development approval. Such a
Packet Pg 115
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-4 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
Remainder Parcel may contain taxable and tax-exempt uses, such as Residential Uses, and Public
Parcels, such as school or park sites. Once designated as a Remainder Parcel, such Parcel will be
considered a Large Lot Parcel for the purposes of future Subdivision s and for the provisions of
Sections 4 through 6.
“Residential Use” means a Parcel designated for residential use, such as single family
residential units, residential condominiums, townhouses, Multifamily Residential Uses, or
apartments.
“RMA” means the Rate and Method of Apportionment of the Special Tax.
“Services Special Tax” means the Special Tax identified in Attachment 1 for each Land Use
Category identified to fund the costs of Authorized Services. The Services Special Tax is
increased by the Services Special Tax Escalation Factor in each Fiscal Year following the Base
Year.
“Services Special Tax Escalation Factor” an annual percentage increase in the Fiscal
Mitigation Special Tax and Local Area Special Tax based upon the Consumer Price Index (CPI)
(prior calendar year annual average, San Francisco, All Urban Consumers (CPI-U) Index), the
CPI (prior calendar year annual average, Pacific West Cities, All Urban Wage Earners and Clerical
Workers), or the Municipal Cost Index annual average, whichever is greater, but not exceeding
four (4) percent.
“Single Family Parcel” means, in any Fiscal Year, all Parcels in the CFD for which a building
permit was issued or may be issued for construction of a Unit that is a single family residential,
residential condominium, or townhouse Unit.
“Special Tax(es)” mean(s) any tax levy under the Act in the CFD.
“Subdivision” or “Subdivided” means a division of a Parcel into two or more Parcels through
the Subdivision Map Act process. A Subdivision may also include the mer ging of two or more
Parcels to create new Parcels.
“Tax Collection Schedule” means the document prepared by the Administrator for the County
Auditor-Controller to use in levying and collecting the Special Taxes each Fiscal Year.
“Taxable Parcel” means any Parcel that is not a Tax-Exempt Parcel.
“Tax-Exempt Parcel” means a Parcel not subject to the annual Special Tax. Tax-Exempt
Parcels include Public Parcels, Undeveloped Parcels, and Other Use Parcels.
Certain privately-owned Parcels also may be exempt from the levy of annual Special Taxes
including common areas owned by homeowner’s associations or property owner associations,
wetlands, detention basins, water quality ponds, and open space, as determined by the
Administrator.
“Undeveloped Parcel” means a Parcel that is a Large Lot Parcel or Remainder Parcel.
“Unit” means (a) for Single Family Parcel dwelling unit; and (b) for Multifamily Residential Use
Parcel, such as an individual residential unit in an apartment building.
Packet Pg 116
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-5 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
3. Duration of the Special Tax
Parcels in the CFD will remain subject to the Services Special Tax in perpetuity.
Parcels in the CFD will be subject to the Infrastructure Special Tax through FY 2035-36.
If the Special Tax ceases to be levied, the City will direct the County Recorder to record a Notice
of Cessation of Special Tax. Such notice will state that the obligation to pay the Special Tax has
ceased and that the lien imposed by the Notice of Special Tax Lien is extinguished. The Notice of
Cessation of Special Tax, in addition, will identify the book and page of the Book of Maps of
Assessment and Community Facilities Districts where the map of the boundaries of the CFD is
recorded.
4. Administrative Tasks
Administrative tasks required of the Administrator are discussed below:
A. Annual Special Tax Escalation. The Administrator shall increase the Fiscal Mitigation Special
Tax and Local Area Special Tax by the Services Special Tax Escalation Factor in each Fiscal
Year following the Base Year. The Administrator shall increase the Infrastructure Special Tax
Infrastructure Special Tax Escalation Factor in each Fiscal Year following the Base Year.
B. Assignment of the Maximum Annual Special Tax to Taxable Parcels. As Taxable Parcels are
Subdivided or combined, the Administrator will assign the Maximum Annual Special Tax to
each new Taxable Parcel based on the records of the City:
1. Assignment of the Maximum Annual Special Tax to Developed Parcels. The Services
Special Tax and Infrastructure Special Tax are assigned to Developed Parcels using the
following procedures.
a. Identify the Building Square Footage for the Residential Use for the Taxable
Parcel, as identified in the Building Permit.
b. Identify the Land Use Category for the Taxable Parcel based upon the Residential
Use type and Building Square Footage in Attachment 1.
c. Assign the Services Special Tax for the Taxable Parcel based upon the Land Use
Category using the criteria identified in Sections 4.B.1.a and 4.B.1.b, and as
increased by the Services Special Tax Escalation Factor and Infrastructure Special
Tax Escalation Factor.
d. Assign the Infrastructure Special Tax for the Taxable Parcel based upon the Land
Use Category using the criteria identified in Sections 4.B.1.a and 4.B.1.b, and
as increased by the Infrastructure Special Tax Escalation Factor.
e. Sum the Services Special Tax and Infrastructure Special Tax to determine the
Maximum Annual Special Tax for the Taxable Parcel.
Packet Pg 117
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-6 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
2. Assignment of the Maximum Annual Special Tax to Final Map Parcels. The Services
Special Tax and Infrastructure Special Tax are assigned to Final Map Parcels using the
following procedures.
a. Assign the Services Special Tax for the Final Map Parcel, as shown in Attachment
1, and as increased by the Services Special Tax Escalation Factor.
b. Assign the Infrastructure Special Tax for the Final Map Parcel, as shown in
Attachment 1, and as increased by the Infrastructure Special Tax Escalation
Factor.
c. Sum the Services Special Tax and Infrastructure Special Tax to determine the
Maximum Annual Special Tax for the Taxable Parcel.
3. Assignment of the Maximum Annual Special Tax to Undeveloped Parcels. Undeveloped
Parcels are not subject to the Maximum Annual Special Tax.
C. Affordable Units that Become Market Rate Units. If, in any Fiscal Year, a Unit that
previously had been designated as an Affordable Unit no longer qualifies as such, the City
shall update the Affordable Unit Listing by denoting the change in status of the Unit,
together with the effective date thereof. The Maximum Annual Special Tax on the Unit
that no longer qualifies as an Affordable Unit shall be increased to double the amount
that would have applied in that Fiscal Year if the Unit had remained as an Affordable Unit.
In subsequent Fiscal Years, this increased Maximum Annual Special Tax shall continue to
escalate by the Tax Escalation Factor.
D. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not
needed for public use and is converted to a taxable use or transferred to a private owner,
it shall become subject to the Special Tax. The Maximum Annual Special Tax for such a
Parcel will be assigned according to the provisions of Section 4.A and 4.B.
E. Taxable Parcel Acquired by a Public Agency. A Taxable Parcel acquired by a public
agency shall be reclassified as a Tax-Exempt Parcels and is no longer subject to the
Special Tax levy.
F. Maintenance of Parcel Records. The Administrator will maintain a development status for
each Parcel within the CFD as Parcels are Subdivided and developed. The record will
contain the Assessor’s Parcel Number, Land Use Category, number of Units per Taxable
Parcel, the Fiscal Mitigation Special Tax, Local Area Special Tax, Infrastructure Special
Tax, and Maximum Annual Special Tax for each Taxable Parcel.
5. Assignment of the Maximum Annual Special Tax
A. Classification of Parcels. By June 30 of each Fiscal Year, using the Definitions in Section 2,
the Administrator shall cause:
1. Each Parcel to be classified as a Taxable Parcel or Tax-Exempt Parcel.
2. Each Parcel to be classified as a Developed Parcel, Final Map Parcel, or an Undeveloped
Parcel.
Packet Pg 118
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-7 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
B. Assignment of the Maximum Annual Special Tax to Taxable Parcels. The Maximum Annual
Special Tax will be assigned to each Taxable Parcel each Fiscal Year using the procedures
(not all steps may be applicable for each such Parcel) in Section 4.
6. Calculating Annual Special Taxes
The Administrator will compute the Annual Costs and determine the annual Special Tax levy for
each Taxable Parcel based on the assignment of the Special Tax in Section 5. The Administrator
will then determine the tax levy for each Taxable Parcel using the following process:
A. Compute the Annual Services Costs using the definition of Annual Services Costs in Section
2.
B. Calculate the Services Special Tax levy for each Taxable Parcel by the following steps:
Step 1: Compute 100 percent of the Services Special Tax revenue for all Developed Parcels.
Step 2: Compare the Annual Services Costs with the amount calculated in the previous
step.
Step 3: If the Annual Services Costs are lower than the amount calculated in Step 1,
decrease proportionately the Services Special Tax levy for each Developed Parcel
until the revenue from the Special Tax levy equals the Annual Services Costs.
Step 4: If the Annual Services Costs are greater than the amount calculated in Step 1,
increase proportionately the Services Special Tax levy for each Final Map Parcel
until the revenue from the Special Tax levy equals the Annual Services Costs, or
100 percent of the Services Special Tax for all Final Map Parcels, if needed to fund
Annual Services Costs.
C. Compute the Annual Infrastructure Costs using the definition of Annual Infrastructure Costs
in Section 2
D. Calculate the Infrastructure Special Tax levy for each Taxable Parcel by the following steps:
Step 1: Compute 100 percent of the Infrastructure Special Tax revenue for all Developed
Parcels.
Step 2: Compare the Annual Infrastructure Costs with the amount calculated in the previous
step.
Step 3: If the Annual Infrastructure Costs are lower than the amount calculated in Step 1,
decrease proportionately the Infrastructure Special Tax levy for each Developed
Parcel until the revenue from the Special Tax levy equals the Annual Infrastructure
Costs.
Step 4: If the Annual Infrastructure Costs are greater than the amount calculated in Step 1,
increase proportionately the Infrastructure Special Tax levy for each Final Map
Parcel until the revenue from the Special Tax levy equals the Annual Services Costs,
or 100 percent of the Services Special Tax for all Final Map Parcels, if needed to
fund Annual Infrastructure Costs.
Packet Pg 119
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-8 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
E. Sum the amount determined in Sections 6.B and 6.D above.
F. Levy on each Taxable Parcel the amount calculated in Section 6.E above.
G. Prepare the Tax Collection Schedule and, unless an alternative method of collection has been
selected pursuant to Section 9, send it to the County Auditor requesting that it be placed on
the general, secured property tax roll for the Fiscal Year. The Tax Collection Schedule will
not be sent later than the date required by the Auditor for such inclusion.
The Administrator will make every effort to correctly calculate the Special Tax for each
Parcel. It will be the burden of the taxpayer to correct any errors in the determination of the
Parcels subject to the tax and their Special Tax assignments.
7. Interpretation, Application and Appeal of Special
Tax Formula and Procedures
Any taxpayer who feels that the amount of the Special Tax assigned to a Parcel is in error may
file a notice with the Administrator appealing the levy of the Special Tax. The Administrator will
then promptly review the appeal, and if necessary, meet with the applicant. If the Administrator
verifies that the tax should be modified or changed, the Special Tax levy will be corrected and, if
applicable in any case, a refund will be granted.
Interpretations may be made by Resolution of the Council for purposes of clarifying any
vagueness or ambiguity as it relates to the Special Tax rate, the method of apportionment, the
classification of properties, or any definition applicable to the CFD.
Without Council approval, the Administrator may make minor, non-substantive administrative
and technical changes to the provisions of this Exhibit that do not materially affect the rate,
method of apportionment, and manner of collection of the Special Tax for purposes of the
administrative efficiency or convenience or to comply with new applicable federal, state or local
law.
8. Prepayment of the Special Tax Obligation
The Special Tax for a Taxable Parcel may not be prepaid. The Special Tax is collected to fund
Authorized Services in perpetuity, or until the Council determines that the Special Tax should no
longer be collected.
9. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ad valorem
property taxes, provided, however, that the Administrator or its designee may directly bill the
Special Tax and may collect the Special Tax at a different time, such as on a monthly or other
periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.
Packet Pg 120
10
Avila Ranch CFD No. 2017-1 (Services)
Rate and Method of Apportionment and Manner of Collerciton of Special Tax
October 11, 2017
. A-9 C:\users\hgoodwin\appdata\roaming\iqm2\minutetraq\slocityca@slocityca.iqm2.com\work\attachments\3441.docx
Attachment 1
Avila Ranch CFD No. 2017-1 (Services)
Maximum Annual Special Tax - Base Year of FY 2018-19
No. of Services Infrastructure Maximum Annual
Land Use Category Units Special Tax Special Tax Special Tax
[1][2] [3][4]
Single Family Residential - ≥ 1,500 Sq. Ft.322 $2,749.80 $300.00 $3,049.80
Single Family Residential - <1,500 Sq. Ft.76 $1,832.86 $200.00 $2,032.86
Multifamily Residential - ≥ 1,500 Sq. Ft.38 $2,749.80 $300.00 $3,049.80
Multifamily Residential - < 1,500 Sq. Ft.252 $1,832.86 $200.00 $2,032.86
Affordable Multifamily Residential 32 $916.43 $100.00 $1,016.43
Undeveloped Parcels [5]
Other Land Uses $0.00 $0.00 $0.00
Public and Deed Restricted Land $0.00 $0.00 $0.00
"att1"
[1] This Special Tax rate will be increased by the Services Special Tax Escalator in each Fiscal Year following the Base
Year of FY 2018-19.
[2] This Special Tax rate will be increased by the Infrastructure Special Tax Escalator in each Fiscal Year following the Base
Year of FY 2018-19.
[3] This Special Tax may be collected in each Fiscal Year through FY 2035-36. This Special Tax will no longer be collected
following FY 2035-36.
[4] Beginning with FY 2035-39, the Maximum Annual Special Tax will be equal to the Services Special Tax as the
Infrastructure Special Tax will no longer be collected beyond FY 2035-36..
[5] Undeveloped Parcels are Final Map Parcels without a Building Permit.
Packet Pg 121
10
Exhibit B
City of San Luis Obispo CFD No. 2017 -1 (Services )
Draft List of Authorized Services
List of Authorized Services
The authorized services to be funded from the levy and collection of annual special taxes include
those set forth below in addition to the costs associated with collecting and administering the
special taxes, annually administering the District, and costs associated with forming the District.
The authorized services to be funded include:
1. Maintenance and lighting of parks, parkways, streets, roads, and open space.
2. Flood and storm protection services, including, but not limited to, the operation and
maintenance of storm drainage systems.
3. Police protection services, including, but not limited to, criminal justice services. However,
criminal justice services shall be limited to providing services for jails, detention facilities, and
juvenile halls.
4. Fire protection and suppression services, and ambulance and paramedic services.
5. Maintenance and operation of any real property or other tangible property with an estimated
useful life of five or more years that is owned by the local agency or by another local agency
pursuant to an agreement entered into under Section 53316.2.
List of Authorized Facilities
The authorized facilities to be funded from the levy and collection of annual special taxes include:
1. Local park, recreation, parkway, and open-space facilities.
2. The district may also finance the construction or undergrounding of water transmission and
distribution facilities, natural gas pipeline facilities, telephone lines, facilities for the
transmission or distribution of electrical energy, and cable television lines to provide access
to those services to customers who do not have access to those services or to mitigate
existing visual blight.
3. The district may also finance the acquisition, improvement, rehabilitation, or maintenance of
any real or other tangible property, whether privately or publicly owned, for flood and storm
protection services, including, but not limited to, storm drainage and treatment systems and
sandstorm protection systems.
4. A community facilities district may also finance the purchase, construction, expansion,
improvement, or rehabilitation of any real or other tangible property with an estimated useful
life of five years or longer or may finance planning and design work that is directly related to
the purchase, construction, expansion, or rehabilitation of any real or tangible property. The
facilities need not be physically located within the Dstrict.
Packet Pg 122
10
Packet Pg 123
10
Packet Pg 124
10
Packet Pg 125
10
Packet Pg 126
10
Packet Pg 127
10
Packet Pg 128
10
Packet Pg 129
10
Packet Pg 130
10
Packet Pg 131
10
Packet Pg 132
10
Packet Pg 133
10
Packet Pg 134
10
Packet Pg 135
10
Packet Pg 136
10
Packet Pg 137
10
Packet Pg 138
10
Meeting Date: 11/7/2017
FROM: Shelly Stanwyck, Parks and Recreation Director
SUBJECT: SETTING THE STAGE – PROCESS FOR DEVELOPING A FISCAL HEALTH
RESPONSE PLAN
RECOMMENDATION
Consistent with the City’s 2017-19 Fiscal Sustainability and Responsibility Major City Goal,
receive and file a report on the process to develop a Fiscal Health Response Plan.
DISCUSSION
2017-19 Major City Goal: Fiscal Sustainability and Responsibility
With the adoption of the City’s 2017-19 Financial Plan, Council continued to address the City’s
long-term financial sustainability by adopting the Major City Goal – Fiscal Sustainability and
Responsibility. The adopted Financial Plan outlined a work program for that Major City goal
which included to engaging residents, staff, businesses and other interested members of the
community in developing strategies to address the fiscal challenges ahead with a focus on the
City’s long-term financial sustainability. This agenda report provides an overview of the process
to develop a Fiscal Health Response Plan and seeks the Council’s concurrence of that process
through this agenda item.
Defining the Problem
Like almost 3,000 other member agencies in the California Public Employees Retirement System
(CalPERS), the City is facing significant increases in required pension contribution costs. The
City’s annual CalPERS costs are projected to more than double in ten years; growing from $7.8
million in 2014-15 to $19 million in 2024-25 for the General Fund. These costs will continue to
grow through 2031-32 and affect all funds including the City’s Enterprise Funds (Water, Waste
Water, Transit, and Parking).
The City has determined that expenditures need to be reduced by approximately $8.9 million (7.5
million from the General Fund and $1.4 million from the Enterprise Funds) over the next three
years to address these rapidly rising costs. The size of the problem has been informed using
fiscal forecasting supported by third party economic models as well as the City’s outside sales
tax advisor and a separate actuary1 who specializes in pensions. The City’s forecasting is based
on assumptions such as:
1) Continuing current levels of service
2) Continuing the commitment to capital investment including a slight increase due to
ongoing maintenance needs
3) Modest long-term revenue growth and inflation
4) CalPERS’ required pension contributions
1 A person who compiles and analyzes data and statistics and uses them to calculate benefit premiums.
Packet Pg 139
11
5) Local Revenue Measure (Measure G) funds will continue and be used consistent with
voter directive and Council policy
California Public Employees Retirement System “CalPERS” 101
As mentioned previously, the City is a member of CalPERS, a State of California executive
branch agency. This agency manages pension and health benefits for over 1.6 million
employees, retirees, and families. The City contracts with CalPERS to provide “defined benefit”
pensions. It should be noted that City employees do not participate in Social Security.
This type of pension is based on a formula which includes the years of service, final
compensation, age and a multiplier to determine the employee’s pension benefit. The formula is
determined by an employee’s date of hire and employee group (for example, public safety is
different from non-public safety). In December 2012, the City Council adopted a second pension
tier as a means to control costs, which was followed by the Public Employees’ Pension Reform
Act of 2013 (“PEPRA”) creating a mandated third tier, as shown in the table below.
City of San Luis Obispo Employee Benefit Formulas
Group Tier 1 Tier 2 PEPRA
Miscellaneous 2.7% @55 2% @ 60 2% @ 62
Police Safety 3% @ 50 2% @ 50 2.7% @ 57
Fire Safety 3% @ 50 3% @ 55 2.7% @ 57
Employees and the City contribute various amounts of the total required payment each year into
the CalPERS investment fund. CalPERS then invests that contribution, and the combination of
the contribution and interest earned are used to pay retirement benefits that employees have
accrued. The required payment includes both normal costs and costs related to the unfunded
liability. The normal costs are the amount of money set aside based on actuarial assumptions for
future benefits. The unfunded liability is the amount of money by which future payment
obligations exceed the present value of funds available. The unfunded liability costs exist and are
still due even if the City had no employees.
It is not currently feasible for the City to leave CalPERS without incurring significant costs. To
exit CalPERS, the City would have 30 days to meet its projected (worst case) financial
obligations at the time of separation currently estimated to be from $377 to $495 million.
Furthermore, the current legal framework in California restricts cities’ ability to reduce
retirement benefits for current employees, as well as retirees.
Packet Pg 140
11
Why are CalPERS Costs going up?
A variety of factors have contributed to increased CalPERS costs including portfolio losses from
the market crash during the Great Recession, retirees living longer than actuarial projections, and
past legal decisions about employee benefits (which are largely out of the City’s control). Most
recently, in late 2016, CalPERS adjusted its investment strategy to include more conservative
investment assumptions to protect its assets. This decreased the expected rate of return (also
known as the discount rate) on investments leading to increases to required contributions from
member agencies.
What has the City Done to Address CalPERS Costs?
The City has established new, lower retirement benefit tiers and approximately 40% of all City
employees are now in Tier 2 or PEPRA. These new tiers create a higher age of ret irement and
lower benefit which results in cost savings through lower normal costs . Employees also pay a
greater share of the total pension costs. In 2016-17, employees paid 21% of the City’s total
pension costs (exact percentages vary by bargaining group and tier). Lastly, Council has adopted
fiscal policies which have resulted in $2.74 million going to pay down the existing unfunded
liability thereby lowering the City’s obligation overall.
In 2017-18 the City continued to implement the previously adopted Fiscal Responsibility
Philosophy, activated the Fiscal Health Contingency Plan (resulting in hiring and travel “chills”)
and adopted the Major City Goal of Fiscal Sustainability and Responsibility. The development
of a Fiscal Health Response Plan is part of the work program for that Major City Goal.
How Do We Fix the Problem?
A Fiscal Health Response Plan is needed to guide the City’s response to this $8.9 million-dollar
structural budget problem. Staff is proposing to develop the Plan based on existing fiscal policies
and commitments to residents, employees, and the community as a guide for future budgets. This
fall, staff has been informing the public about nature of the problem and potential options to
address it. In those discussions staff has identified four potential components to be used in the
development of the Fiscal Health Response Plan. Those components include:
1. Operational Reductions;
2. Revenue Options;
3. Employee Concessions; and
4. New Ways of Doing Business.
If Council concurs with the process to develop the Fiscal Health Response Plan, staff will bring
back preliminary options and scenarios for general direction from Council at its Budget
Foundation meeting scheduled for December 12, 2017. At that meeting, an update to the City’s
Fiscal Forecast and Capital Improvement Program over the next 10-years will be brought
forward for discussion. Staff will also present recommendations for the use of one-time funds
based on Council adopted policies.
Finally, staff will make recommendations for the strategy to close the budget gap, identifying the
timeframe and addressing the options to pay down unfunded liabilities. The four components
Packet Pg 141
11
listed above will be analyzed by staff and policy recommendations will be presented on
December 12th. The policy recommendations and direction sought from Council will include
discussion of scenarios and impacts that might result from implementation of measures identified
with each of the four components.
Council will be providing broad direction to guide the development of the Plan at that meeting.
An actual Fiscal Health Response Plan will not be presented to Council until April 2018 so that it
can be developed more specifically and include public and staff engagement.
Public and Staff Engagement
On October 5th, staff hosted two informational sessions with staff and one informational session
with the public at the Ludwick Community Center. At those engagement sessions, in addition to
staff presenting information, an independent actuary contracted by the City was present to
address technical questions. Also, Facilitator Don Maruska took questions from the audience for
a panel to address.
City Manager, Derek Johnson, presented to the Advisory Body Chairs at the Mayor’s Quarterly
meeting in October and staff liaisons to advisory bodies have been making the same presentation
at their October and November meetings. Additional outreach meetings have also taken place
with stakeholder groups such as the Chamber of Commerce. Consistent with the City’s Public
Engagement and Noticing Manual, all the information developed on this topic is available at
www.slocity.org/fiscalhealth and participation can occur with questions and/or suggestions via
Open City Hall at www.slocity.org/opencityhall. Employees have also received email updates
from staff as well as similar surveys. Throughout this process, it is staff’s intent to continuously
present information and engage the public and staff about solutions.
FISCAL IMPACT
Based on CalPERS actions taken in December of 2016, the City has identified significant fiscal
challenges facing the City. The Council adopted the Fiscal Sustainability and Responsibility
Major City Goal including a work program to with actions to ensure long-term fiscal health and
fiscal sustainability. The Fiscal Health Response Plan will address the structural budget gap.
Based on the preliminary forecasts, including thorough analysis of pension costs and unfunded
liabilities, the City would face a substantial fiscal imbalance if actions are not taken.
Packet Pg 142
11
ENVIRONMENTAL IMPACT
There is no environmental impact associated with developing this process nor maintaining a
fiscally balanced strategy.
ALTERNATIVE
Council could elect not to concur with the process described in this report. Based on the
preliminary forecasts, including thorough analysis of pension costs and unfunded liabilities, the
City would face a substantial fiscal imbalance if actions are not taken. The proposed process is
consistent with existing fiscal policies, best practices, and the Major City Goal Work program;
however, Council may elect to modify the process . Specific direction should be provided for any
desired modifications.
Packet Pg 143
11
Page intentionally left
blank.
Packet Pg 144
11
Meeting Date: 11/7/2017
FROM: Greg Hermann, Acting Assistant City Manager
Prepared By: Carrie Gallagher, City Clerk
SUBJECT: APPOINTMENTS TO THE 2018 COUNCIL COMPENSATION COMMITTEE
RECOMMENDATION
Make appointments to the Council Compensation Committee, effective immediately and
sunsetting upon presentation of its recommendations to the City Council, and direct them to:
1. Review the full Council compensation package and make recommendations to the City
Council no later than May 1, 2018, and
2. Review compensation for Planning Commission and Architectural Review Commission
members in conjunction with its review of Council compensation.
DISCUSSION
At the October 3, 2017 Council meeting, the Council unanimously voted to direct staff to begin
the formation of a 2018 Council Compensation Committee, which would review the full Council
compensation package and make recommendations to the City Council no later than May 1,
2018. Resolution No. 10516, adopted May 20, 2014, mandates that compensation for Planning
Commission and Architectural Review Commission members will be reviewed in conjunction
with its periodic review of the Council compensation and Council decided to also add that
review.
The last review of the Council compensation was in 2014. In both 2012 and 2015, Council
elected to defer the review process of appointing a Council Compensation Committee.
The Council Policies and Procedures specifies that a five-member citizen committee be
appointed by January 31st of even numbered years and, further, that committee recommendations
be forwarded to the Council no later than May 1st. Council Policies and Procedures Section 2.6.1
establishes guidelines for the make-up of the committee, as follows:
The committee membership shall have as broad a representation as possible, including but not
limited to, one previously elected official, one Personnel Board member, and one
citizen-at-large.
Section 2.6.2 outlines the responsibilities of the Council Compensation Committee, as follows:
The committee shall review the full Council compensation package including salary, benefits,
expense reimbursement, professional development allowances and any other compensation
provided the City Council. Review should include, but shall not be limited to: 1) compensation of
Council and Mayors of cities of similar population/budget size; 2) compensation practices of both
Packet Pg 145
12
Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4)
Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and,
5) any structural changes that may have occurred in municipal government either as a result of
State legislation or by actions of the local electorate that may have added to or deducted from the
duties and responsibilities of the Council Members and/or Mayor.
Past practice has been that Council Members nominate individuals to serve on the committee by
submitting names to the City Clerk. In the past, in the event that a member was unavailable for a
committee meeting, Council has appointed alternates. The individual Council Members have
submitted nominations to the City Clerk and the Clerk has confirmed interest with the
individuals suggested and the names of all interested are presented to Council and the public for
discussion and confirmation, as follows:
Previously Elected Official
Ewan, John
Personnel Board Member
Guyton, Frank
Justice, Louise
Citizen(s) At Large
Matheny, Louise
Stoker, Dale
Strickland, Brett
Council is to select at least one previously elected official, one Personnel Board member, and
one citizen-at-large. In addition, two additional nominees should be appointed to complete the
five-member committee. Council may desire to select individuals to serve as alternates in the
event a committee member is unavailable for a committee meeting.
Voting Procedures
Utilizing ballots provided by the City Clerk (Attachment A), individual Council members will
vote for a nominee in each category. If one nominee in a particular category receives three (3) or
more votes he/she shall be appointed to the Committee. If Council does not reach a majority, the
vote shall be repeated with the elimination of the nominees with no votes or the fewest votes,
until a nominee has been chosen.
ENVIRONMENTAL REVIEW
The recommended actions are not subject to the California Environmental Quality Act.
Packet Pg 146
12
FISCAL IMPACT
This effort will be led by the City Clerk with support from Human Resources and City
Attorney’s Office. In the event, there is a finding that an increase in compensation is warranted,
a recommendation for budget adjustment will be submitted for Council approval. An increase in
compensation would be adjusted by resolution and become effective the first full pay period in
January 2019.
ALTERNATIVES
Council may decide to forego the creation of the Council Compensation Committee, and limit
review to a Council determination to maintain the status quo or to defer discussion and creation
of a committee to January 2020.
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
A copy of the applications has been provided to the City Council and are available for public
review in the Clerk’s office.
Attachments:
a - Ballot
Packet Pg 147
12
Packet Pg 148
12