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HomeMy WebLinkAbout12-12-2017 Agenda Packet copyTuesday, December 12, 2017 4:00 PM SPECIAL 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 PUBLIC COMMENT FOR AGENDA ITEMS ONLY STUDY SESSION 1.COMMUNITY CHOICE ENERGY STUDY SESSION (HERMANN / CODRON – 90 MINUTES) Recommendation: 1.Receive and file the Technical Feasibility Study on Community Choice Energy (CCE) for the Tri-County area including San Luis Obispo County, Santa Barbara County, and Ventura County; and 2.Receive and file an initial feasibility study prepared by Pilot Power Group for the intra- county region – City of San Luis Obispo and County of San Luis Obispo; and 3.Provide staff with direction regarding whether or not to continue to pursue community choice energy options as follows: 1.Form a new CCE program; or 2.Solicit proposals to identify an existing CCE program to join; or 3.Discontinue or pause the pursuit of a CCE program at this time. ADJOURNED TO THE SPECIAL MEETING OF DECEMBER 12, 2017 TO BEGIN AT 6:00 PM Packet Pg 1 San Luis Obispo City Council Agenda December 12, 2017 Page 2 6:00 PM SPECIAL MEETING Council Chamber 990 Palm Street 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: Council Member Andy Pease PRESENTATIONS 2. PROCLAMATION - COMMENDATION TO SLO SAFE SPACE INITIATIVE (HARMON – 5 MINUTES) 3. PRESENTATION - CERTIFICATE OF RECOGNITION TO OUTGOING VICE MAYOR DAN RIVOIRE (HARMON – 5 MINUTES) APPOINTMENTS 4. VICE MAYOR APPOINTMENT FOR 2018 (HERMANN / GALLAGHER – 5 MINUTES) Recommendation: Appoint Council Member Carlyn Christianson as Vice Mayor to serve a one-year term commencing upon appointment. 5. APPOINTMENT TO THE PROMOTIONAL COORDINATING COMMITTEE (PCC) (HERMANN / GALLAGHER / GOODWIN – 5 MINUTES) Recommendation: In accordance with the recommendation of the Council Subcommittee: Confirm the appointment of John Thomas to the Promotional Coordinating Committee to complete an unexpired term through March 31, 2019. Packet Pg 2 San Luis Obispo City Council Agenda December 12, 2017 Page 3 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. 6. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (GALLAGHER) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 7. MINUTES OF NOVEMBER 21, 2017 (GALLAGHER) Recommendation: Approve the minutes of the City Council meeting of November 21, 2017. 8. APPROVE CORRECTIONS TO THE ORCUTT AREA SPECIFIC PLAN PARK FEES (CODRON / DOSTALEK) Recommendation: Adopt a Resolution “A Resolution of the City Council of the City of San Luis Obispo, California, approving corrections to the Orcutt Area Specific Plan Park fees.” Packet Pg 3 San Luis Obispo City Council Agenda December 12, 2017 Page 4 9. QUITCLAIM DEED FOR EASEMENTS ACROSS THE PROPERTY LOCATED AT 4450 BROAD STREET (CODRON / DOSTALEK) Recommendation: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Mayor to execute a quitclaim deed for easements across the property located at 4450 Broad Street.” 10. 2017 WATER RESOURCES STATUS REPORT (MATTINGLY / FLOYD / METZ / BOERMAN) Recommendation: Receive and file the 2017 Water Resources Status Report. 11. SMALL BORE ASSOCIATION LEAD REMEDIATION, SPECIFICATION NO. 91219 (GRIGSBY / MCGUIRE) Recommendation: 1. Approve construction documents for “Small Bore Association Lead Remediation”; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $221,500; and 3. Authorize allocation of $209,000 from the General Capital Fund and $70,000 from the Sewer Fund for a total of $279,000, with $244,000 to the construction account and $35,000 to the construction management account of the project. 12. AUTHORIZE REQUEST FOR PROPOSALS FOR PARKING LOTS AND STRUCTURES SWEEPING AND JANITORIAL SERVICES, SPECIFICATION NO. 91624 (GRIGSBY / LEE) Recommendation: 1. Authorize the release of the Request for Proposals (RFP) for Parking Lots and Structures Sweeping and Janitorial Services, Specification No. 91624; and 2. Authorize the City Manager to enter into a contract(s) with the successful bidder(s) if within authorized project budget of $250,000; and 3. Authorize the City Attorney to approve modifications to the form of the contract with the successful bidder(s). Packet Pg 4 San Luis Obispo City Council Agenda December 12, 2017 Page 5 13. CITY COUNCIL RESOLUTION SUPPORTING THE MISSION OF THE CENTRAL COAST DISTRACTED DRIVING AWARENESS PARTNERSHIP (GRIGSBY / HUDSON / FUKUSHIMA) Recommendation: Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, endorsing the Mission of the Central Coast Distracted Driving Awareness Partnership.” 14. ORDINANCE ADOPTION - AMENDING AND REAFFIRMING THE CURRENT ELECTION CAMPAIGN REGULATIONS (HERMANN / GALLAGHER) Recommendation: Adopt Ordinance No. 1643 (2017 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, readopting and amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations.” 15. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MARSH STREET CURB RAMPS PROJECT, SPECIFICATION NO. 91544 (GRIGSBY / NELSON) Recommendation: 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Marsh Street Curb Ramps project, Specification No. 91544; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer’s Estimate of $195,500. Packet Pg 5 San Luis Obispo City Council Agenda December 12, 2017 Page 6 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 16. BUDGET FOUNDATION: FISCAL HEALTH RESPONSE PLAN (JOHNSON / BRADFORD / STANWYCK) Recommendation: 1. Review and provide general direction to staff regarding proposed components and allocations for the development of a Fiscal Health Response Plan (FHRP) with final adoption of the FHRP in April 2018; and 2. Provide direction to staff to return in April 2018 with specific recommendations on the use of one-time fund balance above policy reserve including dollar allocation to fund a Section 115 Pension Trust to address long-term variability in pension costs and address unfunded liability; and 3. Review a preliminary 10-Year Capital Improvement Plan (CIP) and provide general direction to staff to return to Council in January 2018 for final review including recommendations to allocate reserves in excess of policy requirements towards community safety project. 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 The Regular City Council Meetings of December 19, 2017 and January 2, 2018 was previously cancelled. The next Regular City Council Meeting is scheduled for Tuesday, January 9, 2018 at 5:30 p.m. and 6:00 p.m., respectively, in the Council Hearing Room and Council Chamber, 990 Palm Street, San Luis Obispo, San Luis Obispo, California. Packet Pg 6 San Luis Obispo City Council Agenda December 12, 2017 Page 7 LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative form ats 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 7 Page intentionally left blank. Packet Pg 8 Meeting Date: 12/12/2017 FROM: Greg Hermann, Acting Assistant City Manager Michael Codron, Community Development Director Prepared By: Marcus Carloni, Sustainability Coordinator SUBJECT: COMMUNITY CHOICE ENERGY STUDY SESSION RECOMMENDATION 1. Receive and file the Technical Feasibility Study on Community Choice Energy (CCE) for the Tri-County area including San Luis Obispo County, Santa Barbara County, and Ventura County (Attachment E); and 2. Receive and file an initial feasibility study prepared by Pilot Power Group for the intra- county region – City of San Luis Obispo and County of San Luis Obispo (Attachment F); and 3. Provide staff with direction regarding whether or not to continue to pursue community choice energy options as follows: 1. Form a new CCE program; or 2. Solicit proposals to identify an existing CCE program to join; or 3. Discontinue or pause the pursuit of a CCE program at this time. REPORT-IN-BRIEF Climate Action was included as a Major City Goal in 2017-2019 Financial Plan. A key action in this goal included the following objective: Assess and report the requirements to achieve the “net-zero carbon City” target including feasibility analysis and implementation of a Community Choice Energy program. The purpose of this staff report is to provide information on the feasibility analyses completed to date for CCE programs, pursuant to the Major City Goal objective, and for the City Council to provide direction on next steps. In 2015 the City Council approved a resolution authorizing the City’s participation in the exploration of Community Choice Energy. Since approval of that resolution, the City has been involved in two feasibility study efforts: 1) the Intra-County Study - a pro-bono “initial feasibility study” prepared by Pilot Power Group designed to provide a high- level assessment of CCE feasibility within San Luis Obispo County, and 2) the Tri-County Feasibility Study – a multi-jurisdictional feasibility study providing a detailed analysis of eight geographical CCE participation scenarios across San Luis Obispo, Santa Barbara, and Ventura Counties (including the City jurisdictions within those Counties). The findings of the Intra-County Study generally align with the findings of a peer review of the Tri-County study, finding with high probability that a new CCE program would be able to cover its costs, generate net revenue, and maintain rate competitiveness across the studied scenarios. Packet Pg 9 1 The results of the Tri-County study were released in September 2017 and conclude that a newly created regional CCE program spanning San Luis Obispo, Santa Barbara, and Ventura Counties is not likely to be a viable venture in terms of the CCE program’s ability to provide competitive rates and remain a solvent organization. However, the results of the peer review indicate that it may be possible for a local or regional CCE program operating within Pacific Gas and Electric Company (PG&E) territory only (e.g. in San Luis Obispo and northern Santa Barbara County) to offer competitive rates while covering its costs. The Tri-County Feasibility Study and the Intra-County Study, however, did not consider the viability of joining an existing CCE program, which is another potential option for the City. Of the in-development CCE’s, Monterey Bay Community Power (MBCP) is the only one within PG&E service territory and the City could pursue joining this effort, or other CCE programs accepting new jurisdictions. In addition to the option to join an existing CCE program such as MBCP, this report provides several other options for the City Council’s consideration and direction to staff. Such options include forming a new local CCE program that only includes the City of San Luis Obispo, and/or forming a new CCE program wherein the City takes the lead to work with and include other jurisdictions to establish a larger CCE. General pros and cons with these options are provided herein together with a comparison table, and next steps associated with each of these options, dependent upon City Council direction. Note: for a glossary of terms used in this report please see Attachment A. DISCUSSION Background 1. About Community Choice Energy Community Choice Energy (CCE), also known as Community Choice Aggregation (CCA), enables local governments to leverage the purchasing power of their residents, businesses, and governments to purchase or generate power for their communities. When a CCE program is formed, the CCE provider purchases the electricity—which typically includes a higher percentage of electricity from renewable resources like wind and solar—and sets the rates charged to customers. The existing “investor-owned utility” (IOU), PG&E in our region, continues to deliver the electricity purchased by the CCE provider over their power lines and continues to provide metering, billing, and other customer service as they do now. The day-to- day experience for the customer is the same, meaning services continue to be provided by PG&E and the only difference is that energy is purchased through the CCE. Currently, there are nine CCE programs in operation throughout California: five in the San Francisco Bay Area, one in Humboldt County, and three in the Los Angeles area. The longest- standing CCE program is MCE Clean Energy, which began operations in Marin County in 2010 and has since grown to also include parts of Napa, Solano, and Contra Costa Counties. More than 20 jurisdictions are actively studying or developing CCE programs, with several programs Packet Pg 10 1 expected to launch in 2018. Attachment D includes a matrix prepared by County of Santa Barbara staff that compares the nine operational CCE programs and three in-development CCE programs. All of the operational and in-development CCE programs conducted feasibility studies that suggested CCE would be economically viable for their communities. 2. Steps to Forming a CCE Program There are three basic steps to forming a CCE program as provided below. • Step 1 (Feasibility): Assess the viability of CCE via a feasibility study. The study is typically prepared by a third-party with energy industry expertise with input from local government staff/elected officials and community members. A key milestone at this stage is obtaining electricity consumption data from the existing investor-owned utility (e.g. PG&E) and beginning to develop relationships with the investor-owned utility (IOU) as a working partnership with them is required. • Step 2 (Implementation): If feasible, the next step is to set up the CCE program implementation organization, prepare an implementation plan and IOU service agreements. If multiple jurisdictions are involved, a joint powers authority (JPA) is formed. The implementation plan must be certified by the California Public Utilities Commission and provides more detail about how the CCE program will be launched and operated. Power procurement and other service contracts may also be initiated during this phase, and more robust outreach and education efforts can occur. • Phase 3 (Launch): Launch the CCE program. This includes setting up the systems and processes, and securing vendors and staff needed to provide electricity service to customers. Key activities include hiring staff/vendors, purchasing power, setting up power scheduling systems and procedures with the California Independent System Operator, developing customer support programs, establishing billing systems and processes with the IOU, posting a California Public Utilities Commission bond and required deposits, developing marketing materials, and notifying customers of program launch. Previous Council Direction In December 2013 City Staff presented the City Council with a detailed report to educate the Council and community about CCE. No formal action was taken at that time other than exploratory steps including appointing Councilmembers to a CCE exploration advisory committee and allow the City Manager to release City power usage data to facilitate exploration of potential feasibility. In March 2015 the City Council approved Resolution No. 10609 confirming the City of San Luis Obispo’s participation in the exploration of CCE. The resolution authorized participation in an inter-jurisdictional investigation into CCE feasibility allowing execution of appropriate documents to allow technical consultants to acquire energy usage load data from the electric distribution utility for analysis as part of the feasibi lity study. (See Attachment B for the December 2013 staff report, March 2015 staff report, and March 2015 resolution.) Since adoption of the resolution, City staff have been involved in two CCE feasibility studies - Packet Pg 11 1 the Central Coast Power feasibility study (also known as the “Tri-County” feasibility study) and the Intra-County initial feasibility study. Details on these two efforts are provided below. Update on efforts since Council direction 1. Tri-County Feasibility Study In 2016, the Tri-County (San Luis Obispo, Santa Barbara, and Ventura Counties) CCE feasibility study effort began; led by the County of Santa Barbara with funding from ten other jurisdictions 1 and the Community Environmental Council, and was conducted by Willdan Financial Services (Willdan). A peer review was subsequently conducted by MRW & Associates. Staff from the eleven jurisdictions participated in an Advisory Working Group (AWG) to help guide and oversee the feasibility analysis, provide outreach support, and monitor policy and program developments related to CCE. The City of San Luis Obispo was not directly apart of the AWG but worked closely with County of San Luis Obispo and County of Santa Barbara staff to monitor the process. Scope of Tri-County Feasibility Study This study evaluated the feasibility of forming a new CCE program run by one or multiple local governments in the Tri-County Region. The study did not consider the viability of one or more jurisdictions joining an existing CCE program. The study assessed financial feasibility in terms of the ability of a local/regional CCE program to provide competitive electricity rates while meeting policy goals and covering substantial CCE program formation costs and ongoing operating expenses over a ten-year study period (2020- 2030). The Advisory Working Group (AWG) selected eight participation scenarios to explore the feasibility of different sizes and configurations for the CCE program and the potential effect of customer demographics. In addition, due to the complexity of evaluating the feasibility of forming a new CCE, the AWG took the additional prudent step to commission MRW & Associates (MRW) to conduct a third-party peer review of the Willdan feasibility study – to evaluate the assumptions and conclusions of Willdan’s work. For details on the participation scenarios and discussion of the Tri-County Feasibility Study see Attachment C (County of Santa Barbara Staff Report to Board of Supervisors October 3, 2017) and see Attachment E (Tri- County Feasibility Study). Findings of Tri-County Feasibility Study and MRW Peer Review In summary, the feasibility study indicates that a newly created regional CCE program spanning San Luis Obispo, Santa Barbara, and Ventura Counties is likely not a viable venture in terms of the CCE program’s ability to provide competitive rates and remain a solvent organization. Key factors that led to this conclusion are the very large size of the region leading to expensive and 1 County of San Luis Obispo, County of Santa Barbara, County of Ventura, Cities of Camarillo, Carpinteria, Moorpark, Santa Barbara, Simi Valley, Thousand Oaks, and Ventura. Packet Pg 12 1 risky debt issues, assumptions about significantly higher than expected future power cost projections, and complications arising from potentially operating in two utility service territories (Pacific Gas and Electric (PG&E) and Southern California Edison (SCE)). SCE’s relatively less expensive rates also contributed to the infeasibility finding. However, the results of the peer review (Attachment E, Tri-County Feasibility Study, Appendix L) indicate that it may be possible for a local or regional CCE program to operate within Pacific Gas and Electric Company (PG&E) territory, i.e., in San Luis Obispo and northern Santa Barbara County, to offer competitive rates while covering its costs. In its peer review, MRW did a rate comparison for unincorporated San Luis Obispo Count y which is fully within PG&E territory. Figure 1 (below) shows the CCE program’s expected rates (as shown by the stacked bar charts illustrating CCE costs) compared to the applicable IOU rates (blue line) for unincorporated San Luis Obispo County. Figure 1 shows that, after the first year, the unincorporated San Luis Obispo County CCE program’s rates are expected to also be roughly the same/lower than PG&E’s rates, with the exception of a three-year period from 2025 through 2027 where the rates are projected to exceed PG&E’s rates, and then dip back down below PG&E rates for the remaining years. This three-year anomaly is due to the anticipated closure of the Diablo Canyon Power Plant, which is expected to temporarily lower PG&E’s rates due to PG&E’s plans to replace Diablo Canyon’s output with low-cost energy efficiency rather than new generation. Figure 1. CCE versus PG&E Rate Comparison, Unincorporated San Luis Obispo County Middle of the Road (50% Renewable) Scenario It is worth noting that the Tri-County feasibility study evaluates the feasibility of forming a new CCE program run by one or multiple local governments in the Tri-County Region. The study did not consider the viability of one or more jurisdictions joining an existing CCE program, which is a potential option for the City of San Luis Obispo. Packet Pg 13 1 Tri-County Study – Current Status At this point, the County of San Luis Obispo, County of Ventura, and the other core jurisdictions are no longer involved in the Tri-County study. The study is still moving forward (scope has been adjusted, new consultants have been hired) and continues to be led by County of Santa Barbara staff, but with the withdrawal of the jurisdictions noted above, the study’s scope is now limited to assessing the feasibility of a CCE program within Unincorporated Santa Barbara County and the City of Santa Barbara and is now being performed by Pacific Energy Advisors. The County of Santa Barbara Board has also directed their staff to look into the possibility of joining the two nearby in-development CCE programs (Monterey Bay Community Power for the portion of the County in PG&E territory and Los Angeles Community Choice Energy for the portion within SCE territory). City Staff have been in communication with the County of Santa Barbara staff leading the Tri- County effort. Dependent upon the results of the new feasibility study there may be an opportunity for the City of San Luis Obispo and other local jurisdictions to join with Santa Barbara to form a Joint Powers Authority for a CCE program. Upon direction from the City Council, staff can continue to work with County of Santa Barbara staff to monitor the feasibility study and discuss the City’s involvement. 2. Intra-County Feasibility Study While the Tri-County Feasibility Study was underway, the City of San Luis Obispo worked in parallel to analyze the feasibility of an intra-county CCE. On July 14, 2015 the City of San Luis Obispo invited the County of San Luis Obispo to participate in an intra-county “initial feasibility study” for a CCE program within the County of San Luis Obispo. Each of the other six incorporated cities in the county were invited to participate, but none chose to do so. The initial feasibility study was offered at no cost and has been completed by Pilot Power Group using an analysis of regional energy use data from PG&E. The final report is provided as Attachment F. The initial feasibility study provides a high-level assessment of the likelihood that a new CCE program in San Luis Obispo would be able to maintain rate competitiveness and generate revenue in excess of program costs. The study includes three geographic participation options (County of San Luis Obispo only, City of San Luis Obispo only, and combined County and City of San Luis Obispo) and two scenarios. Scenario 1 assumes the CCE program would operate with the minimum amount of renewable energy needed to remain compliant with state requirements – essentially the CCE would have the same renewable portfolio as PG&E in this scenario. Scenario 2 assumes the CCE program would include 50% renewable energy in its portfolio. In all three geographic participation options and both scenarios, the study finds with high probability that a new CCE program would be able to cover its costs, generate net revenue, and maintain rate competitiveness. A summary of the results of the study is provided in the table below. As an example, the table shows that a “City only” CCE (dark blue column) providing 50% renewable energy (Scenario 2) would have 65% probability of generating revenue in excess of expenditures in the first year of operation (2018). Based on the assumptions of the study, the Packet Pg 14 1 expected net revenue in year one would be $853,189. The simulations run as part of this study showed that 46.63% of the time, the model produced a net revenue amount that was equal to or exceeded the expected net revenue of $853,189. In concluding that conditions are favorable to create a CCE program in San Luis Obispo, the initial feasibility study findings generally confirm the findings of the MRW peer review of the Tri-County Feasibility Study, noted above, which are that a City only option or combination of jurisdictions with PG&E service area are likely financially viable. It is important to note, however, that given the pro bono nature of the initial feasibility study, and the associated limits on its scope, these findings should only be used to indicate initial feasibility. A more in-depth, full feasibility analysis is the next step to determine whether a City of San Luis Obispo led CCE is viable. As part of the Major City Goal, the 2017-2019 Financial Plan allocated $25,000 to pay for this type of analysis. Options for Council Consideration With the results of the Tri-County and Intra County feasibility studies described above, staff have included two basic options for the City to pursue Community Choice Energy, as provided below. 1. Form a New CCE Program Pros: Local control, may include multiple local jurisdictions in our efforts. Cons: Slower (1 to 2 years), potential additional financial risk to the City, potentially more expensive and resource intensive. There are a number of options for forming a new CCE program which , if feasible, could include: a) the City working to form a local CCE program that only includes the City of San Luis Obispo; b) the City taking the lead and working with other jurisdictions to establish a larger CCE program operating together as a joint powers authority; and/or, c) the City continuing to monitor the Tri-County effort and possibly join Santa Barbara to establish a larger CCE program. Packet Pg 15 1 Generally, the next step for options a and b, above, would include staff preparing a Request for Proposals (RFP) to obtain, at a minimum, a consultant to assist in preparation of a full feasibility study to provide a complete assessment of the viability of a CCE program. A full feasibility study for the City of San Luis Obispo (and potentially including other jurisdictions) appears to be a viable option based on the results of the Intra-County initial feasibility study which indicates potential feasibility across all studied scenarios, as described above. Cost Examples Redwood Coast Energy Authority Example. Initial financial and startup costs can be significant. Recently, new methods have emerged such as the approach used by Redwood Coast Energy Authority (currently operational CCE) to finance a new CCE program. Their approach included putting out an RFP in search of an entity, or group of entities, to provide comprehensive services to support the development, financing, launch and operations of a CCE program with n o upfront costs paid by Redwood Coast Energy Authority (RCEA). In this approach, the successful bidder undertakes the development and launch of the program at their own risk and would receive on- going operations fees after and contingent on the successful launch of the CCE program. If the City undertook this approach it would essentially mean no costs would be borne by the City until revenues from the operating CCE program are received. California Choice Energy Authority Example. Another example of an initial financing approach is the method proposed by the California Choice Energy Authority – a Joint Powers Authority (JPA) of the City of Lancaster and the City of San Jacinto which is governed by the Lancaster City Council with each City joining as an associate member of the JPA. CCEA offers initial support (as well as continued support) for starting a new CCE. Note: their experience is in Southern California Edison territory. CCEA offers their services (including use of their contracted consultants) to help jurisdictions assess feasibility, prepare an implementation plan for submittal to the California Public Utilities Commission and administrative support to manage these efforts for a cost of $63,000. The City has currently budgeted $25,000 to support initial efforts associated with establishing a CCE. In addition to initial financing, CCEA has a hybrid approach to implementation where jurisdictions join CCEA to group together and share operational expenses and leverage economies of scale to help keep costs down, such as the cost of power purchasing, but individual jurisdictions still operate their own local CCE (i.e. share operational expenses but still keep local control of CCE revenues). If directed to “form a new CCE” staff will explore this approach further, however, two initial concerns include 1) CCEA operates in SCE territory and doesn’t have experience in PG&E territory, and 2) lack of control and the ability to decide key policy decisions which under CCEA are currently solely governed by the City of Lancaster’s City Council. 2. Join an Existing Program Pros: fast (as soon as early 2019), cost effective, low risk to the City. Cons: less control – City would be one of several votes on the JPA. Packet Pg 16 1 Monterey Bay Community Power The Tri-County Feasibility Study and the Intra-County Study did not consider the viability of joining an existing CCE program, which is a potential option for the City. For a list and details of operational and in-development CCE’s, see Attachment D. Of the in-development CCE’s, Monterey Bay Community Power (MBCP) is the only one within PG&E service territory and the City could pursue joining this effort, or other CCE programs accepting new jurisdictions. MBCP begins serving customers in 2018 and currently consists of a Joint Powers Authority between the Counties of Monterey, Santa Cruz, and San Benito. MBCP has already obtained all the financing and funding needed to operate and is projecting approximately $39 million in net revenue in its first year of operation (2018, partial year), and approximately $40-50 million in net revenue in its first full year of operation (2019). The agency has discretion to set its rates to be identical to PG&E rates with customer credits issued annually or quarterly depending upon customer class, and their standard electricity portfolio is 100% carbon free by purchasing from hydroelectricity sources. Staff have been in preliminary discussion with the Chief Executive Officer of MBCP who has expressed interest in the City of San Luis Obispo joining MBCP. The cost to join would be approximately $25,000 to $50,000 to cover consultant costs associated with amending MBCP’s Implementation Plan and resubmittal to the California Public Utilities Commission for re- certification. Other Existing Programs While MBCP is the only option currently available for the City to join with an existing CCE in PG&E service territory, several other CCE’s exist. As previously mentioned, the Santa Barbara County Board of Supervisors recently directed its staff to look into Los Angeles Community Choice Energy; however, that direction was only for its southern portion that is in SCE territory. Staff can continue to monitor options available for joining a CCE located outside of PG&E territory, but there are no clear options currentl y available to join. 3. Discontinue/Pause Pursuit of a CCE Pros: Potential for new, better, CCE model to emerge. Cons: Lose greenhouse gas emission reduction potential and economic benefit of CCE, rapidly changing regulatory environment may preclude future options. The electricity market and policy environment are rapidly transforming. While CCE programs have enjoyed tremendous growth over the past couple of years, both in terms of the number of programs and expansions of existing programs to serve more customers, the IOUs (e.g. PG&E) have had time to adjust to a more competitive market in a way that poses a greater risk to new CCE program formation. In addition, significant regulatory and potential legislative changes are possible in the next couple of years for CCE programs. Two bills were being proposed during the last legislative session that would have effectively stopped the formation of new CCE programs, and similar bills may be proposed in the near future. Packet Pg 17 1 The City Council could choose to discontinue or pause pursuit of a CCE program at this time to wait and see what happens with the market. However, the City may lose the opportunity of Community Choice Energy based on shifts at the regulatory level. If the City lost the opportunity to participate in a CCE, it might be difficult to achieve established net carbon community goals. This option is not recommended since options exist that may reduce the City’s upfront risk and costs of launching a CCE program. COMPARISON OF CCE OPTIONS Speed Cost Risk Local Control Regionalism 1 Form a New CCE Program City of SLO Only Med Low-High Med/Hig h High Low City of SLO + other Jurisdictions Med Low/Med Med Med Med Monitor/Join Tri-County Effort2 Slow Med Med Med High Join an Existing Program Fast Low Low Low Low Discontinue or Pause Pursuit n/a n/a n/a n/a n/a 1 A regional approach (multiple jurisdictions) to reducing Greenhouse Gas Emissions in San Luis Obispo 2 At this time the results of the new study are unknown QUESTIONS FOR COUNCIL CONSIDERATION AND DIRECTION Staff has provided the following focused questions to facilitate City Council direction to help guide the City Council in their deliberations. Questions for City Council direction Yes No A. Pursuit of Community Choice Energy (CCE) 1. Continue pursuit of CCE 2. Pause pursuit of CCE 3. Discontinue pursuit of CCE B. Form a new Community Choice Energy program? 1. City of San Luis Obispo Only? 2. City of San Luis Obispo and pursue other jurisdictions? 3. Continue to monitor the tri-county effort and possibly join Santa Barbara? C. Join an Existing Program? 1. Monterey Bay Community Power or research additional alternatives outside of PG&E service territory? Packet Pg 18 1 Questions for City Council direction D. Evaluation Factors 1. What criterion or set of criteria should be prioritized in evaluating CCE options? a. Renewable portfolio b. Pricing c. Governance (i.e. local control vs. ease/cost of administration) d. Risk tolerance e. Other Should the City Council direct staff to continue pursuit of Community Choice Energy staff has provided a summary of next steps by option below: 1. Option B.1 (City of SLO Only): If chosen, staff will prepare a Request for Proposal (RFP) and seek consultant(s) qualified to move us forward with Community Choice Energy. Based on existing limited staff resources and funding, staff would seek consultants who can provide comprehensive services to support development, financing, launch and operation of a CCE program similar to the Redwood Coast Energy Authority model described above. The RFP will be reviewed by the City Council for approval prior to issuance. 2. Option B.2 (City of SLO + other Jurisdictions): If chosen, staff will reach out to other jurisdictions within San Luis Obispo County as well as jurisdictions in Santa Barbara County that are within PG&E service territory (e.g. Santa Maria) to assess and encourage interest in joining the City. Then staff will prepare an RFP as discussed in option #1 above. 3. Option B.3 (Monitor and Possibly Join Santa Barbara): Note: this option could be combined with options B.1 and 2 above. If chosen, staff would continue to monitor the Tri-County effort and see what options exist for the City to join Santa Barbara should the new review find feasibility. 4. Option C (Join an Existing Program): If chosen, staff will continue discussions with Monterey Bay Community Power and search out opportunities to join other similar programs by issuing a Request for Information to see if other CCE programs are interested in allowing the City to join. ENVIRONMENTAL REVIEW Direction from the City Council regarding Community Choice Energy does not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262, as the actions involve only feasibility or planning studies for possible future actions which the Council has not approved, adopted, or funded and does not have a legally binding effect on later activities. Packet Pg 19 1 FISCAL IMPACT The City Council has budgeted $25,000 for pursuit of Community Choice Energy through the Climate Action Major City Goal work program. Fiscal impact will be researched in detail and determined dependent upon Council direction. ALTERNATIVES The City Council could choose no options and elect to suspend all efforts to pursue a CCE. This alternative is not recommended as CCE’s have shown promise in both reducing energy costs and providing greater renewable energy options to help jurisdictions meet GHG reduction goals. Attachments: a - Glossary of Terms b - December 2013 Council Agenda Report - March 2015 Council Agenda Report - March 2015 Council Resolution c - County of Santa Barbara Staff Report to Board of Supervisors October 3, 2017 d - Matrix Comparing CCE Programs e - Tri-County Feasibility Study (Executive Summary) f - Intra-County Initial Feasibility Study g - Council Reading File - Full Tri-County Feasibility Study Packet Pg 20 1 24 October 20, 2017 Glossary of Terms aMW: Average annual Megawatt. A unit of energy output over a year that is equal to the energy produced by the continuous operation of one megawatt of capacity over a period of time (8,760 megawatt-hours). Basis Difference (Natural Gas): The difference between the price of natural gas at the Henry Hub natural gas distribution point in Erath, Louisiana, which serves as a centr al pricing point for natural gas futures, and the natural gas price at another hub location (such as for Southern California). Buckets: Buckets 1-3 refer to different types of renewable energy contracts according to the Renewable Portfolio Standards requirements. Bucket 1 are traditional contracts for delivery of electricity directly from a generator within or immediately connected to California. These are the most valuable and make up the majority of the RECS that are required for LSEs to be RPS compliant. Buckets 2 and 3 have different levels of intermediation between the generation and delivery of the energy from the generating resources. Bundled Customers: Electricity customers who receive all their services (transmission, distribution and supply) from the Investor-Owned Utility. CAISO: The California Independent System Operator. The organization is responsible for managing the electricity grid and system reliability within the former service territories of the three California IOUs. California Energy Commission (CEC): The state regulatory agency with primary responsibility for enforcing the Renewable Portfolio Standards law as well as a number of other, electric -industry related rules and policies. California Public Utilities Commission (CPUC): The state agency with primary responsibility for regulating IOUs, as well as Direct Access (ESP) and CCE entities. Capacity Factor: the ratio of an electricity generating resource’s actual output over a period of time to its potential output if it were possible to operate at full nameplate capacity continuously over the same period. Intermittent renewable resources, like wind and solar, typically have lower capacity factors than traditional fossil fuel plants because the wind and sun do not blow or shine consistently. Category 1: renewable energy and Renewable Energy Certificates (REC’s) from an RPS eligible facility that is directly interconnected to the distribution or transmission grid within California Category 2: renewable energy and REC’s from an RPS eligible facility but cannot be delivered to a California balancing authority without substituting electricity from another source. Category 3: procurement of unbundled RECs only or not meeting the conditions of Cat egory 1 and 2. Category 2 Override: the pro forma model will exchange Category 2 renewables for Category 1 renewables. Climate Zone: A geographic area with distinct climate patterns necessitating varied energy demands for heating and cooling. Coincident Peak: Demand for electricity among a group of customers that coincides with peak total demand on the system. Community Choice Aggregation: Method available through California law to allow Cities and Counties to aggregate their citizens and become their electric generation provider. Packet Pg 21 1 25 October 20, 2017 Community Choice Energy: A City, County or Joint Powers Agency procuring wholesale power to supply to retail customers. Congestion Revenue Rights (CRRs): Financial rights that are allocated to Load Serving Entities to offset differences between the prices where their generation is located and the price that they pay to serve their load. These rights may also be bought and sold through an auction process. CRRs are part of the CAISO market design. Consumption: The use of energy or the amount of energy consumed by an individual or organization. Demand Response (DR): Electric customers who have a contract to modify their electricity usage in response to requests from a utility or other electric entity. Typically, will be used to lowe r demand during peak energy periods, but may be used to raise demand during periods of excess supply. Direct Access: Large power consumers which have opted to procure their wholesale supply independently of the IOUs through an Electricity Service Provider. DWR Bond Charge: an imposed bond charge to recover Department of Water Resources (DWR) bond costs from bundled customers. EEI (Edison Electric Institute) Agreement: A commonly used enabling agreement for transacting in wholesale power markets. Electric Service Providers (ESP): An alternative to traditional utilities. They provide electric services to retail customers in electricity markets that have opened their retail electricity markets to competition. In California the Direct Access program allows large electricity customers to optout of utility-supplied power in favor of ESP-provided power. However, there is a cap on the amount of Direct Access load permitted in the state. Electric Tariffs: The rates and terms applied to customers by electric utilities. Typically have different tariffs for different classes of customers and possibly for different supply mixes. Enterprise Model: When a City or County establish a CCE by themselves as an enterprise within the municipal government. Federal Tax Incentives: There are two Federal tax incentive programs. The Investment Tax Credit (ITC) provides payments to solar generators. The Production Tax Credit (PTC) provides payments to wind generators. Feed-in Tariff: A tariff that specifies what generators, who are connected to the distribution system, are paid. Forward Prices: Prices for contracts that specify a future delivery date for a commodity or other security. There are active, liquid forward markets for electricity to be delivered at a number of Western electricity trading hubs, including NP15 which corresponds closely to the price location which the City of Davis will pay to supply its load. Implied Heat Rate: A calculation of the day-ahead electric price divided by the day-ahead natural gas price. Implied heat rate is also known as the ‘break-even natural gas market heat rate, because only a natural gas generator with an operating heat rate (measure of unit efficiency) below the implied heat rate value can make money by burning natural gas to generate power. Natural gas plants with a higher operating heat rate cannot make money at the prevailing electricity and natural gas prices. Integrated Resource Plan: A utility's plan for future generation supply needs. Investor-Owned Utility: For profit regulated utilities. Within California there are three IOUs - Packet Pg 22 1 26 October 20, 2017 Pacific Gas and Electric, Southern California Edison and San Diego Gas and Electric. ISDA (International Swaps and Derivatives Association): Popular form of bilateral contract to facilitate wholesale electricity trading. Joint Powers Agency (JPA): A legal entity comprising two or more public entities. The JPA provides a separation of financial and legal responsib ility from its member entities. Load Data: Detailed information related to energy consumption by an individual, organization, or community. Load Forecast: A forecast of expected load over some future time horizon. Short-term load forecasts are used to determine what supply sources are needed. Longer-term load forecasts are used for budgeting and long-term resource planning. Marginal Unit: An additional unit of power generation to what is currently being produced. At and electric power plant, the cost to produce a marginal unit is used to determine the cost of increasing power generation at that source. MRTU: CAISO's Market Redesign and Technology Upgrade. The redesigned, nodal (as opposed to zonal) market that went live in April of 2009. Net Energy Metering: The program and rates that pertain to electricity customers who also generate electricity, typically from rooftop solar panels. Non-Coincident Peak: Energy demand by a customer during periods that do not coincide with maximum total system load. Non-Renewable Power: Electricity generated from non-renewable sources or that does not come with a Renewable Energy Credit (REC). NP15: Refers to a wholesale electricity pricing hub - North of Path 15 - which roughly corresponds to PG&E's service territory. Forward and Day-Ahead power contracts for Northern California typically provide for delivery at NP15. It is not a single location, but an aggregate based on the locations of all the generators in the region. Off Peak: time when demand for electricity is low between the hours of 11:00 pm to 6:59 am during the week days and 24 hours during the weekends. On-Bill Repayment (OBR): Allows electric customers to pay for financed improvements such as energy efficiency measures through monthly payments on their electricity bills. On-Peak: time when demand for electricity is high between the hours 7:00 am and 10:59 pm during the weekdays. Operate on the Margin: Operation of a business or resource at the limit of where it is profitable. Opt-Out: Community Choice Aggregation is, by law, an opt-out program. Customers within the borders of a CCE are automatically enrolled within the CCE unless they proactively opt-out of the program. Power Charge Indifference Adjustment (PCIA): A charge applied to customers who leave IOU service to become Direct Access or CCE customers. The charge is meant to compensate the IOU for costs that it has previously incurred to serve those customers. PPA (Power Purchase Agreement): The standard term for bilateral supply contracts in the electricity industry. Rate Stabilization Fund: an amount allocated into a reserve fund to be utilized to offset higher potential higher rates during rate setting. Renewable Energy Credits (RECs): The renewable attributes from RPS-qualified resources which must be registered and retired to comply with RPS standards. Packet Pg 23 1 27 October 20, 2017 Resource Adequacy (RA): The requirement that a Load-Serving Entity own or procure sufficient generating capacity to meet its peak load plus a contingency amount (15 percent in California) for each month. RPS (Renewable Portfolio Standards): The state-based requirement to procure a certain percentage of load from RPS-certified renewable resources. Scheduling Coordinator: An entity that is approved to interact directly with CAISO to schedule load and generation. All CAISO participants must be or have an SC. Scheduling Agent: A person or service that forecasts and monitors short term system load requirements and meets these demands by scheduling power resource to meet that demand. Spark Spread: The theoretical grow margin of a gas-fired power plant from selling a unit of electricity, having bought the fuel required to produce this unit of electricity. All other costs (capital, operation and maintenance, etc.) must be covered from the spark spread. Supply Stack: Refers to the generators within a region, stacked up according to their marginal cost to supply energy. Renewables are on the bottom of the stack and peaking gas generators on the top. Used to provide insights into how the price of electricity is likely to change as the load changes. Total CAISO Load: the total electricity need to procure from the CAISO taking in consideration for line losses. Line losses is wasted electric energy due to inherent inefficiencies or defects in the distribution or transmission system. Total Retail Load: the total electricity consumed by consumers (residential and commercial) in a given period. Uncollected Factor: a model parameter allocating a percentage of revenue as uncollectable, otherwise considered bad debt. Weather-Adjusted: Normalizing energy use data based on differences in the weather during the time of use. For instance, energy use is expected to be higher on extremely hot days when air conditioning is in higher demand than on days with comfortable temperature. Weather adjustment normalizes for this variation. Wholesale Power: Large amounts of electricity that are bought and sold by utilities and other electric companies in bulk at specific trading hubs. Quantities are measured in MWs, and a standard wholesale contract is for 25 MW for a month during heavy-load or peak hours (7am to 10 pm, Mon-Sat), or light-load or off-peak hours (all the other hours). Packet Pg 24 1 RESOLUTION NO. 10609 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CONFIRMING CITY OF SAN LUIS OBISPO PARTICIPATION IN THE EXPLORATION OF COMMUNITY CHOICE AGGREGATION (CCA) WHEREAS, the San Luis Obispo City Council is committed to supporting actions that promote local economic benefit and job creation; and WHEREAS, the San Luis Obispo City Council is committed to promoting choice and competition for the benefit of its residents and businesses; and WHEREAS, the San Luis Obispo City Council is committed to increasing energy efficiency, and to supporting more broad availability and use of local renewable power sources; and WHEREAS, Community Choice Aggregation (CCA) is a program through which an energy district, represented by participating local governments within its jurisdiction, purchases electrical power on behalf of its residential and commercial customers; and WHEREAS, the electric distribution utility is an important partner, responsible for reliable delivery of power and enhancement and maintenance of grid infrastructure; and WHEREAS, Community Choice Aggregation, if determined to be technically and financially feasible, could provide substantial economic and environmental benefits to all residents and businesses in the City of San Luis Obispo; and WHEREAS, Community Choice Aggregation provides the opportunity to fund and implement a wide variety of energy related programs of interest to the community; and WHEREAS, it is intended for the CCA Exploration Advisory Committee (CEAC), to be an advisory group comprised of local agency staff, local elected officials or their designees, and members of the public with expertise in energy, finance, law and /or any other pertinent skills; with the charge to develop CCA feasibility information and to advise the San Luis Obispo City Council and participating local agencies; and WHEREAS, the City of San Luis Obispo's adopted Climate Action Plan states that the City shall evaluate the feasibility of a regional Community Choice Aggregation program to procure electricity from renewable resources. NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council that: 1. The San Luis Obispo City Council agrees to participate in an inter - jurisdictional investigation into the feasibility of Community Choice Aggregation (CCA), through a CCA Exploration Advisory Committee R 10609 Packet Pg 25 1 Resolution No. 10609 (2015 Series) Page 2 CEAC), supported by SLO Clean Energy, California Clean Power, or similar entity, to guide preparation of feasibility information without obligation of the expenditure of General Funds unless separately authorized in a future action by the San Luis Obispo City Council. 2. The San Luis Obispo City Council will appoint at least one designee and an alternate to participate as a member of the CEAC. City staff is authorized to execute the appropriate documents to allow the city, CEAC, SLO Clean Energy, California Clean Power, or similar entity, and its technical consultants to acquire energy usage load data from the electric distribution utility so it may be analyzed as part of the exploration process. 4. Adoption of this resolution in no way binds or otherwise obligates the San Luis Obispo City Council to establish or participate in a Community Choice Aggregation program. Upon motion of Council Member Rivoire, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Carpenter, Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 31St day of March 2015. I- 2* a r Jan M rx ATTEST: cony ei, - City Clerk Packet Pg 26 1 Resolution No. 10609 (2015 Series) Page 3 APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this s day of i Packet Pg 27 1 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Pg 28 1 CityofSanLuisObispo, CouncilAgendaReport, MeetingDate, ItemNumber FROM: Michael Codron, Assistant City Manager SUBJECT: RESOLUTION SUPPORTING CITY PARTICIPATION IN THE EXPLORATION OF COMMUNITY CHOICE AGGREGATION ( CCA), TOGETHER WITH OTHER JURISDICTIONS IN THE REGION. RECOMMENDATION Adopt a resolution in support of an inter-jurisdictional investigation into the feasibility of CCA and to communicate this support to the County Board of Supervisors and the other cities in the County. There is no obligation to expend City funds or commitment to establish or participate in a potential future CCA program. DISCUSSION Background In December 2013 City staff presented the City Council with a detailed report to educate the Council and community about CCA, and identify options available to the City to participate in an exploration of the feasibility of such a program in the region (Attachment 1, 12-3-13 Council Agenda Report).1 At this meeting, the Council stopped short of officially endorsing CCA exploration (because no resolution of support was adopted), but a majority of the Council expressed sufficient interest that two exploratory steps were taken, as follows: 1. Council Member Christianson was appointed to be the City’s representative on a CCA Exploration Advisory Committee supported by SLO Clean Energy. Council Member Ashbaugh was selected to be the alternate; and 2. The City Manager was authorized to allow the release of City power usage data to facilitate the exploration of feasibility. Council Member Christianson was able to attend all of the meetings that occurred in 2014 and has now been replaced on the Committee by Council Member Rivoire. Current Request Following the 2014 meetings it has become clear that the next official step is for a lead agency to step forward and formally organize and fund a feasibility study. For this to happen, it would be helpful for interested jurisdictions to step forward and declare their support. The Cityof San Luis Obispo can express its support by passing a resolution similar to the one passed in 2014 by the City of Morro Bay. The proposed resolution has no funding or other resources attached to it, but is a clear indication of the City’s formal desire to participate in the exploration process if it moves forward (Attachment 2). 1 Community Choice Aggregation (CCA) essentially leverages the aggregate buying power of individual customers in a city or county to secure a different mix of energy sources than the standard investor-owned utility (PG&E). CCA is often used to secure contracts with energy providers that use alternative power sources such as solar or wind. 3/31/15 B3 B3-1Packet Pg 29 1 Community Choice Aggregation Resolution Page 2 The proposed action is consistent with the Climate Action Plan (CAP) adopted in August 2012. A specific implementation item in the CAP calls for the City to: “Evaluate the feasibility of a regional Community Choice Aggregation program to procure electricity from renewable resources.”2 The proposed action is one of many steps that the City can take to advance this action item. Furthermore, the City is a member of the Air Pollution Control District’s Greenhouse Gas Stakeholder Group, which supports a regional CCA feasibility study. Should the Council adopt the resolution and direct a letter to be sent to the County and other cities in the County, staff from Administration will craft that correspondence for the Mayor’s signature. Supporting Documentation and Resources In addition to the information included in Attachment 1, SLO Clean Energy has provided the following links for those that wish to research the issue more deeply: 1. Introduction to CCA by Geof Syphers, CEO of Sonoma Clean Power https://www.youtube.com/watch?v=-pQLETdzcy4 (15 Minutes) 2. Recommendations on starting your own CCA from Geof Syphers https://www.youtube.com/watch?v=queqJZUODB8 (22 Minutes) 3. Videos submitted by community choice leaders at a Business for Clean Energy Conference in Silicon Valley http://biz4cleanenergy.com/new-energy-choices-silicon- valley/ CONCURRENCES The Utilities Department concurs with information included in this report. FISCAL IMPACT There is no fiscal impact associated with passing a resolution expressing interest in exploring a CCA. It is likely that a funding request would be made to the City in the future, should another jurisdiction take the lead role in the feasibility analysis, however the City makes no commitments with respect to funding by passing the proposed resolution. ALTERNATIVES 1. Do not pass a resolution in support of CCA. This alternative is not recommended because the next steps in learning more about CCA require jurisdictions like the City of San Luis Obispo to formally express their interest so that a lead agency might step forward to facilitate the exploration process and feasibility study. 2. Continue consideration to a future meeting. The Council can continue consideration of the draft resolution if more information is needed. In this case, direction should be provided to staff to conduct additional research and return to the City Council at a future date. 2 City of San Luis Obispo. Climate Action Plan: Pg.: A-4. 2012 B3-2Packet Pg 30 1 Community Choice Aggregation Resolution Page 3 ATTACHMENTS 1. 12-3-13 Council Agenda Report with background information about CCA 2. Draft resolution expressing the City’s support for participation in an exploration of the feasibility of CCA B3-3Packet Pg 31 1 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Pg 32 1 ATTACHMENT 1 FROM: Carrie Mattingly, Utilities Director Prepared By: Ron Munds, Conservation Manager SUBJECT: COMMUNITY CHOICE AGGREGATION PROGRAMS (RELATED TO ENERGY GENERATION CHOICES) RECOMMENDATION Receive information regarding Community Choice Aggregation Programs. DISCUSSION Background In response to Council direction, the following report gives an overview of Community Choice Aggregation (CCA). In 2002 the California Legislature passed Assembly Bill 117, which permitted the creation of CCA programs. Under the legislation, a city, county, or Joint Powers Authority, may implement a CCA program. A CCA entity is allowed to set rates for its customers and choose the form of energy generation, enabling communities to choose renewable energy sources rather than the local utility’s mix of energy sources. CCA essentially leverages the aggregate buying power of individual customers in a city or county. Once formed, individual customers within aCCA service area can opt out of the CCA and continue to receive power from the local (usually investor -owned) utility. Although a CCA contracts for its own energy supply mixes, the local utility continues to own the electricity distribution infrastructure and provide electricity transmission, distribution, billing, and related customer services. This means customers of a CCA continue to pay the same charges for the power transmission and distribution charges as customers that remain with the utility. The CCA entity must pay the local utility for services provided to the CCA (such asmeter reading and billing). In order to form a CCA, the law requires jurisdictions to submit an implementation plan to the California Public Utilities Commission (CPUC) that provides information on the proposed CCA’s organizational structure, rate setting procedures, and a description of the financial and technical capabilities of any third parties that will supply power to the CCA. AB 117 further stipulates that the CPUC shall ensure that no costs are shifted to the remaining customers of the incumbent utility as a result of the CCA customers’ departure from the electricity load served by the utility. The CPUC has instituted a Cost Responsibility Surcharge that CCAs must pay to incumbent utilities until shifted or “stranded” costs are paid off. The Cost Responsibility Surcharge potentially can affect the cost-competitiveness of CCAs because a high Cost Responsibility Surcharge must be recovered in the CCA’s rates. There is only one operating CCA in California, Marin Energy Authority; the rates in their service area are currently competitive with PG&E’s rates with some customers paying slightly less and others paying slightly more than PG&E customers. Meeting Date Item NumberDec. 3, 2013 SS1 B3-4Packet Pg 33 1 Community Choice Aggregation Page 2 Things to Consider – Potential Advantages of a CCA Program There are a number of potential benefits to having a public CCA entity provide electrical power rather than an investor owned utility: 1. Increased Renewable Energy Use: Because a CCA entity can select the type of power it provides to its customers, it can focus on carbon-free renewable power sources, and reduce its reliance on generation using fossil fuels such as gas or coal. 2. Local Economic Benefits: If the CCA entity were to focus on local renewable generation sources, the revenues for electrical service paid by residents in a region would remain in the area of benefit rather than be paid to the incumbent utility’s investors, thus potentially creating local jobs and improving the local economy. 3. Local Control: The governing board of the CCA entity would be comprised of local elected officials, so that residents could more easily influence decisions about the operation and priorities of the CCA entity. 4. Lower Financing costs: Because public entities are able to finance electrical generation facilities with tax-exempt bonds and do not have to pay dividends to shareholders, a public CCA program may, in the long run, be able to provide electrical power at a lower cost than an investor-owned utility. 5. Increased Customer Choice: A public CCA increases consumer choice, by giving customers an option of receiving power from the CCA entity or remaining with the incumbent utility. 6. Influence Conservation Programs: A public CCA could choose to undertake more aggressive energy conservation programs than the incumbent utility which would provide a community-wide benefit. 7. Implementation of City Policies: There are General Plan and Climate Action Plan policies that support use of renewable energy. 8. Provide for Small-Scale Renewables: A CCA can provide a market for small-scale renewable energy projects such as photovoltaics. Things to Consider – Potential Issues and Risks of a CCA Program The risks associated with CCA formation fall into two categories: Pre-formation risks and post- formation (operational) risks. Pre-formation Issues - Creating a CCA program will require a number of political, engineering, legal, and financial steps, including the development of a detailed implementation plan that must be submitted to and certified by the CPUC. The development work and the preparation of the implementation plan will require the hiring of expert consultants to perform necessary analysis including a feasibility study. B3-5Packet Pg 34 1 Community Choice Aggregation Page 3 The city received correspondence from the SLO Clean Energy coalition which indicated an opportunity to share costs for a regional CCA feasibility study between San Luis Obispo, Santa Cruz, Monterey, and San Benito Counties (Attachment, SLO Clean Energy Letter). The costs of the study and cost allocation are not detailed in the submitted letter although it states a CCA feasibility study can be over $200,000 for a single county. Other California counties have completed CCA feasibility studies, including Sonoma County which estimated the total start-up cost for a CCA in their county to be $1.7 million. Sonoma County’s study also indicates that $500,000 to $750,000 of the total cost may not be recoverable from CCA rates once in operation. The non-recoverable costs would include the feasibility study and the drafting and execution of the necessary formation related agreements ( such as a Joint Powers Agreement). Once the decision has been made to initiate a CCA program, the entity will then need to begin taking steps to commence operations. Depending on how the CCA elects to structure its program, additional funds will be needed to finance start-up costs which would include but not be limited to the following: 1. Recruit and hire staff 2. Develop information and outreach materials 3. Establish a customer call center for inquiries 4. Prepare short and long term load forecasts 5. Develop capability or negotiate contracts for operational services ( such as electronic data interchange with utility, customer bill calculations, schedule coordinator services, etc.) 6. Execute contracts for electric supply; identify generation projects and negotiate participation 7. Obtain financing for program capital requirements 8. Send customer notices and explain opt-out option 9. Submit notification of certification to the CPUC Post-formation Risks - The predominant cost of service variables and risks that might impact the CCA’s operational costs are: 1. The Cost Responsibility Surcharge (CRS) will vary year-to-year: The CRS is inversely related to the prevailing market price of electricity such that if market prices fall, the CRS will increase. To the extent the CRS increases and CCA program has locked in electricity prices through long-term contracts, the CCA customers’ total rates will increase. 2. Procurement Risks: This broad category of risks relates to the ability of a CCA to procure power at reasonable costs, to avoid significant under- or over-procurement, avoid a supplier’s ability to default on a supply contract at times when energy spot markets are high forcing the CCA to purchase expensive power, and the future success of the CCA at renewing power supply agreements. 3. Regulatory Risks: These risks consist of uncertainty in regulatory decisions by the California Public Utilities Commission that could adversely affect the costs that customers have to pay to take service from a CCA, such as exit fees paid by customers and bonding requirements for the CCA. B3-6Packet Pg 35 1 Community Choice Aggregation Page 4 4. Policy Risks: While all CCA members have a voice on a governing Board, no single city can control policy. Thus, due to the differing demographic, economic, and business composition relative to a regional body, the City might find that the interests of its citizens and businesses are not well served by decisions of the governing Board. 5. Customer Cost Risks: These risks consist of the uncertainty in exit fees, whether the CCA can continue to “meet or beat” PG&E’s costs of service, how a CCA will handle adding different types of customers in the future, and the uncertainty in costs that are passed through directly from the CCA’s power supplier to customers. This also includes the risk that the CCA may not be willing, or able, to provide low-income customers rates that will be no higher than PG&E’s. Community Choice Aggregation Programs in California CCA Programs have been authorized in California since 2003. The only CCA program currently operating in California was created in Marin County and began serving customers in May 2010. However, there are multiple other cities or counties exploring the feasibility and program requirements of establishing a CCA. The following is a summary and status of programs in California: Entity Status Milestones Additional Information Marin Energy Authority Operating Only operational CCA in California marinenergyauthority.com Sonoma Clean Power Initiating Projected to begin service in January 2014 www.scwa.ca.gov/cca/ Clean Power SF Initiating Working to finalize implementation plan cleanpowersf.org Monterey/Santa Cruz/ San Bonito Counties Investigating Counties and interested cities pass resolution of participation in May 2013 montereybaycca.org Yolo County/City of Davis Investigating Early stages of investigation City- council.cityofdavis.org San Diego County Very Early Stages of Investigation Exploring funding sources and other organizational issues sandiegoenergydistrict.org This is not an all-inclusive list; there may be other cities and/or counties investigating the formation of a CCA. Next Steps Should Council be interested in further exploring the formation of a CCA or expressing its support for such a venture, more fully understanding the exact cost of participating in a feasibility study and funding sources for such a study will be important. Some other items for consideration would be B3-7Packet Pg 36 1 Community Choice Aggregation Page 5 any electricity data access restrictions, collective community support for CCA formation, the current energy mix of PG&E, and a broader study of the successes/challenges experienced by other cities and/or counties who are doing this or attempted such an action. Exploration of the formation of a CCA is not currently on the work program of any city department. Undertaking such exploration would require a very significant commitment of interdepartmental staff resources and financial resources, not currently contemplated or budgeted. Thus, if the Council is interested in further studying the formation of a CCA, staff would recommend that Council consider options and priorities in the context of the City’s existing budget processes, whereby current Major city goal and work program impacts, workload re-prioritizations, and/or additional staff and financial resource needs can be evaluated in a comprehensive way. CONCURRENCES The Community Development Department concurs with the information provided in this report. FISCAL IMPACT The material provided in this report has been presented for information purposes therefore there is no fiscal impact associated with this report. ATTACHMENT 1. SLO Clean Energy Letter CCA (MattinglyMunds) B3-8Packet Pg 37 1 BOARD OF SUPERVISORS AGENDA LETTER Clerk of the Board of Supervisors 105 E. Anapamu Street, Suite 407 Santa Barbara, CA 93101 (805) 568-2240 Agenda Number: Department Name: Community Services Department Department No.: 057 For Agenda Of: October 3, 2017 Placement: Departmental Estimated Time: 2 hours 30 minutes Continued Item: No If Yes, date from: N/A Vote Required: Majority TO: Board of Supervisors FROM: Department Director(s) George Chapjian, Community Services Director (805) 568-2467 Contact Info: Jen Cregar, Project Supervisor, Energy & Sustainability Initiatives (805) 568-3506 SUBJECT: Community Choice Energy Feasibility Study Results County Counsel Concurrence Auditor-Controller Concurrence As to form: Yes As to form: Yes Other Concurrence: Risk Management As to form: Yes Recommended Actions: That the Board of Supervisors: A. Receive and file a Technical Feasibility Study on Community Choice Aggregation for the Central Coast Region (Attachment A; report and study appendices also may be downloaded at http://www.centralcoastpower.org/resources.nrg); B. Receive and file a Comparison Matrix of Community Choice Energy Programs (Attachment C); C. Provide staff with direction regarding community choice energy options as follows: 1. Option 1. Join two existing CCE programs; 2. Option 2. Form a new CCE program; 3. Option 3. Not implement a CCE program at this time and continue to explore additional CCE-related options for later consideration; or 4. Option 4. Not implement a CCE program at this time and discontinue the County’s evaluation of CCE.; and Packet Pg 38 1 Page 2 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 D. Determine that the above recommended actions do not constitute a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262, as the actions involve only feasibility or planning studies for possible future actions which the Board has not approved, adopted, or funded and does not have a legally binding effect on later activities, and direct staff to file a Notice of Exemption (NOE) (Attachment B); or E. Provide other direction to staff. Summary Text: Staff, in collaboration with ten other jurisdictions across the Tri-County Region, has been evaluating the feasibility of a regional community choice energy (CCE) program for Santa Barbara, San Luis Obispo, and Ventura Counties. The County of Santa Barbara (“County”) commissioned a feasibility study (Attachment A) in 2016 to determine whether CCE is a good fit for Santa Barbara County and the Tri- County Region. The feasibility study and subsequent peer review suggest that a newly created regional CCE program spanning Santa Barbara, San Luis Obispo, and Ventura Counties is likely not a viable venture in terms of the CCE program’s ability to provide competitive rates and remain a solvent organization. The feasibility study similarly found that a stand-alone CCE program for the unincorporated area of Santa Barbara County also would not produce competitive rates or a long-term financially viable organization. The results of the peer review, however, indicate that it may be possible for a local or regional CCE program operating within Pacific Gas and Electric Company (PG&E) territory, including northern Santa Barbara County, to offer competitive rates while covering its costs. However, a jurisdiction that offers CCE service to one residential customer must offer CCE service to all residential customers. This means that the County cannot operate a CCE program solely within PG&E territory in the northern unincorporated area of Santa Barbara County. The County must also offer CCE service in the southern unincorporated area of Santa Barbara County, which is served by Southern California Edison (SCE), which has lower electricity generation rates than PG&E. The feasibility study and peer review indicate that a new regional CCE program, under the assumptions used in the feasibility study and peer review, is not likely to be able to offer competitive rates in SCE territory. Staff is requesting that the Board consider the following options and provide direction on how to proceed with CCE:  Option 1. Join two existing CCE programs;  Option 2. Form a new CCE program;  Option 3. Not implement a CCE program at this time and continue to explore additional CCE- related options for later consideration; or  Option 4. Not implement a CCE program at this time and discontinue the County’s evaluation of CCE. No additional funding or changes in staffing levels are requested at this time. Packet Pg 39 1 Page 3 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Background: About Community Choice Energy CCE, also known as community choice aggregation (CCA), enables local governments to leverage the purchasing power of their residents, businesses, and governments to purchase or generate power for their communities. When a CCE program is formed, the CCE provider purchases the electricity—which typically includes a higher percentage of electricity from renewable resources like wind and solar—and sets the rates charged to customers. The existing investor-owned utility (IOU)—in our region, PG&E and SCE—continues to deliver the electricity purchased by the CCE provider over the IOU’s power lines and provide metering, billing, and other customer service. Currently, there are nine CCE programs in operation throughout California: five in the San Francisco Bay Area, one in Humboldt County, and three in the Los Angeles area. The longest-standing CCE program is MCE Clean Energy, which began operations in Marin County in 2010 and has since grown to also include parts of Napa, Solano, and Contra Costa Counties. More than 20 jurisdictions are actively studying or developing CCE programs, with several programs expected to launch in 2018. Attachment C includes a matrix that compares a potential Central Coast Power regional CCE program with the nine operational CCE programs and three in-development CCE programs that would share some similarities to a regional Central Coast Power CCE program. All of the operational and in-development CCE programs conducted feasibility studies that suggested CCE could be economically viable for their communities. Board Action Related to CCE On May 5, 2015, the Board provided direction to staff to solicit participation from area local governments in a regional CCE feasibility study and to prepare information on the costs of CCE exploration. On June 9, 2015, the Board appropriated funds to the Community Services Department to conduct the initial phase of evaluating the formation of a CCE program (“Phase 1”). Per Board direction, staff contacted all 27 eligible jurisdictions1 throughout the Tri-County Region in late 2015 to invite them to participate in a regional CCE feasibility study. Ten jurisdictions, plus the Community Environmental Council, joined the County to fund the study, the results of which are presented herein. Staff formed an Advisory Working Group, composed of the contributing counties and cities,2 to help guide and oversee the feasibility analysis, provide outreach support, and monitor policy and program developments related to CCE. The County, with input from the Advisory Working Group, commissioned Willdan Financial Services (“Willdan”) to complete the CCE feasibility study. The contract with Willdan was approved by the Board on May 10, 2016, and subsequently extended to allow for the completion of the study presented herein. The Advisory Working Group selected Willdan to conduct the study, in part, due to its commitment to providing an impartial assessment and willingness to forego future CCE work in the region so as to not bias the outcome of the study. Willdan has also completed similar feasibility studies for the Cities of Lancaster and San Diego. MRW and Associates (“MRW”), who was later hired to conduct a peer review of Willdan’s feasibility study, also has agreed to the same commitment to 1 Lompoc operates its own municipally owned electric utility and therefore is not eligible to participate in a CCE program. All other cities and counties in the Tri-County Region are included in the study. 2 For a list of Advisory Working Group members, visit http://centralcoastpower.org/about.nrg#leadership. Packet Pg 40 1 Page 4 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 impartiality and has performed similar CCE technical evaluations for other local governments, including Alameda County and the City of San Diego. Our regional CCE exploration effort is sometimes referred to as “Central Coast Power.” Staff, with input from the Advisory Working Group, created a website (www.CentralCoastPower.org) to share information about our local CCE progress. Feasibility Study Scope The feasibility study evaluates the feasibility of forming a new CCE program run by one or multiple local governments in the Tri-County Region. The study did not consider the viability of one or more jurisdictions joining an existing CCE program. The study assessed financial feasibility in terms of the ability of a local/regional CCE program to provide competitive electricity rates while meeting policy goals and covering substantial CCE program formation costs and ongoing operating expenses over an eleven-year study period (2020-2030). The Advisory Working Group selected eight participation scenarios to explore the feasibility of different sizes and configurations for the CCE program and the potential effects of customer demographics. The eight participation scenarios included in the study are: 1. All Tri-County Region, including all 27 eligible jurisdictions throughout San Luis Obispo, Santa Barbara, and Ventura Counties 2. Advisory Working Group Jurisdictions, including the 11 jurisdictions that funded the feasibility study 3. All San Luis Obispo County, including the unincorporated area of the county and its cities 4. Unincorporated San Luis Obispo County 5. All Santa Barbara County, including the unincorporated area of the county and its cities 6. Unincorporated Santa Barbara County 7. All Ventura County, including the unincorporated area of the county and its cities 8. City of Santa Barbara In addition to the eight participation scenarios, three renewable energy content scenarios were considered for each participation scenario: 1. Renewable Portfolio Standard (RPS) Equivalent: This scenario assumes that the CCE program would offer its base electricity product to all customers starting at 33% renewable energy content in 2020 and ramping up to 50% renewable energy content by 2030 in alignment with the California RPS.3 2. Middle of the Road: This scenario assumes that the CCE program would offer its base electricity product to all customers using 50% renewable energy content for the entire study period. 3. Aggressive: This scenario assumes that the CCE program would offer its base electricity product to all customers using 75% renewable energy content for the entire study period. 3 http://www.cpuc.ca.gov/RPS_Homepage/ Packet Pg 41 1 Page 5 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 For each of the renewable energy content scenarios, 2% of customers were assumed to voluntarily opt up to a premium 100% renewable energy product. In total, 24 different scenarios were considered (8 participation x 3 renewable energy content scenarios). Twelve of the 24 scenarios include the unincorporated area of Santa Barbara County. The results for the Advisory Working Group participation scenario under all three renewable energy content scenarios are presented in the body of the feasibility study report and in greater detail in Appendix D of the feasibility study report. Results for the remaining scenarios are included in Appendices C and E-J. Appendix E includes the results for the Unincorporated Santa Barbara County Scenario. The report and appendices are available at: http://www.centralcoastpower.org/resources.nrg. Feasibility Study Peer Review Evaluating the feasibility of CCE is a difficult, complex, and time-consuming exercise involving numerous variables and assumptions that are predicated on long-term forecasts of conditions and costs within a dynamic energy procurement and regulatory landscape. While the existence of nine CCE programs throughout California provides some verification of proof of concept, the procurement and management of energy by local governments remains a complicated and multi-faceted venture. Two IOUs currently serve Santa Barbara County: PG&E in North County and SCE in South County. While this split IOU situation does not apply to other local governments in the region, each of the eight participation scenarios that include the unincorporated area of Santa Barbara County is affected by the presence of both IOUs. There are no other operational CCE programs that span multiple utility service areas, and there is no way to offer a CCE program for the unincorporated area of Santa Barbara County without operating in both IOU territories. PG&E and SCE have differing rate structures and actual customer rates, which present some unique challenges to the CCE program that would need to be considered when setting electricity rates. In addition, a potential regional CCE program would be substantially larger in terms of customers served, the amount of electricity provided, and geographic reach than any of the existing CCE programs when they launched. While some of the existing CCE programs have grown over time, the absence of a similar sized start-up CCE model proved to be challenging when conducting a feasibility assessment for our region. Willdan completed its preliminary draft feasibility study in May 2017. Given the complexities described above, staff, with input from the Advisory Working Group, took the additional prudent steps of (1) contacting existing CCE program staff to gather additional data related to the costs of operating a CCE program and (2) commissioning MRW to conduct a third-party review of the Willdan draft study. The purpose of the peer review was to evaluate the assumptions and conclusions of the Willdan draft study. MRW suggested several revisions to the Willdan draft study and the pro forma upon which the financial assessment was built to, in the opinion of MRW, improve the reasonableness and efficacy of the assumptions that underpinned the Willdan draft feasibility study. MRW’s findings and recommendations along with Willdan’s response to the MRW analysis are included in Appendix L of the feasibility study report. Packet Pg 42 1 Page 6 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Three variables had the largest influence on the Willdan feasibility study and MRW peer review: 1. Cost of Renewable Energy: To forecast renewable energy costs, Willdan relied on the average prices that PG&E & SCE have paid for renewable energy to comply with the State RPS. Some of this pricing is based on long-term contracts that the IOUs executed more than a decade ago. By contrast, MRW relied on renewable energy prices from contracts executed in 2016, which it believes is more reflective of the marketplace in which the CCE program would procure renewable energy. MRW’s assumed renewable energy costs were approximately 30 perc ent lower than those assumed by Willdan and in line with pricing reported by operational CCE programs. Willdan also did some sensitivity testing of lower renewable energy prices. 2. Escalation of PG&E and SCE Rates: Electricity rates include two primary components: the charges assessed for the cost of (1) the electricity provided to the customer (“generation charge”) and (2) the delivery of the electricity over the IOUs’ power lines and related infrastructure (“delivery charge”). The delivery charge is the same for CCE and non-CCE customers; whereas, the generation charge can vary between IOUs and CCE providers. Therefore, the rate competitiveness of a CCE program is dependent, in part, on the behavior of future PG&E and SCE generation rates against which the CCE generation rates must compete. Willdan and MRW take different approaches in forecasting future IOU generation rates. Willdan adjusts PG&E’s and SCE’s rates by 0% – 0.5% annually based on current IOU rates that have already been approved by the California Public Utilities Commission (CPUC) and market prices for renewable energy. By contrast, MRW, citing pending rate cases before the CPUC and accounting for factors other than renewable energy prices, forecasts more robust growth rates for the IOUs’ generation rates over the study period. 3. Financing: Willdan assumed that the CCE program’s start-up costs (e.g., staff, office, and consultant costs prior to program launch); working capital equal to five months of operating expenses; and contributions to a rate stabilization and contingency fund would be financed through a 30-year bond issuance. According to Willdan, the sheer size of a potential CCE program serving the Tri-County Region precludes the cost-effective use of other, more traditional financing models (e.g., General Fund or bank loans) commonly used by smaller existing CCE programs. MRW noted the use of long-term bond financing was unusual and the amount financed was high relative to other CCE programs. MRW suggested that it is atypical to include a fully funded rate stabilization/contingency fund in initial financing. MRW also highlighted the more common practice by other CCE programs to finance three—rather than five—months of working capital. Although not as large of a driver of the feasibility outcome as the items cited above, the Power Cost Indifference Adjustment (PCIA) exit fee charged to CCE customers by the IOUs affects the competitiveness of the CCE program’s rates relative to the IOUs’ rates.4 The PCIA fluctuates based on 4 The PCIA is designed to keep remaining IOU customers who do not join a CCE program from having to bear the sunk cost of contracts the IOUs already signed for customers who no longer will receive electricity bought for them by the IOUs. The PCIA is intended to not penalize (or reward) remaining IOU customers when CCE customers depart. However, it puts CCE rates at a disadvantage due to the added charge. Both IOUs and the CCE providers are unhappy with the current PCIA model, which is under review by the CPUC as part of R.17-06-026 to Review, Revise and Consider Alternatives to the Power Charge Indifference Adjustment. Packet Pg 43 1 Page 7 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 current renewable energy market prices and is in part based on confidential pricing paid by the IOUs for historical power purchases. The market fluctuations and confidential nature of the data make it hard for CCE programs to predict the impact of the PCIA on CCE rate competitiveness year to year. Feasibility Study Findings CCE program feasibility is typically assessed based on (1) the competitiveness of CCE rates against the existing IOU rates and (2) the long-term financial viability of the enterprise. According to Willdan’s analysis, none of the 24 scenarios studied—including the County operating its own CCE program in the unincorporated area of Santa Barbara County—shows a feasible outcome, meaning the CCE rates were higher than PG&E and/or SCE rates, and the CCE program is predicted to have negative net margins in most study years (2020-2030). Given the underperformance of the CCE program in terms of being rate competitive, consistently having negative net margins, and failing to meet the target for working capital, the CCE program under the assumptions used in Willdan’s analysis is neither reliably solvent nor financially feasible. A summary of Willdan’s assessment of how electricity rates, the overall electricity bill, and greenhouse gas emissions would change for a typical residential customer under the CCE program or existing IOU for each of the 12 scenarios that include the unincorporated area of Santa Barbara County is shown in Table 1 below. The rate comparison is for the generation component of the overall electricity rates only; the delivery rates would stay the same regardless of whether the customer is a CCE or non-CCE customer. For the Advisory Working Group Middle of the Road (50% Renewable) Scenario, a typical CCE residential customer in PG&E territory (northern Santa Barbara and San Luis Obispo Counties) would, on average, experience nearly 30% higher generation rates, resulting in an extra $16 charge on the customer’s monthly electricity bill. A CCE residential customer in SCE territory (southern Santa Barbara and Ventura Counties) would, on average, experience 50% higher generation rates, resulting in an extra $20 on its monthly bill. The rate and bill impact is even higher (more costly) under the Advisory Working Group Aggressive (75% Renewable) Scenario. Similarly, the rate and bill delta would be larger for the unincorporated area of Santa Barbara County for all three renewable energy content scenarios than for the equivalent Advisory Working Group scenarios. A CCE program serving solely the unincorporated area of Santa Barbara County would see higher rates because it would have fewer customers over which to spread fixed costs for common CCE functions such as power procurement and scheduling, legal/regulatory support, and billing coordination with the IOUs, despite having somewhat lower expenses due to smaller staff size and lower power costs. While the CCE Middle of the Road (50% Renewable) and Aggressive (75% Renewable) Scenarios would lower greenhouse gas emissions relative to PG&E’s and SCE’s electricity portfolios, the RPS Equivalent Scenario would increase greenhouse gas emissions for all CCE participation scenarios. The emissions increase is because PG&E and SCE currently have more greenhouse gas-free renewable energy in their electricity supply portfolios than required by the State RPS, and based on renewable energy contracts already signed, the IOUs are expected to continue to exceed the RPS requirement until at least 2020. If the CCE program were to merely meet—rather than exceed—the RPS, the CCE program would create more greenhouse gas emissions than either IOU in 2020. Packet Pg 44 1 Page 8 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Table 1. Willdan Summary of Forecasted Outcomes for a Typical Residential Customer in 2020 Participation Scenario Included Jurisdictions Renewable Energy Content Pacific Gas & Electric Southern California Edison Proportional GHG Comparison Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Bill Comparison ($ Increase/ Decrease for CCA Customers) Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Bill Comparison ($ Increase/ Decrease for CCA Customers) All Tri-County Region All San Luis Obispo County All Santa Barbara County All Ventura County RPS Equivalent 22% $11.25 41% $14.55 6% 50% 29% $14.62 51% $17.93 -9% 75% 43% $21.72 71% $25.05 -55% Advisory Working Group Jurisdictions San Luis Obispo County Santa Barbara County Carpinteria Santa Barbara Ventura County Camarillo Moorpark Ojai Simi Valley Thousand Oaks Ventura RPS Equivalent 22% $12.21 41% $16.08 6% 50% 29% $15.92 50% $19.79 -9% 75% 43% $23.68 70% $27.64 -55% All Santa Barbara County Buellton Carpinteria Goleta Guadalupe Santa Barbara Santa Maria Solvang Unincorporated Santa Barbara County RPS Equivalent 24% $11.15 45% $14.53 7% 50% 31% $14.27 55% $17.69 -9% 75% 45% $20.78 75% $24.22 -55% Unincorporated Santa Barbara County Unincorporated Santa Barbara County RPS Equivalent 26% $15.08 47% $19.29 7% 50% 33% $18.97 56% $23.23 -9% 75% 47% $27.11 76% $31.44 -54% In its peer review, MRW analyzed the feasibility of a CCE program under the Advisory Working Group Middle of the Road (50% Renewable) Scenario. MRW’s analysis generally assumed lower CCE program costs and higher IOU rates against which the CCE program would compete, resulting in MRW showing a smaller delta between the CCE and IOU rates (as compared to Willdan). For the Advisory Working Group Middle of the Road (50% Renewable) Scenario, MRW’s analysis shows the CCE program’s rates being higher than the weighted average of the IOUs’ rates for at least the first five or six years of the CCE program’s operation, as shown in Figure 2. Packet Pg 45 1 Page 9 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Figure 2. CCE versus Weighted Average IOU Rate Comparison, Advisory Working Group Middle of the Road (50% Renewable) Scenario Because of the complications of trying to set CCE rates that can compete in PG&E and SCE territory, MRW concludes—consistent with Willdan’s findings—that a regional CCE program is not likely to be able to offer rates that are competitive with SCE for CCE customers located in SCE territory. MRW suggests, however, that a CCE program may be able to offer competitive rates for CCE customers located in PG&E territory. To illustrate the potential rate competitiveness in PG&E territory, MRW did a rate comparison for the unincorporated area of Santa Barbara County. Figure 3 shows the CCE program’s expected rates (as shown by the stacked bar charts illustrating CCE costs) compared to the applicable IOU rates (blue line) for the unincorporated area of Santa Barbara County. After the first year, the CCE rates for the unincorporated area of Santa Barbara County are projected to be generally comparable to the weighted average of the SCE and PG&E rates. This is because the unincorporated area of Santa Barbara County has more PG&E than SCE customers; the PG&E customers consume more electricity than the SCE customers; and PG&E’s generation rates are higher than SCE’s rates, meaning the CCE rates do not have to be as low to compete with PG&E versus SCE rates. Packet Pg 46 1 Page 10 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Figure 3. CCE versus Weighted Average IOU Rate Comparison, Unincorporated Santa Barbara County Middle of the Road (50% Renewable) Scenario Options for Board Consideration At best, the feasibility study and peer review results suggest a regional CCE program could offer customers electricity with a higher renewable energy content (at either 50% or 75%) than either PG&E (43%) or SCE (41%) are expected to offer in 2020, but at higher rates (29% to 70% higher according to Willdan). At worst, the CCE program could charge higher rates and dissolve within a matter of a few years due to an inability to cover costs and maintain adequate working capital. In short, the results of the feasibility study and peer review do not support the creation of a regional CCE program at this time due to the:  difficulty of maintaining rates that can be competitive, in particular with SCE’s low generation rates;  uncertainty of a shifting market and policy landscape, especially in light of the California Public Utilities Commission (CPUC) open proceeding to consider modifications to the PCIA;5 and  IOUs’ historical trends of shifting generation-related costs to the fixed delivery charge paid by CCE and non-CCE customers, which makes it harder for CCE programs to compete with decreasing IOU generation rates.6 Thus, staff recommends the County not pursue a regional CCE program at this time. MRW’s peer review, however, preliminarily suggests that a CCE program may be able to offer competitive rates for CCE customers located in PG&E territory, including northern Santa Barbara 5 R.17-06-026, Rulemaking to Review, Revise and Consider Alternatives to the Power Charge Indifference Adjustment 6 Analysis conducted by Willdan shows that SCE’s delivery charge (which is the same for CCE and non -CCE customers) for residential customers from 2014 to 2017 has increased 89%, while the residential generation charge (against which CCE programs compete) has decreased 13%. Similar trends hold for non-residential customers. Although comparable data is not available to do as thorough of an analysis for PG&E, according to Willdan, statewide IOU rate trends suggest PG&E has also shifted costs from the generation charge, against which CCE programs compete, to the delivery charge paid by all customers. Lancaster Choice Energy also recently filed a protest with the CPUC because of its concerns about SCE’s generation and delivery charges and the impact on Lancaster Choice Energy’s customers. Packet Pg 47 1 Page 11 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 County. However, the statute that enables local governments to pursue CCE programs requires that a jurisdiction that offers CCE service to one residential customer must offer CCE service to all residential customers.7 This means that the County cannot operate a CCE program solely within PG&E territory in northern Santa Barbara County. The County must also offer CCE service in southern Santa Barbara County, which is served by SCE. Staff presents the following options for your Board’s consideration: Option 1. Join two existing CCE programs. The feasibility study and peer review did not consider the viability of the County joining an existing CCE program. County staff has spoken with staff at other operational and in-development CCE programs to gauge their interest in having Santa Barbara County join their programs. As mentioned previously, all existing CCE programs have experience with either PG&E or SCE, but not both. PG&E and SCE have different billing systems, rate structures, and approaches to coordinating with CCE programs. Therefore, it would be difficult for an existing CCE program operating (or soon to be operating) in a single IOU territory to absorb Santa Barbara County, spanning two IOUs. Furthermore, the existing CCAs that staff spoke with prefer to add local governments that are contiguous (or near contiguous) with their boundaries to maintain a cohesive community feel. With these constraints in mind, it may be possible for the County to join two CCE programs: potentially Monterey Bay Community Power (MBCP)8 for the northern unincorporated part of Santa Barbara County and, for the southern part, one of the in-development LA area CCE programs, such as Los Angeles Community Choice Energy (LACCE),9 South Bay Clean Power (SBCP),10 or California Choice Energy Authority (CCEA).11 Three of the programs (MBCP, LACCE, and CCEA) use a joint powers authority (JPA) structure; SBCP has not yet been created, and it is not clear if the program will launch. Both MBCP and LACCE plan to launch in early 2018. California Choice Energy Authority is operating and offers a new service model created by the City of Lancaster in which CCEA provides back-office functions, such as power procurement, billing coordination with SCE, and legal/regulatory support, for a fee to smaller stand-alone CCE programs. Each of the CCEA member CCE programs are responsible for their own rate-setting, marketing and outreach, program offerings, and financial and risk management. This fee-for-service model is similar to the “JPA of JPAs” model supported by SBCP. However, staff does not feel CCEA or related “JPA of JPA” models are a good fit for the County because the County would continue to be exposed to SCE’s low generation rates and the ongoing uncertainty of the PCIA and other market/regulatory factors. A significant complication with joining two existing CCE programs is that Public Utilities Code Section 366.2 (b) requires that a local government that offers CCE to its community must serve 100% of residential customers. While joining two CCE programs could serve all of the County’s residents, there may be questions about program timing, such as whether both CCE programs would be required to start serving all Santa Barbara County residents on the same day and how all residential customers would 7 Public Utilities Code Section 366.2 (b). http://codes.findlaw.com/ca/public-utilities-code/puc-sect-366-2.html. This equal service provision does not apply to non-residential customers. 8 http://montereybaycca.org/ 9 http://green.lacounty.gov/wps/portal/green/lacce 10 https://southbaycleanpower.org/ 11 https://californiachoiceenergyauthority.com/ Packet Pg 48 1 Page 12 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 continue to be offered a CCE choice if one or both programs are discontinued. Staff has spoken with CPUC staff, who have indicated a split-CCE approach like this would require further review with no guarantees that the CPUC would accept this approach. There is some precedent for how the CPUC may handle a split-IOU approach under a single CCE program, as Placer County is pursuing a phased launch across two IOU service areas: PG&E and Liberty Utilities.12 Further study would be needed to determine whether existing CCE programs would be willing and able to add the County and the logistical considerations and costs of joining an existing program(s). Joining other CCE programs would also likely mean joining existing JPAs, the structure and operating rules of which have already been established. Participating in such a JPA would limit the County’s control and decision-making authority related to, for example, rates and program design, but could reduce the County’s costs and risk exposure. Option 2. Form a new CCE program. Although staff does not recommend it based on the feasibility study and peer review results, the County could establish a new CCE program. There are two sub- options for consideration further described below.  Option 2a. Create a CCE program for the unincorporated parts of Santa Barbara County. If the County were to form a new CCE program serving only the unincorporated areas, the County would fund the CCE program using an enterprise fund and could house the program within an existing or new department or division. This would allow the County to retain more control over program design, costs, and rate-setting than forming a JPA, but it also would mean the County must fully fund the start-up program and carry all the risk. The County would still face the hurdle of rate-competitiveness in SCE territory and potentially PG&E territory. If market and policy dynamics change in the future in support of a regional CCE program, the County could later pursue a JPA structure to add other interested jurisdictions.  Option 2b. Create a CCE program with one or more jurisdictions. If your Board is interested in continuing to pursue a regional CCE program and other jurisdictions are also interested, a new JPA could be formed to administer the regional CCE program. Option 3. Not implement a CCE program at this time and continue to explore additional CCE- related options for later consideration. The electricity market and policy environment are rapidly transforming. While CCE programs have enjoyed tremendous growth over the past couple of years, both in terms of the number of programs and expansions of existing programs to serve more customers, the IOUs have had time to adjust to a more competitive market in a way that poses a greater risk to new CCE program formation. Similarly, the CPUC is grappling with how to manage the growth of CCE and level the playing field for all types of electricity providers. Significant regulatory and potential legislative changes are expected in the next couple of years for CCE programs. It may benefit the County to take a “wait and see” approach to let the market stabilize before further considering CCE. If your Board chooses not to proceed with CCE at this time, staff is prepared—with ongoing funding to be determined based on your direction for which option to pursue—to continue to work with the Advisory Working Group and others to pursue other local renewable energy generation (e.g., 12 The San Joaquin Valley Power Authority pursued CCE across two IOU territories in the mid-2000s, but ultimately the CCE program did not launch. Packet Pg 49 1 Page 13 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 aggregation of government accounts); green job creation; and greenhouse gas reduction strategies in support of the County’s economic and sustainability goals, including its commitment to reduce countywide greenhouse gas emissions to 15% below 2007 levels by 2020, as called for by the County’s Energy and Climate Action Plan. Staff can also further study different CCE options, such as limiting CCE service to residential and government customers or the CCE program providing electricity produced by its own renewable energy generation projects from the start. Staff could also pursue legislative options for allowing the County to offer a CCE program for a portion of the unincorporated county, for example, PG&E’s service area where CCE may be more financially feasible. Option 4. Not implement a CCE program at this time and discontinue the County’s evaluation of CCE. Your board may direct staff to discontinue implementation or further exploration of CCE. Table 2 summarizes the potential benefits and risks of each option. Table 2. Potential Benefits and Risks of CCE Options Options Benefits Risks 1. Join 2 Existing CCE Programs  May ameliorate the negative impact of SCE’s lower generation rates on CCE rates for North County  May be less time- consuming than creating a new program  May lower rates due to lower start-up and operational costs  May not require as large of a financial investment  May allow programs and electricity products to be better tailored to North and South County  Carries greater risk of CPUC rejecting program  May not find willing host for both parts of the county  Dilutes local control  May require more complex logistical coordination  May create customer/brand confusion Packet Pg 50 1 Page 14 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 Performance Measure: N/A Contract Renewals and Performance Outcomes: N/A Fiscal and Facilities Impacts: Budgeted: Yes Fiscal Analysis: The Board has authorized ongoing annual funding of $165,000 towards salaries and benefits expenses for CCE and related programs in the Energy and Sustainability Initiatives Division of the Community Services Department. In addition, in FY2015-16, the Board authorized $235,000 towards the costs of the Phase I CCE exploration, including the feasibility study presented today. Approximately $160,000 of the $235,000 remains. 2. Form a New CCE Program  Increases local control (especially Option 2a) and may increase accessibility of customers to decision- makers  Simplifies and streamlines decision-making process  (Option 2a) May be less time-consuming than forming a JPA  Increases County’s financial risk exposure  May increase rates and provide less financial stability due to smaller, less diverse customer base, reduced purchasing power, and possibly less advantageous credit terms  Presents fewer resources due to smaller size 3. Not implement a CCE program at this time and continue to explore additional CCE-related options for later consideration  May identify other more cost-effective options for achieving similar policy goals  May avoid significant market and policy risk and cost  May miss opportunity to offer CCE to community 4. Not implement a CCE program at this time and discontinue the County’s evaluation of CCE.  May avoid significant market and policy risk and cost  Can reallocate funding to other policy priorities  May miss opportunity to offer CCE to community Packet Pg 51 1 Page 15 of 15 Community Choice Energy Feasibility Study Results October 3, 2017 The County also received $327,500 from outside entities to help fund the Phase I costs. Additionally, over the past two fiscal years, the Board has conditionally appropriated $275,000 and $300,000 for anticipated Phase 2 and Phase 3 costs, respectively, should your Board direct staff to continue CCE implementation. Key_Contract_Risks: N/A Staffing Impacts: No additional staffing requests are being made at this time. However, depending on Board direction, staff may request additional resources to pursue next steps. Special Instructions: Please send one copy of the minute order to Jennifer Cregar. Attachments: Attachment A: Technical Feasibility Study on Community Choice Aggregation for the Central Coast Region (report and study appendices also may be downloaded at http://www.centralcoastpower.org/resources.nrg) Attachment B: CEQA NOE Attachment C: Comparison Matrix of Community Choice Energy Programs Authored by: Jennifer Cregar, Project Supervisor, Energy and Sustainability Initiatives Packet Pg 52 1 Community Choice Energy Program Comparison Matrix September 2017 Central Coast Power Apple Valley Choice Energy CleanPowerSF Lancaster Choice Energy Marin Clean Energy Peninsula Clean Energy Pico Rivera Innovative Municipal Energy Redwood Coast Energy Authority Silicon Valley Clean Energy Sonoma Clean Power Inland Choice Power Los Angeles Community Choice Energy Monterey Bay Community Power Milestones June 2015 - SB County BOS provided direction and funding for feasibility study December 2015 - Advisory Working Group formed Summer 2017 - feasibility study and peer review expected to be completed Fall 2017 - CCE votes expected Spring 2020 - possible launch 2010 - Initial feasibility study 2014-2015 - Updated feasibility study September 2016 - Submitted implementation plan (IP) November 2016 - IP certified by CPUC April 2017 - Launch May 2004 - SF BOS authorized CCE program June 2007 - Draft implementation plan (IP) approved by SF BOS March 2010 - Revised IP approved by SF BOS and submitted to CPUC May 2010 - CPUC certified IP; SFPUC & PG&E execute CCA Service Agreement (later extended through Dec 2018) June 2013 - CPUC certified revised IP August 2015 - CPUC certified another revised IP May 2016 - Phase 1 launch Nov 2017 - Phase 2 launch Summer 2019 - Full launch July 2013 - Initial Phase I feasibility study completed Q2 2014 - Phase II feasibility study completed May 2014 - Lancaster City Council authorized CCE program and approved implementation plan (IP) October 2014 - CPUC certified IP March 2015 - CPUC certified revised IP May 2015 - Phase 1 launch Oct 2015 - Remaining residential + commercial accounts launched 2017 - Launched California Choice Energy Authority to provide backend services to other SoCal CCAs December 2008 - JPA formed May 2010 - Phase 1 launch 2011 - Included other accounts in original member jurisdictions; added new Marin County cities 2012 - Remaining Marin accounts started service; Richmond joined; EE programs launched 2013 - Program launched in Richmond 2015 - Unincorporated Napa County and cities of Benicia, El Cerrito, and San Pablo joined September 2016 - Additional Napa and Contra Costa County cities joined 2018 - Planned addition of unincorporated Contra Costa County + 8 cities December 2014 - Initial CCE research September 2015 - Feasiblity study completed October 2015 - JPA formed February 2016 - Deadline for cities to join JPA April 2016 - Implementation plan submitted October 2016 - Phase 1 launch April 2017 - Phase 2 launch October 2017 - Estimated final phase launch Mid-2016 - Joined California Choice Energy Authority to develop implementation plan and provide support services December 2016 - Implementation plan submitted September 2017 - Phase 1 (full) launch June 2015 - RCEA board approved CCE implementation September 2015 - JPA amended for CCE October 2016 - Implementation plan (IP) submitted January 2017 - IP certified May 2017 - Full launch Late 2017 - Ferndale to join (last city in Humboldt County) 2014 - Initial CCE research May 2015 - Initial CCE assessment report November 2015 - Feasibility study March 2016 - Formed JPA April 2016 - Feasibility study completed July 2016 - Submitted implementation plan April 2017 - Phase 1 launch July 2017 - Phase 2 (final) launch 2011 - Steering committee formed to explore CCE; feasibility study completed 2012 - Original implementation plan; JPA formed 2013 - Revised implementation plan submitted and certified; cities sign on May 2014 - Phase 1 launch December 2014 - Phase 2 launch June 2015 - Cloverdale, Petaluma, and Rohnert Park joined June 2017 - Mendocino County, Fort Bragg, Point Arena, and Willits joined November 2016 - Feasibility study covering tri-COG region completed Spring 2017 - San Bernardino County withdrew its interest due to pressure from anti-CCE group July 2016 - Feasibility study completed September 2016 - LA County BOS directed staff to proceed and form a JPA with interested cities April 2017 - LA County approved CCE for unincorporated county January 2018 - Estimated Phase 1 launch July 2018 - Estimated Phase 2 launch January 2019 - Estimated Phase 3 launch 2013 - Advisory group formed Mid-2014 - Study funds raised May 2016 - Feasibility study completed February-April 2017 - JPA formed August 2017 - Submitted implementation plan (IP) March 2018 - Estimated Phase 1 launch July 2018 - Estimated Phase 2 launch Current No. Customers Served Tri-County: ~600,000 accounts AWG: ~393,000 Unincorporated SB County: ~53,000 ~28,000 accounts (July 2017)~76,000 accounts (July 2017); ~360,000 accounts at full launch ~51,000 accounts (July 2017)~256,000 accounts (July 2017)~290,000 accounts (July 2017 ~16,000 accounts (implementation plan estimate at full launch)~61,000 accounts (July 2017)~210,000 accounts (July 2017)~600,000 accounts (July 2017)~1.3M accounts (feasibility study estimate at full launch) Unincorporated county: ~300,000 accounts (feasibility study estimate) Uninc. + cities: ~1.5M accounts (feasibility study estimate at full launch) ~270,000 accounts (IP estimate at full launch) Opt-out Rate Feasibility study assumed 15% (+ all Direct Access customers, which comprise 23.5% of AWG customers) Unknown 3.3% (July 2017)6% (October 2016) 16% (Jun 2010, based on initial participants); decreased to 9% at most recent program expansion in Sep 2016 1.8% (July 2017)Unknown 3% (May 2017)< 2% (July 2017)12% (2017)Unknown Unknown IP estimates ~5% (August 2017) Current Annual Load Tri-County: ~8,500 GWh AWG: ~5,900 GWh Unincorporated SB County: ~1,300 GWh * Includes non-DA customers only ~220 GWh (2017); ~280 GWh (2018 - 1st full year of operations) 535 GWh (July 2017); ~3,600 GWh (full launch) Peak: 93 MW (July 2017) ~600 GWh (July 2017) Peak: 123 MW (July 2017) ~2,800 GWh (July 2017) Peak: 520 MW (July 2017) ~3,600 GWh (July 2017) Peak: 660 MW (July 2017) ~230 GWh (implementation plan estimate at full launch) ~730K GWh (implementation plan estimate at full launch)~3,500 GWh (July 2017) ~2,300 GWh (2016); ~2600 GWh (June 2017) Peak: 512 MW (July 2017) ~21,000 GWh (feasibility study estimate at full launch) ~3,000 GWh (feasibility study estimate for unincorporated county) ~2,300 GWh (Phase 1 - March 2018; Phase 2: ~3,600 GWh (Phase 2 - July 2018) Current Financials For AWG Middle of the Road (50% Renewable) Scenario, 2020 Net: -$44,000 (feasibility study estimate) Revenues: $13.2M (2017 projection from IP) Costs: $12.2M (2017 projection from IP) Net: $1.0M (2017 projection from IP) In process of developing monthly financial statements; will also be included in annual CAFRs for SFPUC (July 2017) Revenues: $23.4M (2016) Revenues: $44.1M ( March 2016) Costs: $14.6M (March 2016) Net: $29.5M (March 2016) Net position: $18M (FY16-17); projected $33M (FY1718) Revenues: $12.5M (2018 projection from IP) Costs: $$12.1M (2018 projection from IP) Net: $$460,000 (2018 projection rom IP) Unknown Net position: $6.7M (June 2017); $31.1M (2018 projection from IP) Revenues: $69.6M (June 2017) Costs: $15.9M (June 2017) Net: $53.7M (June 2017) Unknown Unknown Revenues: $173M (2018 projection from IP) Costs: $134M (2018 projection from IP) Net: $39M (2018 projection from IP) Rollout Strategy Phase 1: Large commercial accounts Phase 2: Small and medium commercial accounts Phase 3: Residential, outdoor lighting, and traffic control accounts No phasing - all customers served on Day 1 Phase 1: Sample of residential and commercial accounts Phase 1: Municipal + sample of residential and commercial accounts Phase 2: Remaining Phase 1: Municipal + sample of residential and C&I accounts comprising 20% of load Phase 2: Another 20% of residential and C&I accounts Phase 3: Remaining accounts in Marin Couny Phase 4: Richmond accounts Phase 5: Unincorporated Napa County accounts Phase 6: San Pablo, Benicia, and El Cerrito accounts Phase 7: American Canyon, Calistoga, Lafayette, Napa, St. Helena, Walnut Creek, and Yountville accounts Phase 1: Municipal + small/medium commercial + 20% of residential + early adopters Phase 2: Large C&I + 35% of residential Phase 3: Agricultural + street lighting + remaining residential Phase 4: Remaining (if needed) No phasing - all customers served on Day 1 No phasing - all customers served on Day 1 Phase 1: Municipal + small/medium commercial + 20% of residential accounts Phase 2: All remaining accounts Note: IP originally called for 3 phases with option for 4th phase; Board voted to collapse into 2 phases Phase 1: Sample of residential and most commercial accounts Phase 2: Remaining accounts in initial service territory Phase 3: Cloverdale, Petaluma, and Rohner Park accounts Phase 4: Mendocino County, Fort Bragg, Point Arena, and Willits accounts Phase 1: Municipal accounts + 5% of commercial accounts Phase 2: Remaining Phase 1: LA County municipal accounts in unincorporated county Phase 2: Non-residential accounts Phase 3: Residential accounts Phase 1: All C&I and agricultural accounts Phase 2: All residential accounts Phase 3: Remaining (if needed) Post-Launch Governing Body Apple Valley Town Council SFPUC with rate approval by SF BOS Lancaster City Council, California Choice Energy Authority (CCEA) JPA JPA JPA Pico Rivera City Council, California Choice Energy Authority (CCEA) JPA JPA (existing)JPA JPA JPA JPA JPA Pre-Launch Coordinating Body Advisory Working Group comprised of San Luis Obispo, Santa Barbara, and Ventura Counties and the cities of Camarillo, Carpinteria, Moorpark, Ojai, Santa Barbara, Simi Valley, Thousand Oaks, and Ventura Town of Apple Valley SFPUC City of Lancaster County of Marin, Marin Municipal Water District, North Marin Water District, Berkeley, Emeryville, Oakland, and Pleasant contributed to "CCA Demonstration Project" Later formed Local Government Task Force County advisory committee of all cities and select stakeholders met for 8 months until JPA was formed and Board was seated City of Pico Rivera RCEA Board CCE Partnership comprised of Santa Clara County, Cupertino, Mountain View, and Sunnyvale later morphed into JPA with all 12 participating jurisdictions Steering committee of the Sonoma County Water Agency, city council members, city managers and staff, business representatives, activists, and others Informal coordination among Coachella Valley Association of Governments, San Bernardino Associated Governments, and Western Riverside Council of Governments Stakeholder advisory group led by LA County Santa Cruz County hosts the Planning and Development Advisory Committee which is made up of interested cities and some local experts OPERATIONAL IN DEVELOPMENT Page 1 of 5 Packet Pg 53 1 Community Choice Energy Program Comparison Matrix September 2017 Central Coast Power Apple Valley Choice Energy CleanPowerSF Lancaster Choice Energy Marin Clean Energy Peninsula Clean Energy Pico Rivera Innovative Municipal Energy Redwood Coast Energy Authority Silicon Valley Clean Energy Sonoma Clean Power Inland Choice Power Los Angeles Community Choice Energy Monterey Bay Community Power OPERATIONAL IN DEVELOPMENT Community Advisory Committee No Not explicity for CPSF, but SFPUC has an existing Citizens' Advisory Committee that includes a Power Subcommittee No No Yes Unknown Yes - existing Community Advisory Committee to also provide feedback on CCE matters Unknown Yes - JPA Agreement includes requirement for: - Ratepayer Advisory Committee to be appointed by board and comprised of 3 C&I customers and 4 residential customers (1 of whom must be a tenant) - Business Operations Committee to be appointed by board and comprised of 5 members with expertise in managmeent, administration, finance, public contracts, infrastructure development, renewable power generation, power sale and marketing, and energy conservation Unknown Unknown Yes Original Jurisdictions 1) Apple Valley 1) City and County of San Francisco 1) Lancaster 1) Marin County 2) Belvedere 3) Fairfax 4) Mill Valley 5) San Anselmo 6) San Rafael 7) Sausalito 8) Tiburon 1) San Mateo County 2) Atherton 3) Belmont 4) Brisbane 5) Burlingame 6) Colma 7) Daly City 8) East Palo Alto 9) Foster City 10) Half Moon Bay 11) Hillsborough 12) Menlo Park 13) Millbrae 14) Pacifica 15) Portola Valley 16) Redwood City 17) San Bruno 18) San Carlos 19) San Mateo 20) South San Francisco 21) Woodside 1) Pico Rivera 1) Humboldt County 2) Arcata 3) Blue Lake 4) Eureka 5) Fortuna 6) Rio Dell 7) Trinidad 1) Santa Clara County 2) Campbell 3) Cupertino 4) Gilroy 5) Los Altos 6) Los Altos Hills 7) Los Gatos 8) Monte Sereno 9) Morgan Hill 10) Mountain View 11) Saratoga 12) Sunnyvale 1) Sonoma County 2) Cotati 3) Santa Rosa 4) Sebastopol 5) Sonoma 6) Windsor 1) Riverside County 2) Banning 3) Blythe 4) Calimesa 5) Canyon Lake 6) Catherdral City 7) Coachella 8) Corona 9) Desert Hot Springs 10) Eastvale 11) Hemet 12) Indian Wells 13) Indio 14) Jurupa Valley 15) La Quinta 16) Lake Elsinore 17) Menifee 18) Moreno Valley 19) Murrieta 20) Norco 21) Palm Desert 22) Palm Springs 23) Perris 24) Rancho Mirage 25) Riverside 26) San Jacinto 1) Los Angeles County 1) Monterey County 2) Carmel-By-The-Sea 3) Del Rey Oaks 4) Gonzales 5) Greenfield 6) King City 7) Marina 8) Monterey 9) Pacific Grove 10) Salinas 11) Sand City 12) Seaside 13) Soledad 14) San Benito County 15) Hollister 16) San Juan Bautista 17) Santa Cruz County (lead agency) 18) Capitola 19) Santa Cruz 20) Scotts Valley 21) Watsonville Current Jurisdictions 1) Apple Valley 1) City and County of San Francisco 1) Lancaster Note: CCEA jurisdictions listed separately 1) Marin County 2) Belvedere 3) Corte Madera 4) Fairfax 5) Larkspur 6) Mill Valley 7) Novato 8) Ross 9) San Anselmo 10) San Rafael 11) Sausalito 12) Tiburon 13) Napa County 14) American Canyon 15) Calistoga 16) Napa 17) St. Helena 18) Yountville 19) Benicia (Solano County) 20) El Cerrito (Contra Costa County) 21) Richmond (Contra Costa County) 22) San Pablo (Contra Costa County) 23) Walnut Creek (Contra Costa 1) San Mateo County 2) Atherton 3) Belmont 4) Brisbane 5) Burlingame 6) Colma 7) Daly City 8) East Palo Alto 9) Foster City 10) Half Moon Bay 11) Hillsborough 12) Menlo Park 13) Millbrae 14) Pacifica 15) Portola Valley 16) Redwood City 17) San Bruno 18) San Carlos 19) San Mateo 20) South San Francisco 21) Woodside 1) Pico Rivera 1) Humboldt County 2) Arcata 3) Blue Lake 4) Eureka 5) Fortuna 6) Rio Dell 7) Trinidad 1) Santa Clara County 2) Campbell 3) Cupertino 4) Gilroy 5) Los Altos 6) Los Altos Hills 7) Los Gatos 8) Monte Sereno 9) Morgan Hill 10) Mountain View 11) Saratoga 12) Sunnyvale 1) Sonoma County 2) Cloverdale 3) Cotati 4) Petaluma 5) Rohnert Park 6) Santa Rosa 7) Sebastopol 8) Sonoma 9) Windsor 10) Mendocino County 11) Fort Bragg 12) Point Arena 13) Willits It appears Riverside County, Rancho Mirage, and San Jacinto will pursue their own CCAs independent of what the Tri-COG region chooses. San Bernardino County is not moving forward. 1) Los Angeles County 2) Calabasas 3) Rolling Hills Estates 4) South Pasadena 5) West Hollywood 1) Monterey County 2) Carmel-By-The-Sea 3) Gonzales 4) Greenfield 5) Marina 6) Monterey 7) Pacific Grove 8) Salinas 9) Sand City 10) Seaside 11) Soledad 12) San Benito County 13) Hollister 14) San Juan Bautista 15) Santa Cruz County (lead agency) 16) Capitola 17) Santa Cruz 18) Scotts Valley 19) Watsonville Page 2 of 5 Packet Pg 54 1 Community Choice Energy Program Comparison Matrix September 2017 Central Coast Power Apple Valley Choice Energy CleanPowerSF Lancaster Choice Energy Marin Clean Energy Peninsula Clean Energy Pico Rivera Innovative Municipal Energy Redwood Coast Energy Authority Silicon Valley Clean Energy Sonoma Clean Power Inland Choice Power Los Angeles Community Choice Energy Monterey Bay Community Power OPERATIONAL IN DEVELOPMENT JPA Composition N/A N/A Spun off California Choice Energy Authority to provide back-office services to other cities pursuing CCE 24 members - 1 per jurisdiction Nominee and alternate required to be elected official 22 members - 1 per city + 2 for San Mateo County Nominee required to be elected official; alternate can also be staff Member of California Choice Energy Authority 9 members - 1 per jurisdiction + water district 12 members - 1 member per jurisdiction Nominee required to be elected official; alternate can also be staff or member of public 2 official JPA members (County + Water Agency), but all 9 cities sit on board and have voting privileges, so 11 participants overall - currently 1 per jurisdiction, but allowed to appoint more than 1 with board approval; Santa Rosa permitted to have same number of voting participants as Sonoma County Not required to be elected official Feasibility study evaluates two JPA options: 1) New tri-COG JPA 2) Separate existing JPAs (1 per COG) 5 members (as of September 2017) - 1 member per jurisdiction Nominee required to be elected official; alternates (up to 2) can also be a member of an advisory body, staff person, or member of public 11 members - weighted based on population as follows: - 1 seat per jurisdiction for populations of 50K+: 1) Monterey County 2) Santa Cruz County 3) Salinas 4) Santa Cruz 5) Watsonville - 1 seat per jurisdiction b/c of large geographic area: 6) San Benito County - 1 seat shared b/t Santa Cruz County's small cities: 7a) Scotts Valley 7b) Capitola - 1 seat shared among Monterey County's small Peninsula Cities: 8a) Carmel 8b) Monterey 8c) Pacific Grove JPA Voting Structure N/A N/A N/A 1st Tier: Voting share is split 50/50 as follows: - Simple Majority (1 vote per member) - Load Share (proportional based on load) 2nd Tier: Special Voting - 2/3 majority (based on 50/50 split above) required to amend JPA agreement 1st Tier: Simple Majority (1 vote per member) 2nd Tier: Load Share (proportional based on load) + Simple Majority - 1 vote per member except for County which must share 1 vote among its 2 positions - Can be called by any member on any vote 3rd Tier: Special Voting - 2/3 majority required for involuntary termination of a member or amendment of the JPA agreement - 3/4 majority required for eminent domain and member $ contributions N/A 1st Tier: Voting share is weighted as follows: - 1/3 Pro Rata Share calculated as follows: [1/Total # CCE Participants] x 1/3 - 2/3 Customer Base Share calculated as follows [# CCE customers in member's jurisdiction/Total # of CCE customers] x 2/3 Only CCE participants may vote on CCE matters (not all existing RCEA JPA members are CCE participants). 2nd Tier (applies to all RCEA members, not just CCE participants): Special Voting - 2/3 majority required for amending the JPA agreement and allowing members to withdraw 1st Tier: Simple Majority (1 vote per member) 2nd Tier: Load Share (proportional based on load) - Requires 2+ members to call for this voting process - Also requires Simply Majority 3rd Tier: Special Voting - 2/3 majority required to add members, incur debt, allow members to withdraw, shorten notification period for members to withdraw, involuntarily terminate a member, or amend the JPA agreement 1st Tier: Load Share (proportional based on load) - If jurisdiction has more than 1 member, jurisdiction gets only 1 weighted vote 2nd Tier: Load Share + Simple Majority (1 vote per member) - Can be called by any member on any vote 3rd Tier: Special Voting - 2/3 majority required for removal of Ratepayer Advisory Committee member, involuntary termination of a party, or amending the JPA agreement; can also require load share vote - 3/4 majority required for eminient domain and member $ contributions; can also require load share vote Unknown 1st Tier: Simple Majority (1 vote per member) 2nd Tier: Load Share - Can be called by 3+ members on any affirmative 1st Tier vote 3rd Tier: Special Voting - 2/3 majority required for change of Treasurer or Auditor, issuing bonds or other debt, eminent domain, amending the JPA agreement, or involuntary termination of a party 1st Tier: Simple Majority (1 vote per member, per seat assignments above) 2nd Tier: Special Voting - 2/3 majority required for involuntary termination of a party or amending the JPA agreement - 3/4 majority required for eminent domain and member $ contributions JPA Entry Requirements N/A N/A N/A "Initial Participants" must execute JPA agreement within 6 months of the 1st two local governments signing and have lower requirements: - Executed JPA agreement - Ordinance To join after 1st 6 months, member agency must submit: - Executed JPA agreement - Resolution - Ordinance - Membership fee (proportional) - MCE currently does not require fee to join - Agreement to any supplemental conditions (established by JPA board) - Receive affirmative vote of JPA board Takes effect when the County of San Mateo and 2+ municipalities execute agreement. To join, member agency must submit: - Executed JPA agreement - Ordinance N/A To join, existing RCEA members must submit: - Ordinance Takes effect when 3+ initial participants execute agreement To join, member agency must submit: - Executed JPA agreement - Resolution - Ordinance - Membership fee (proportional) - Initial participants share Phase 2 & 3 costs, which must be provided within 30 days of agreement execution date - Agreement to any supplemental conditions (established by JPA board) To join, member agency must submit: - Executed JPA agreement - Resolution - Ordinance - Membership fee (proportional) - Agreement to any supplemental conditions (established by JPA board) - Receive affirmative vote of JPA board Unknown Takes effect when LA County + 1 other entity execute agreement Other "Initial Participants" must execute JPA agreement within 6 months of the 1st two local governments signing and have lower requirements: - Executed JPA agreement - Ordinance To join after 1st 6 months, member agency must submit: - Executed JPA agreement - Ordinance - Membership fee (proportional) - Agreement to any supplemental conditions (established by JPA board) - Receive affirmative vote of JPA board Takes effect when 3+ jurisdictions execute agreement. To join, member agency must submit: - Executed JPA agreement - Ordinance - Membership fee (start-up costs allocated proportionally based on population for credit guarantee) JPA Exit Requirements N/A N/A N/A Minimum 30-day notice prior to initial program agreement Subsequent to initial program agreement, minimum 6-month notice required with withdrawal to take effect at beginning of next FY Liable for applicable costs through termination date Minimum 15-day notice prior to program launch if, after receiving bids from power suppliers, bids do not result in: 1) rates equal to or less than PG&E, 2) GHG emission rates lower than PG&E, OR 3) renewable energy content higher than PG&E Subsequent to program launch, minimum 6-month notice required with withdrawal to take effect at beginning of next FY 30-day notice required if member seeks to withdraw after an amendment to the JPA agreement that the member voted against Except for the pre-program launch withdrawal option, liable for applicable costs through termination date N/A No specific exit requirements for CCE participants; any member may withdraw upon receiving 2/3 vote Minimum 15-day notice prior to program launch if, after receiving bids from power suppliers, bids do not result in: 1) rates equal to or less than PG&E, 2) GHG emission rates lower than PG&E, OR 3) renewable energy content higher than PG&E Subsequent to program launch, minimum 6-month notice required with withdrawal to take effect at beginning of next FY Pre-vote notice required if member seeks to withdraw after an amendment to the JPA agreement that the member plans to vote against Liable for applicable costs through termination date, even if withdraw prior to program launch Minimum 6-month notice required with withdrawal to take effect at beginning of next FY 30-day notice required if member seeks to withdraw after an amendment to the JPA agreement that the member voted against Liable for applicable costs through termination date Unknown Minimum 6-month notice and affirmative vote of local government's governing body required Liable for applicable costs through termination date Minimum 15-day notice prior to program launch if, after receiving bids from power suppliers, bids do not result in: 1) rates equal to or less than PG&E, 2) GHG emission rates lower than PG&E, OR 3) renewable energy content higher than PG&E Minimum 6-month notice required with withdrawal to take effect at beginning of next FY 30-day notice required if member seeks to withdraw after an amendment to the JPA agreement that the member voted against Liable for applicable costs through termination date (for pre-program launch withdrawal option, only liable for proportionate credit guarantee contribution) Page 3 of 5 Packet Pg 55 1 Community Choice Energy Program Comparison Matrix September 2017 Central Coast Power Apple Valley Choice Energy CleanPowerSF Lancaster Choice Energy Marin Clean Energy Peninsula Clean Energy Pico Rivera Innovative Municipal Energy Redwood Coast Energy Authority Silicon Valley Clean Energy Sonoma Clean Power Inland Choice Power Los Angeles Community Choice Energy Monterey Bay Community Power OPERATIONAL IN DEVELOPMENT JPA Compensation N/A N/A N/A No - but reimbursement policy may be adopted No - but reimbursement policy may be adopted N/A No - but will reimburse for documented expenses related to Board duties No - but reimbursement policy may be adopted No - but reimbursement policy may be adopted Unknown Unknown No - but reimbursement policy may be adopted Implementation model (at launch) In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Resource planning 5) Legal/regulatory (with outside counsel as needed) Outsourced 1) Customer service/call center 2) Data management/billing coordination/enrollment 3) Power scheduling 4) Power procurement 5) Legal/regulatory In-house 1) Resource planning 2) Power procurement 3) Finance 4) Key account management 5) Legal/regulatory 6) Outreach/marketing Outsourced 1) Power scheduling 2) Customer service/call center (with expectation to bring in- house) 3) Data management/billing coordination/enrollment (with expectation to bring in-house) 4) DSM program development and implementation (via SFE and possibly others) In-house 1) Finance 2) Outreach/marketing Outsourced 1) Resource planning 2) Power procurement 3) Power sheduling 4) Customer service/call center 5) Data management/billing coordination/enrollment 6) Legal/regulatory 7) DSM program development and implementation In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Legal/regulatory Outsourced 1) Resource planning 2) Power procurement 3) Power scheduling 4) Customer service/call center 5) Data management/billing coordination/enrollment In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Legal/regulatory 5) Resource planning Outsourced 1) Power procurement 2) Power scheduling 3) Customer service/call center 4) Data management/billing coordination/enrollment In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Legal/regulatory (with outside counsel as needed) Outsourced 1) Resource planning 2) Power procurement 3) Power scheduling 4) Customer service/call center 5) Data management/billling coordination/enrollment In-house 1) Finance 2) Key account management 3) Resource planning (in coordination with TEA) 4) Outreach/marketing (in coordination with LEAN) Outsourced 1) Power procurement 2) Power scheduling 3) Customer service/call center 4) Data management/billing coordination/enrollment 5) Outreach/marketing 6) Legal/regulatory In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Resource planning 5) Legal/regulatory (with outside counsel as needed) Outsourced 1) Customer service/call center 2) Data management/billing coordination/enrollment 3) Power scheduling 4) Power procurement 5) Legal/regulatory In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Legal/regulatory Outsourced 1) Resource planning (later brought in house 2) Power procurement (later brought in house) 3) Power scheduling 4) Customer service/call center (some brought in house) 5) Data management/billing coordination/enrollment Unknown Unknown In-house 1) Finance 2) Outreach/marketing 3) Key account management 4) Legal/regulatory (with outside counsel as needed) 5) Resource planning Outsourced 1) Power procurement 2) Power scheduling 3) Customer service/call center 4) Data management/billing coordination/enrollment 5) Legal/regulatory Vendors Technical: Willdan/EnerNex Other: LEAN Energy US, MRW & Associates (peer review) Power Supply: Shell Energy North America Technical: Davis & Associates Communications, MRW & Associates, and Pacific Energy Advisors Power Scheduling: APX Power Supply: Calpine, Constellation, and Iberdrola Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Other: Willdan/EnerNex (job creation impact); SF Department of Environment (DSM) Technical: Willdan/EnerNex, Pacific Energy Advisors Power Supply & Scheduling: Direct Energy Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Technical: Navigant Consulting Power Supply: Shell Energy North America, G2Energy, Dominoin, Genpower, Calpine, EDP, Recurrent, Waste Management, East Bay MUD, Avangrid, Portland General Electric, 3 Phases, SunPower, Powerex, City of Santa Clara, First Solar, Nextera, SPower, EDF, Terra Gen, LA County Sanitation District, WAPA, Exelon, Energy America, Morgan Stanley Forecasting: Pacific Energy Advisors Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Technical: Pacific Energy Advisers Marketing: Circlepoint; Green Ideals Power Scheduling: Energy America, ZGlobal Power Supply: Energy America, Shell Energy North America, Exelon, NRG, Mega Renewables, Wright Solar Park, Silicon Valley Power, Direct Energy, Buena Vista Energy, Energy Development & Construction Corp., Cuyama Solar, LLC, Morgan Stanley Group Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Other: MRW & Associates (peer review); Winston & Strawn (legal); Troutman Sanders (legal); PIN Presort (mailing) California Choice Energy Authority Strategy: LEAN Technical: The Energy Authority Marketing: LEAN Power Supply & Scheduling: The Energy Authority Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Other: Braun Blaising McLaughlin & Smith (legal/regulatory), Richards Watson & Gershon (legal/regulatory) Technical: Pacific Energy Advisers Technical: Dalessi Management Consulting (now Pacific Energy Advisors) Power Scheduling: Constellation, Shell Energy North America Power Supply: Constellation, NRG, Direct Energy, ConEdison (finalists but not clear if contracts were executed with all) Data Management/Call Center: Calpine Energy Solutions (formerly Noble Americas) Other: MRW & Associates (peer review); Troutman Sanders (legal) Technical: EES Consulting with Bki Technical: EES Consulting with BKi Other: Arc Alternatives (peer review) Strategy: LEAN Technical: Pacific Energy Advisors Marketing: Miller Maxfield Other: MRW & Associates (peer review) Staffing Tri-County: 57 FTEs (feasibility study estimate) AWG: 45 FTEs (feasibility study estimate) Unincorporated SB County: 28 FTEs (feasibility study estimate) 3-5 FTEs (May 2017)10 FTEs (May 2017)3-5 FTEs (May 2017)40-45 FTEs (May 2017)10-15 FTEs (May 2017)3 FTEs expected to start (September 2017) 3 dedicated FTEs + 4 mostly dedicated FTEs + interns + 2 FTE CCE/EE shared Key Account Managers (May 2017) 12 FTEs (May 2017)15-20 FTEs (May 2017)Unknown Unknown 8 FTEs to launch (Aug 2017) Funding Sources Feasibility Study: $220,756 provided by members of AWG Start Up: Feasibility study suggests a bond issuance Feasibility Study: GF Start Up: ~$2.6M from GF (includes interest, 5-year repayment term starting in 2nd year of operations); Feasibility Study: General Fund Start Up: ~$12.9M from SF GF ($8.9M for feasibility study, IP, etc. + $4M for 2 months working capital that was subject to internal 0.73% IR) Feasibility Study: ~$600K (not confirmed) Start Up: Combination of financing ($3M line of credit) and negotiated cash flow agreements with power service providers (begin payback in 3rd year of operations with 3 years to pay in full) Start UP: ~$3.4M - $110K CEC grant - $75K BAAQMD grant - $140K Marin Municipal Water District contribution - $10K North Marin Water District contribution - $847K Marin County contribution (including interest- free loans) - $750K loan from 3 individuals ($250K each investor @ 5.75% IR, unsecured) - $1.45M in bank loans (secured by Marin County and City of Fairfax, both of whom earned interest) MCE has a $25M line of credit with River City Bank but has not used it as of June 2017 Feasibility Study: San Mateo County provided funding from GF (from residual revenues of a previous project) Start Up: Combination of County and bank financing, including $12 million loan from Barclay and nearly $9M from County including $6M credit guarantee for bank loan; County loans include interest Feasibility Study: General Fund Start Up: General Fund Feasibility Study: Included in start up costs fronted by TEA Start Up: ~$8.2M - $120K RCEA GF - $700K Revolving line of credit wtih 5% interest from county economic development fund - Balance vendor financed with 5% interest for power procurement and operational costs Feasibility Study: ~$680K split evenly between the County, Cupertino, Mountain View, and Sunnyvale Start Up: ~$222.7M, of which $2.0M shared proportionally among initial participants to JPA agreement, with repayment within 3 years (codified in agreement); all debt expected to be repaid by December 2017 Feasibility Study: $60K funded by Water Agency Start Up: $10M funded through 2 separate lines of credit (one for power procurement-related expenses and the other for everything else) Feasibility Study: Each COG contributed proportionately Start Up: ~$20M (feasibility study estimate) Feasibility Study: GF, up to $15M of which the JPA agreement specifies will be repaid to LA County Start Up: ~$43M (feasibility study estimate) Feasibility Study: ~$400K from a combination of grants and private individual and organization contributions Start Up: ~$13M (feasibility study and IP estimate) secured through 2 loans from River City Bank; IP states MBCP expects to recover borrowed costs within 1st year of operations; JPA agreement includes provision for Santa Cruz County to be reimbursed for its early contributions Page 4 of 5 Packet Pg 56 1 Community Choice Energy Program Comparison Matrix September 2017 Central Coast Power Apple Valley Choice Energy CleanPowerSF Lancaster Choice Energy Marin Clean Energy Peninsula Clean Energy Pico Rivera Innovative Municipal Energy Redwood Coast Energy Authority Silicon Valley Clean Energy Sonoma Clean Power Inland Choice Power Los Angeles Community Choice Energy Monterey Bay Community Power OPERATIONAL IN DEVELOPMENT Products & Rates Base - 35% renewable at 3% discount relative to SCE generation rate (CARE rate 13% lower) Premium - 50% renewable at $2/month premium (residential) or $0.002/kWh premium (non- residential) Base - 40% renewable (Cat 1), example generation charge slightly lower than PG&E but total bill roughly equivalent Premium - 100% renewable (Cat 1), base rate + $0.02/kWh; rates and total bill lower than PG&E 100% green product Note: overall 2017 portfolio is 53% renewable Base - 35% renewable, example residential generation charge and overall monthly bill very slightly lower (-$1 for resi and -$2.60 for C&I); designed to be 3% lower than SCE Premium - 100% renewable, flat $10 premium resulting in about $10 higher monthly bill for example residential customer Base - 50% renewable, example residential generation charge $12 lower than PG&E but total bill slightly higher (+$2) Premium 1 - 100% renewable, example residential generation charge $7 lower than PG&E but total bill higher (+$6); 2.6% of sales in 2016 Premium 2 - 100% local solar, example residential generation charge $20 higher than PG&E and total bill much higher (+$34) Note: IP noted 25% renewable at launch; have 626.5 MW of new generation under contract Base - 50% renewable and 80% carbon free at 5% discount below PG&E generation rate Premium - 100% renewable and 100% carbon free at $0.01/kWh premium Note: One of PCE's new-build projects is Cuyama (40MW) Base - 50% renewable at unknown rate delta (estimated 1-5% savings in IP) Premium - 100% renewable at $11 more for residential customers and $0.01/kWh premium for non- residential customers Base - 40% renewable - designed portfolio to achieve 2.7% rate savings compared to PG&E's standard rate Premium - 100% renewable at $0.01/kWh premium Base - 50% RPS-eligible renewable & 100% carbon free (other 50% from hydro, as of April 2017) at 1% below PG&E; example residential generation charge ~$15 lower than PG&E and total bill roughly the same Premium - 100% renewable and 100% carbon free at <$0.01/kWh premium; example residential generation charge ~$11 lower than PG&E and total bill ~$3 more Base - 42% RPS-eligible renewable and 91% carbon free Premium - 100% renewable & local to Sonoma County (geothermal) Note: IP noted 33% RE at launch and has incrementally increased since then Feasibility study evaluates three renewble content scenarios (savings shown for year 1): 1) RPS-equivalent - estimated 4.9% rate savings compared to SCE standard rate 2) 50% renewable - estimated 3.8% rate savings compared to SCE standard rate; 11.2% rate savings compared to SCE 50% green power product 3) 100% renewable - estimated 5.7% rate increase compared to SCE standard rate; 9.4% rate savings compared to SCE 100% green power product Feasibility study evaluates three renewable content scenarios (savings shown for year 1): 1) RPS-equivalent - estimated 5.4% rate savings compared to SCE standard rate 2) 50% renewable - estimated 4.1% rate savings compared to SCE standard rate 3) 100% renewable - estimated 6.3% rate increase compared to SCE standard rate Board is considering 30-35% RPS- eligible renewable energy in base product at launch with the remaining power coming from carbon free resources Board is considering setting rates exactly equal to PG&E by customer class and returning any accumulated revenues above costs to customers in the form of a quarterly or year-end bill credit Rate Setting and Structure Rates approved by Town Council Customer classes generally match SCE's with option to establish customized tariffs for large C&I customers (e.g., indexed pricing, fixed term pricing) Rates set through public process overseen by existing Rate Fairness Board and approved by SFPUC Board with veto authority by SF BOS Customer classes match PG&E's at launch with flexibility to modify later Rates approved by City Council Adopted simplified (not 1:1) rate structure/customer class from beginning Rates approved by JPA Board Customer classes generally match PG&E's Rates approved by JPA Board Customer classes generally match PG&E's with flexibility to modify Rates approved by City Council Customer classes generally match SCE's with option to establish customized tariffs for large C&I customers Rates approved by JPA Board Customer classes generally match PG&E's Rates approved by JPA Board Customer classes generally match PG&E's with option to establish customized tariffs for large C&I customers (e.g., indexed pricing, fixed term pricing) Rates approved by JPA Board Customer classes generally match PG&E's with flexibility to modify (e.g., customerize for C&I customers) Unknown Rates to be approved by JPA board Rates to be approved by JPA board Customer classes generally match PG&E's with flexibility to modify (e.g., customerize for C&I customers) Reserve Fund Reserve Fund: 5 months working capital Contingency/Rate Stabilization Fund: 12% of power costs + 10% of non-power costs Reserve Fund: 3% of annual revenues Contingency/Rate Stabilization Fund: Unknown Reserve Fund: 90 days operating costs Contingency/Rate Stabilization Fund: 15% of annual revenues to be achieved within 3 years of completing enrollment Reserve Fund: Unknown Contingency/Rate Stabilization Fund: Unknown Reserve Fund: 90 days operating costs Contingency/Rate Stabilization Fund: 15 % of annual revenues to be achieved by March 2019 (subject to ability to maintain competitive rates) Reserve Fund: Unknown Contingency/Rate Stabilization Fund: 5% of annual gross revenues Unknown Reserve Fund: $6M within first year of operations Contingency/Rate Stabilization Fund: Unknown Reserve Fund: 90 days operating costs, excluding power costs Contingency/Rate Stabilization Fund: Unknown Reserve Fund: Unknown Contingency/Rate Stabilization Fund: Unknown Unknown Unknown Reserve Fund: ~50% of operating expenses Use of Unbundled RECs No Yes - 8% (July 2017)No - exclusively use Cat 1 (CA bundled) RECs Yes - 8% (July 2017) Yes - 2017-2026 IRP commits to ≤ 3% unbundled RECs in line with RPS No Unknown Initially no, but does not appear to be explicit restriction on Cat 3 RECs Initially no, but amended procurement strategy to include up to 12.5% Cat 3 RECs for 2017-18 due to difficulty securing Category 2 RPS-eligible renewables Initially yes; sold Cat 3 RECs in 2016 and will only use going forward if required to suport local RE programs or protect the value of CA renewables Unknown Unknown No Renewable Energy/Environmental Goals Lower GHG emissions and supports participating local governments' climate action plans Prioritizes local and in-state renewable resources Unknown Unknown City aims to be zero net energy community Base product to be 80% renewable by 2025; long-term* goal of 100% renewable energy 75% GHG-free portfolio by 2017; 100% GHG-free portfolio by 2025 ("subject to operational practicalities and product availability") 25 MW of local solar by 2021 Long-term* goal of offsetting 2% of annual energy requirements with DER Offset 5% of annual capacity (Resource Adequacy) requirements through DR by 2026 * Long-term not defined 100% GHG-free portfolio by 2021 100% CA RPS eligible renewable energy by 2025 20MW of new local power by 2025 Unknown 5% more renewables than PG&E 5% lower GHG intensity than PG&E 100% carbon free Reduce electricity sales by 0.5% by 2024 through energy efficiency (incremental to existing PG&E EE efforts) Website states SCP is "on track" to be 50% renewable by 2020 Unknown Unknown Maximize carbon-free resources DSM Programs Desires to administer/support DSM programs Plans to apply for independent administration Plans to apply for independent administration Withdrew business plan to apply for independent administration Self administer Plans to apply for independent administration; may bring existing local DSM programs in house Plans to apply for independent administration Does not plan to apply to administer; RCEA to continue to administer PG&E-funded programs with intent to add new programs Plans to apply for independent administration; may bring existing local DSM programs in house Plans to apply for independent administration; may bring existing local DSM programs in house Unknown Unknown Do not plan to apply for independent administration within the first few years; TBD after that Opt-out Notice Mechanism Mailer Mailer independent from PG&E bills Mailer Mailer Mailer - possible bill insert with PG&E Mailer Mailer Mailer Mailer Unknown Unknown Mailer Opt-out Fee (after 1st 60 days)Resi- $5; C&I - $25 (proposed)Resi - $5; C&I - $25 Not clear - no mention of fee on website but IP included an estimated $75 fee for resi and$100 for C&I Resi - $5; C&I - $5-25 Resi - $5; C&I - $25 (after 1st year of service)Unknown No fee Base product: Resi - $5; C&I - $25 Premium product: Resi - $105; Small C&I - $125; Large C&I - $25 + $0.03/kWh (if no notice) or $25 (6- month notice) Resi - $5; C&I - $25 Unknown Unknown Resi - $5; C&I - $25 (estimate included in IP) Page 5 of 5 Packet Pg 57 1 FINAL REPORT 3H9HFG 2017 ON COMMUNITY CHOICE AGGREGATION FOR THE CENTRAL COAST REGION Packet Pg 58 1       Thispageintentionallyleftblank. Packet Pg 59 1 EXECUTIVE SUMMARY Packet Pg 60 1       Thispageintentionallyleftblank. Packet Pg 61 1 Executive Summary A. Community Choice Aggregation Overview Community Choice Aggregation (CCA) is a program for local jurisdictions in California to procure electricity supply for, and develop energy resources to serve, jurisdictional customers. According to the Local Government Commission,1 the most common reasons for forming a CCA program are to: ƒIncrease use of renewable generation, ƒExert control over rate setting, ƒStimulate economic growth, and ƒLower rates. When a CCA is formed, the local incumbent electric investor-owned utility (IOU) continues to deliver power through its transmission and distribution facilities to customers within its service territory. The IOU also provides monthly customer metering and billing services. The local CCA program procures the electric commodity and sells it to its customers, with the intent that the electricity is less expensive, more local, and/or uses more renewable generation than the current utility alternative. The two components, delivery and generation, already appear separately on customer bills. The incumbent utility continues to provide billing services, but the CCA’s generation rate replaces the IOU’s generation rate on customer bills. Jurisdictions in California have formed CCA programs in efforts to provide constituents the option to be served with a greater mix of renewable and carbon-free energy generation than is provided by the incumbent utility. Eight CCA programs are currently operational in California, with ten more launching in 2018. At least 17 additional jurisdictions are exploring and/or are in the planning stages for CCA. B. Study Scope and Purpose This technical feasibility Study for CCA for the Central Coast Region (Study) was directed by the Advisory Working Group (AWG), which was formed by eleven governments in the Santa Barbara, San Luis Obispo, and Ventura County (Tri-County) Region. The Advisory Working Group collectively has named the potential CCA “Central Coast Power.” The Study’s purpose is to advise and guide the Tri-County Region in understanding the feasibility of forming a new CCA program. This Study considers required startup and operational processes and evaluates multiple Ten local governments joined with the County of Santa Barbara to fund this Study, and the following jurisdictions formed an Advisory Working Group in December 2015: • Unincorporated San Luis Obispo County • Unincorporated Santa Barbara County, plus: o City of Carpinteria o City of Santa Barbara • Unincorporated Ventura County, plus: o City of Camarillo o City of Moorpark o City of Ojai o City of Simi Valley o City of Thousand Oaks o City of Ventura Packet Pg 62 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-2 procurement scenarios to determine whether a CCA program in the Tri-County Region is: a) financially feasible; and b) will meet its stated policy objectives. The Study results do not necessarily apply to one or more of the Tri-County local governments joining an existing CCA program. This Study evaluates the financial and economic viability of a CCA by: xForecasting the CCA electricity demand requirements (load) and potential customers by class; xEstimating the costs of procuring the necessary electricity supply; and xProjecting the costs of starting up and administering a CCA program. The Study also enumerates the potential benefits and associated risks of a CCA program and discusses implementation requirements. C. Energy Procurement and Study Scenarios Energy procurement is complex and the total cost of procurement is subject to changes in both market conditions (price) and consumption (volume). Load Serving Entities (LSEs)—IOUs, CCAs, and Electricity Service Providers (ESPs)—must manage both load forecasting and energy procurement with a robust risk management approach to account for the dynamic and volatile nature of power markets and load. Given the uniqueness of multiple municipalities partnering to commission this feasibility Study, the Advisory Working Group established eight geographic participation scenarios. These eight scenarios were selected to explore the feasibility of different sizes and configurations for the CCA program and the potential effect of customer demographics. Although the entire Tri-County Region may not ultimately pursue CCA, certain jurisdictions may decide to move forward with CCA. The eight participation scenarios defined for this Study are: 1.All Tri-County Region 2.AWG Jurisdictions 3.All San Luis Obispo County 4.Unincorporated San Luis Obispo County 5.All Santa Barbara County 6.Unincorporated Santa Barbara County 7.All Ventura County 8.City of Santa Barbara In addition to the eight participation scenarios, three renewable energy content scenarios were considered. All scenarios include a customer option to opt-up to a 100% renewable energy product. For the purposes of this Study, 2% of customers were assumed to opt-up to the 100% renewable option. The three renewable energy content scenarios are as follows: Throughout the report, the term LSE is used to provide illustrative trends that are affecting the Tri-County Region as a whole, regardless of whether the electricity is provided by an IOU, ESP or CCA program. For our purposes, a CCA program is a subset of the more broad LSE term. Packet Pg 63 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-3 xRPS Equivalent: This scenario assumes that Central Coast Power would offer its base electricity product to all customers starting at 33% renewable content in 2020 and ramping up to 50% renewable content by 2030 in alignment with the California minimum Renewable Portfolio Standard (RPS).2 xMiddle of the Road: This scenario assumes that Central Coast Power would offer its base electricity product to all customers using 50% renewable content for the entire Study period. xAggressive: This scenario assumes that Central Coast Power would offer its base electricity product to all customers using 75% renewable content for the entire Study period. This Study evaluates an eleven-year period from 2020 to 2030, although a potential CCA program could begin earlier than 2020. Figure ES-1 illustrates how the renewable energy content in the RPS Equivalent scenario grows over time, and in the other two scenarios remains constant across the Study period. These three scenarios were chosen to illustrate the relative differences in cost given different levels of renewable supply content. Actual CCA implementation may choose to follow a progression of increasing renewable generation over that period based on cost competitiveness. For example, Central Coast Power CCA may launch in 2020 with 50% renewable content and progress to 75% renewable content by 2030, assuming it can do so at a cost advantage to the IOUs. To enhance report readability, the main body of this report presents results for the AWG Jurisdictions participation scenario, for the RPS Equivalent, Middle of the Road, and Aggressive renewable energy content scenarios. Detailed results for the other seven participation scenarios are provided in Appendices C, and E through J. Figure ES-1 Renewable Energy Content Modeled in this Study Packet Pg 64 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-4 The fundamental operational role of a CCA is to forecast customer electricity needs and procure energy and associated energy related services. Power procurement consists of forecasting and risk management tasks. Power procurement planning and day-to-day decision making rely heavily on short-term and long-term forecasts of consumer demand for power. The procurement function must also evaluate and assess the inherent risks associated with demand forecasting and develop appropriate risk mitigation strategies. Though no one can predict future energy demand with 100% certainty, logical, data- driven, industry-standard methodologies to forecasting are available to provide a realistic outlook of energy demand under a variety of future scenarios. Brief discussions covering the forecasts for customer power demand and power procurement costs are provided in the following segments. D. Customer Demand As shown in Figure ES-2, Ventura County is the largest electricity consumer of the three counties considered in this Study, followed by Santa Barbara and San Luis Obispo Counties. Collectively, customers in the incorporated cities in San Luis Obispo and Ventura Counties consume more electricity than customers in the unincorporated county. The reverse is true in Santa Barbara County. The fundamental operational role of a CCA is to forecast customer electricity needs and procure energy and associated energy related services. Energy is measured in several units throughout this study: kilowatt-hours (kWh), which is the unit used on customer bills; megawatt-hours (MWh), where 1 MWh equals 1,000 kWh; and gigawatt- hours (GWh), where 1 GWh equals 1,000 MWh or 1,000,000 kWh. Packet Pg 65 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-5 Figure ES-2 Annual Demand in Gigawatt-hours (GWh) by County Figure ES-3 shows the annual electricity consumption for each of the Study’s eight geographic participation scenarios. The consumption and number of accounts generally mirror each other, with the exception of unincorporated San Luis Obispo and Santa Barbara Counties. Packet Pg 66 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-6 Figure ES-3 Annual Demand in GWh for Each Geographic Participation Scenario Electricity consumption is forecasted to grow moderately over the Study period, however continued customer adoption of distributed generation (DG) solar photovoltaic (PV) is expected to offset this growth. DG PV reduces the amount of energy that needs to be provided by the potential CCA. Figure ES 4 illustrates the growth of customer-owned DG PV since the year 2000 and illustrates a forecast for additional DG PV capacity if this trend continues. Table ES 1 lists the forecasted annual energy consumption, annual DG PV generation, and the annual net load (consumption-generation) served by the potential CCA for the AWG Jurisdictions participation scenario. In summary, a Central Coast Power CCA would likely sell less electricity each year given customer DG PV adoption. Packet Pg 67 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-7 Figure ES-4 California Solar Initiative Incentivized Customer-Owned Solar Photovoltaic in the Region with 2030 Forecast Table ES-1 Load, Distributed Generation, and Net Load Forecast, AWG Jurisdictions Participation Scenarios Year Annual Energy Consumption (MWh) Annual DG Generation (MWh) Annual Net Load Served by LSE (MWh) 2020 6,698,164 164,987 6,533,177 2021 6,735,965 202,979 6,532,985 2022 6,777,276 244,414 6,532,862 2023 6,811,982 287,988 6,523,995 2024 6,868,761 335,074 6,533,686 2025 6,888,329 381,954 6,506,375 2026 6,930,669 431,948 6,498,721 2027 6,971,608 483,660 6,487,948 2028 7,026,296 538,288 6,488,008 2029 7,047,280 592,489 6,454,791 2030 7,085,173 650,280 6,434,893 Forecast Packet Pg 68 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-8 As explained in Section II Technical and Financial Analysis, the increasing amount of DG PV also creates more volatile customer load due to the variable nature of its energy output. Solar generation depends on solar irradiance, which can fluctuate significantly over very short periods of time (within seconds) due to weather patterns and resulting cloud cover. E. Power Procurement Cost Forecasts CCAs, like all LSEs, satisfy customer demand for electricity by managing a power supply portfolio, a collection of supply-side resources. For the purposes of this Study, a power supply portfolio is designed to acquire two distinct commodities: energy, typically measured in MWh, and resource adequacy capacity, typically measured in megawatts (MW). Energy resources include natural gas generation, RPS compliant renewable energy generation, energy storage, and California Independent System Operator (CAISO) day- ahead and real-time market purchases. Resource adequacy is used to make sure there is sufficient capacity to produce electricity during peak demand periods. This Study projects decreasing costs for all energy resources considered, except for energy procured in the CAISO markets, where average pricing remains constant and large fluctuations are due to variability in renewable generation for both utility scale resources and customer-owned DG PV. Actual CAISO real- time market prices from January 2014 through October 2016 for the Tri-County Region average around $36 per megawatt-hour (MWh). However, the range of prices around that mean varied greatly, reaching a high of $4,377 per MWh during shortages of supply relative to demand, and a low of -$1,277 per MWh— meaning that CAISO will pay participants to take power—when supply exceeds demand. The high level of DG PV penetration in California, combined with solar and wind energy’s variable nature, accounts for much of this market volatility. This Study has modeled renewable resource variability and the CCA’s associated exposure to CAISO market prices. Table ES-2 presents the Study forecast for the average annual power procurement cost for the AWG Jurisdictions participation scenario for the three renewable supply scenarios. As can be seen in these data, the average cost of power procurement for the CCA rises as more renewable energy content is added because renewable generation is forecast to be more expensive than alternative non-renewable resources, despite a slight downward trend in renewable energy prices. Packet Pg 69 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-9 Table ES-2 Average Annual Power Procurement Costs ($ per MWh), AWG Jurisdictions Scenarios Year RPS Equivalent Middle of the Road (50% Renewable) Aggressive (75% Renewable) 2020 $67 $74 $87 2021 $66 $74 $85 2022 $66 $74 $85 2023 $66 $72 $85 2024 $66 $72 $84 2025 $66 $71 $84 2026 $67 $70 $84 2027 $68 $70 $84 2028 $68 $69 $83 2029 $68 $69 $82 2030 $68 $69 $81 The total energy requirements served by various power supply options, including PPAs, the CAISO day- ahead and real-time markets, among others, change depending on scenario, however, the price of each option does not. This is what would be expected in actuality, as the amount of energy procured by the CCA would have little to no bearing on the prevailing PPA and market prices on a long-term basis. In support of the power procurement cost forecast, data from the U.S. Department of Energy’s Energy Information Administration’s Annual Energy Outlook 2017,3 which provides estimates of renewable generation costs on a regional basis, were examined. This data is used by utilities, energy consultancies, and others to help understand current and future energy-related pricing trends and is based on real-world project construction, financing, ownership, and ongoing operations and maintenance costs. Table ES-3 shows the various costing components for a new solar photovoltaic project and a new wind project, assuming they are installed on sites where there is no need to work within the constraints imposed by existing buildings or infrastructure (greenfield projects). This cost data supports all-in pricing at around $67 per MWh for wind resources and $101 per MWh for solar PV resources. Packet Pg 70 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-10 Table ES-3 Energy Information Administration Cost Estimates for New Wind and Solar Energy Resources in California Description Wind Farm – Onshore Utility-Scale Photovoltaic Configuration 100 MW; 56 turbines at 1.79 MW each 20 MW, Alternating Current, Fixed Tilt Installation Type Greenfield Installation Greenfield Installation Total Capacity (MW) 100 20 Capacity Factor (National Average, Jan. 2016-Apr. 2017) 36.59% 26.76% Total Project Cost, California-Mexico Region ($ per kW-installed) $2,010 $2,578 Total Project Cost, California-Mexico Region ($) $201,000,000 $51,560,000 Variable O&M ($ per MWh) $ - $ - Fixed O&M ($ per kW-year) $46.71 $21.66 Weighted Average Cost of Capital (%) 5.50% 5.50% Debt Finance Term (years) 20 20 Financing Costs per Year ($) $16,819,545 $4,314,506 Fixed O&M Costs per Year ($) $4,671,000 $433,200 Total Project Costs per Year ($) $21,490,545 $4,747,706 Energy Production per Year (MWh) 320,528 46,884 Per Unit Cost ($ per MWh) $67.05 $101.27 Like all energy price forecasts, the one used within the Study—just as those used within other CCA feasibility studies—may or may not accurately reflect actual future conditions, which are unknown and not predictable. Various market drivers may change resulting in different outcomes from those assumed here. The forecast used herein is a reasonable estimate for the purposes of analyzing the feasibility of CCA within the Tri-County Region, but no warranties as to the accuracy of forecast prices for power purchase agreements or CAISO market commodities are implied or should be inferred. For example, large hydroelectric generation resources owned and managed by the IOUs were not significantly utilized during the recent drought years through 2016. Rainfall in the winter of 2016-2017 filled the hydroelectric reservoirs, enabling a low cost, carbon-neutral generation resource for the IOUs. Generally speaking, all other things being equal, increased hydro production will lower IOU generation revenue requirements and could have a dampening effect on IOU rates, potentially lowering the rates required for the CCA to be competitive. F. Greenhouse Gas Emissions Impact This Study also evaluated the greenhouse gas (GHG) emissions impact of the renewable energy content of the CCA’s portfolio—including the 100% renewable energy product assumed to be chosen by 2% of customers—relative to that of the incumbent IOUs, Southern California Edison (SCE) and Pacific Gas and Electric (PG&E). For the purposes of this comparison, the IOU Base Case assumes the IOUs will progress from currently published 2020 RPS levels of renewable generation linearly to the 50% RPS goal in 2030. Although each IOU may elect to exceed RPS requirements as they have in recent history and relative to 2020 requirements, for example PG&E submitted a joint proposal to decommission the El Diablo nuclear power station and voluntarily reach 55% RPS by 2031,4 neither IOU has publicly stated firm plans to exceed RPS targets. California is currently considering Senate Bill 100, which would increase the renewable energy mandate to: 50% by December 31, 2026 and 60% by December 31, 2030.5 Figure ES-5 summarizes Packet Pg 71 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-11 the GHG impact analysis results for the IOU renewable scenario and three CCA renewable scenarios. Figure ES-5 GHG Emissions Impact Analysis, AWG Jurisdictions Participation Scenarios Large hydroelectric generation resources owned and managed by the IOUs do not count towards RPS goals and were also not significantly utilized during the recent drought years through 2016. Rainfall in the winter of 2016-2017 filled the hydroelectric reservoirs enabling a low cost, carbon-neutral generation component for the IOUs. In addition, the pumped hydro energy storage that can balance the variability of other sources of renewable generation also relies on rain to fill reservoirs. Future rainfall and drought conditions are unknown, and therefore the future utilization of large hydroelectric generation by the IOUs cannot be predicted. Additional use of hydro resources or increases to the IOU RPS content would result in lower GHG emissions for the IOUs, potentially decreasing the additional GHG reduction benefit of the CCA program. G. Cost of Service and Financial Pro Forma Analysis The cost of service analysis relied on traditional utility ratemaking principles and followed an industry standard methodology for creation of a financial pro forma to forecast the future economic and financial performance of the CCA program. The Study assessed financial feasibility in terms of the ability of the CCA program to realistically deliver competitive costs for customers while paying its substantial start-up Packet Pg 72 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-12 and agency formation costs and ongoing operating expenses. The first step in the cost of service analysis was developing the projected CCA program revenue requirement: the amount of revenue required to cover the costs of the CCA program, including all operating and non-operating expenses, debt-service payments, a contingency allotment, a working capital reserve, and a rate stabilization fund. The revenue requirement was based on a comprehensive accounting of all pertinent costs and projections of customer participation; assumptions and input development are described later in this report. Cost assumptions relied on historical publicly-available information, power cost forecasts conducted for this Study, data provided by PG&E and SCE, and subject matter expertise gained working with a host of public utilities and similar organizations. Table ES-4 summarizes the CCA program Test Year revenue requirements for the AWG Jurisdictions participation scenarios Table ES-4 Test Year CCA Revenue Requirements, AWG Jurisdictions Participation Scenarios CCA program customer participation was assumed to be constant for each participation scenario across the three renewable energy content scenarios examined. For all scenarios, an opt-out rate of 15% was used for all rate classes for all years, meaning that 15% of bundled customers by load in each rate class were assumed to opt out of the CCA program.6 This 15% opt-out rate is in addition to an estimated 23.5% of AWG Jurisdictions scenario load that represents typically large commercial customers who are RPS Equivalent Middle of the Road Aggressive REVENUE REQUIREMENT Baseload Total Operating Expenses Excluding Power Costs 10,146,683$ 10,256,373$ 10,482,215$ Total Non-Operating Expenses 16,959,517 18,158,147 20,239,969 Power Costs 461,419,035 489,933,855 549,930,521 Contingency/Rate Stabilization Fund 54,171,111$ 57,535,423$ 64,613,615$ BASELOAD REVENUE REQUIREMENT 542,696,345$ 575,883,798$ 645,266,320$ Opt-up to 100% RPS Total Operating Expenses Excluding Power Costs 207,075$ 209,314$ 213,923$ Total Non-Operating Expenses 346,113 370,574 413,061 Power Costs 12,617,576 12,617,576 12,617,576 Contingency/Rate Stabilization Fund 1,105,533$ 1,174,192$ 1,318,645$ OPT-UP TO 100% RPS REVENUE REQUIREMENT 14,276,297$ 14,371,657$ 14,563,205$ TOTAL REVENUE REQUIREMENT 556,972,642$ 590,255,454$ 659,829,525$ AWG Jurisdictions Participation Scenarios Description The Test Year is the future annualized period for which operating costs are analyzed and rate proxies established. The Study Test Year is based on forecasts of CCA operating conditions for years 2022, 2023, and 2024 and represents a twelve-month period of normalized operations selected to evaluate the cost of service for each customer class and the adequacy of rate proxies to provide sufficient revenue. Packet Pg 73 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-13 likely to remain with their existing Direct Access (DA) ESP. Other CCA feasibility studies have supported the assertion that opt-out rates, within a reasonable range, have little bearing on CCA feasibility. Figure ES-6 and Figure ES-7 summarize Test Year customer accounts by rate class and Test Year customer usage by rate class for the AWG Jurisdictions participation scenarios, respectively. Average CCA Test Year customer profiles for the three AWG Jurisdictions participation scenarios are provided in Table ES-5. Figure ES-6 Test Year CCA Customer Accounts, AWG Jurisdictions Participation Scenarios 0 50 100 150 200 250 300 350 400 PG&E Customers, AWG Jurisdictions Scenarios SCE Customers, AWG Jurisdictions Scenarios Total CCA Customers, AWG Jurisdictions Scenarios Thousands Test Year Customer Accounts by Rate Class Traffic Control Residential CARE Residential Lighting Small Comm <200kW Med Comm 200<500kW Large Comm 500<1,000kW Very Large Comm >1,000kW Agriculture Packet Pg 74 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-14 Figure ES-7 Test Year CCA Customer Usage, AWG Jurisdictions Participation Scenarios 0 1,000 2,000 3,000 4,000 5,000 6,000 PG&E Customers, AWG Jurisdictions Scenarios SCE Customers, AWG Jurisdictions Scenarios Total CCA Customers, AWG Jurisdictions Scenarios GWH Test Year Customer Energy Usage by Rate Class Traffic Control Residential CARE Residential Lighting Small Comm <200kW Med Comm 200<500kW Large Comm 500<1,000kW Very Large Comm >1,000kW Agriculture Packet Pg 75 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-15 Table ES-5 Test Year CCA Customer Accounts and Usage, AWG Jurisdictions Participation Scenarios While rate design was not part of the Study scope, based on the detailed pro forma analysis, CCA rate proxies by customer class by IOU jurisdiction were developed. Rate proxies represent the amount of revenue by customer class required to make the CCA financially solvent, based on the Test Year. Based on this analysis, CCA baseline customers would have all-in rate proxies that are higher than both PG&E and SCE for most rate classes for all participation and renewable energy content scenarios examined. Table ES-6 through Table ES-8 present the generation rate differences between the CCA and PG&E and SCE for the AWG Jurisdictions participation scenarios for the RPS Equivalent, Middle of the Road, and Aggressive renewable energy content scenarios. The generation portion of customers’ bills is the only cost component for which the CCA competes with the incumbent utilities. Customer billing and delivery charges (transmission and distribution) are the same for both CCA and IOU bundled customers. Generation rate comparisons are provided for the first five years of the Study period by rate class.7 The Accounts Annual Load Average Monthly Load Line Description (MWh) (kWh/Account) 1 BASELOAD 2 Agriculture 6,454 490,772 6,337 3 Very Large Comm >1,000kW 13 718,495 4,673,350 4 Large Comm 500<1,000kW 405 441,022 90,742 5 Med Comm 200<500kW 576 297,829 43,094 6 Small Comm <200kW 40,034 1,124,051 2,340 7 Lighting 1,757 26,357 1,250 8 Residential 256,812 1,709,325 555 9 Residential CARE 22,929 124,036 451 10 Traffic Control 841 2,811 278 11 TOTAL BASELOAD 329,821 4,934,699 1,247 12 OPT-UP TO 100% RPS (MWH) 13 Agriculture - - - 14 Very Large Comm >1,000kW - - - 15 Large Comm 500<1,000kW 9 10,071 90,742 16 Med Comm 200<500kW 29 15,106 43,094 17 Small Comm <200kW 538 15,106 2,340 18 Lighting - - - 19 Residential 9,078 60,425 555 20 Residential CARE - - - 21 Traffic Control - - - 22 TOTAL OPT-UP TO 100% RPS 9,655 100,708 869 23 TOTAL CCA 339,476 5,035,407 1,236 CUSTOMERS OPTING UP TO 100% RENEWABLES Portion of Opt Up Portion of Total CCA 24 Agriculture 0%0.00% 25 Very Large Comm >1,000kW 0%0.00% 26 Large Comm 500<1,000kW 10%0.20% 27 Med Comm 200<500kW 15%0.30% 28 Small Comm <200kW 15%0.30% 29 Lighting 0%0.00% 30 Residential 60%1.20% 31 Residential CARE 0%0.00% 32 Traffic Control 0%0.00% 33 TOTAL 100%2.00% Test Year Packet Pg 76 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-16 total anticipated bill impact to residential customers in 2020 is included in Table ES 9. Table ES-6 Generation Rate Comparisons for PG&E, SCE, and CCA, AWG Jurisdictions RPS Equivalent Renewable Energy Content Scenario CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates Agriculture 0.1175 0.0742 0.1175 0.0753 0.1175 0.0749 0.1175 0.0747 0.1175 0.0754 Commercial/Industrial Small <200kW 0.1183 0.1049 0.1183 0.1065 0.1183 0.1059 0.1183 0.1055 0.1183 0.1065 Commercial/Industrial Medium 200<500 kW 0.1190 0.1097 0.1190 0.1113 0.1190 0.1107 0.1190 0.1103 0.1190 0.1114 Commercial/Industrial Large 500<1000 kW 0.1145 0.1107 0.1145 0.1124 0.1145 0.1118 0.1145 0.1114 0.1145 0.1124 Residential 0.1220 0.1003 0.1220 0.1018 0.1220 0.1013 0.1220 0.1009 0.1220 0.1018 Residential CARE 0.1152 0.0936 0.1152 0.0950 0.1152 0.0945 0.1152 0.0941 0.1152 0.0950 Residential Solar Choice 0.1920 0.1265 0.1920 0.1284 0.1920 0.1277 0.1920 0.1272 0.1920 0.1284 Weighted Average 0.1193 0.0961 0.1193 0.0975 0.1193 0.0970 0.1193 0.0967 0.1193 0.0976 CCA Rate Premium/ (CCA Savings)24.10%22.27%22.92%23.37%22.22% Rate Class CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates Agriculture 0.1050 0.0543 0.1050 0.0551 0.1050 0.0548 0.1050 0.0547 0.1050 0.0552 Commercial/Industrial Small <200kW 0.1072 0.0922 0.1072 0.0936 0.1072 0.0931 0.1072 0.0927 0.1072 0.0936 Commercial/Industrial Medium 200<500 kW 0.1064 0.0837 0.1064 0.0850 0.1064 0.0845 0.1064 0.0842 0.1064 0.0850 Commercial/Industrial Large 500<1000 kW 0.1057 0.0777 0.1057 0.0789 0.1057 0.0785 0.1057 0.0782 0.1057 0.0789 Residential 0.0999 0.0712 0.0999 0.0723 0.0999 0.0719 0.0999 0.0716 0.0999 0.0723 Residential CARE 0.0924 0.0635 0.0924 0.0645 0.0924 0.0641 0.0924 0.0639 0.0924 0.0645 Residential Green Tariff 0.1199 0.1127 0.1199 0.1144 0.1199 0.1138 0.1199 0.1134 0.1199 0.1144 Weighted Average 0.1034 0.0776 0.1034 0.0788 0.1034 0.0784 0.1034 0.0781 0.1034 0.0788 CCA Rate Premium/ (CCA Savings)33.23%31.26%31.97%32.44%31.21% 2026 Rate Class 2022 2023 2024 2025 Packet Pg 77 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-17 Table ES-7 Generation Rate Comparisons for PG&E, SCE, and CCA, AWG Jurisdictions Middle of the Road Renewable Energy Content Scenario Table ES-8 Generation Rate Comparisons for PG&E, SCE, and CCA, AWG Jurisdictions Aggressive Renewable Energy Content Scenario CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates Agriculture 0.1242 0.0742 0.1242 0.0753 0.1242 0.0749 0.1242 0.0747 0.1242 0.0754 Commercial/Industrial Small <200kW 0.1250 0.1049 0.1250 0.1065 0.1250 0.1059 0.1250 0.1055 0.1250 0.1065 Commercial/Industrial Medium 200<500 kW 0.1257 0.1097 0.1257 0.1113 0.1257 0.1107 0.1257 0.1103 0.1257 0.1114 Commercial/Industrial Large 500<1000 kW 0.1212 0.1107 0.1212 0.1124 0.1212 0.1118 0.1212 0.1114 0.1212 0.1124 Residential 0.1287 0.1003 0.1287 0.1018 0.1287 0.1013 0.1287 0.1009 0.1287 0.1018 Residential CARE 0.1219 0.0936 0.1219 0.0950 0.1219 0.0945 0.1219 0.0941 0.1219 0.0950 Residential Solar Choice 0.1987 0.1265 0.1987 0.1284 0.1987 0.1277 0.1987 0.1272 0.1987 0.1284 Weighted Average 0.1260 0.0961 0.1260 0.0975 0.1260 0.0970 0.1260 0.0967 0.1260 0.0976 CCA Rate Premium/ (CCA Savings)31.06%29.13%29.82%30.29%29.08% Rate Class CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates Agriculture 0.1117 0.0543 0.1117 0.0551 0.1117 0.0548 0.1117 0.0547 0.1117 0.0552 Commercial/Industrial Small <200kW 0.1139 0.0922 0.1139 0.0936 0.1139 0.0931 0.1139 0.0927 0.1139 0.0936 Commercial/Industrial Medium 200<500 kW 0.1132 0.0837 0.1132 0.0850 0.1132 0.0845 0.1132 0.0842 0.1132 0.0850 Commercial/Industrial Large 500<1000 kW 0.1124 0.0777 0.1124 0.0789 0.1124 0.0785 0.1124 0.0782 0.1124 0.0789 Residential 0.1066 0.0712 0.1066 0.0723 0.1066 0.0719 0.1066 0.0716 0.1066 0.0723 Residential CARE 0.0991 0.0635 0.0991 0.0645 0.0991 0.0641 0.0991 0.0639 0.0991 0.0645 Residential Green Tariff 0.1266 0.1127 0.1266 0.1144 0.1266 0.1138 0.1266 0.1134 0.1266 0.1144 Weighted Average 0.1102 0.0776 0.1102 0.0788 0.1102 0.0784 0.1102 0.0781 0.1102 0.0788 CCA Rate Premium/ (CCA Savings)41.87%39.78%40.53%41.04%39.72% 2026 Rate Class 2022 2023 2024 2025 CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates Agriculture 0.1382 0.0742 0.1382 0.0753 0.1382 0.0749 0.1382 0.0747 0.1382 0.0754 Commercial/Industrial Small <200kW 0.1390 0.1049 0.1390 0.1065 0.1390 0.1059 0.1390 0.1055 0.1390 0.1065 Commercial/Industrial Medium 200<500 kW 0.1397 0.1097 0.1397 0.1113 0.1397 0.1107 0.1397 0.1103 0.1397 0.1114 Commercial/Industrial Large 500<1000 kW 0.1352 0.1107 0.1352 0.1124 0.1352 0.1118 0.1352 0.1114 0.1352 0.1124 Residential 0.1426 0.1003 0.1426 0.1018 0.1426 0.1013 0.1426 0.1009 0.1426 0.1018 Residential CARE 0.1359 0.0936 0.1359 0.0950 0.1359 0.0945 0.1359 0.0941 0.1359 0.0950 Residential Solar Choice 0.2026 0.1265 0.2026 0.1284 0.2026 0.1277 0.2026 0.1272 0.2026 0.1284 Weighted Average 0.1399 0.0961 0.1399 0.0975 0.1399 0.0970 0.1399 0.0967 0.1399 0.0976 CCA Rate Premium/ (CCA Savings)45.56%43.41%44.18%44.70%43.35% Rate Class CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates Agriculture 0.1258 0.0543 0.1258 0.0551 0.1258 0.0548 0.1258 0.0547 0.1258 0.0552 Commercial/Industrial Small <200kW 0.1280 0.0922 0.1280 0.0936 0.1280 0.0931 0.1280 0.0927 0.1280 0.0936 Commercial/Industrial Medium 200<500 kW 0.1272 0.0837 0.1272 0.0850 0.1272 0.0845 0.1272 0.0842 0.1272 0.0850 Commercial/Industrial Large 500<1000 kW 0.1265 0.0777 0.1265 0.0789 0.1265 0.0785 0.1265 0.0782 0.1265 0.0789 Residential 0.1208 0.0712 0.1208 0.0723 0.1208 0.0719 0.1208 0.0716 0.1208 0.0723 Residential CARE 0.1132 0.0635 0.1132 0.0645 0.1132 0.0641 0.1132 0.0639 0.1132 0.0645 Residential Green Tariff 0.1308 0.1127 0.1308 0.1144 0.1308 0.1138 0.1308 0.1134 0.1308 0.1144 Weighted Average 0.1242 0.0776 0.1242 0.0788 0.1242 0.0784 0.1242 0.0781 0.1242 0.0788 CCA Rate Premium/ (CCA Savings)59.94%57.58%58.43%59.00%57.52% 2026 Rate Class 2022 2023 2024 2025 Packet Pg 78 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-18 Figure ES-8 and Figure ES-9 graphically depict the difference in generation rates between the CCA and PG&E and the CCA and SCE, respectively, for the AWG Jurisdictions scenario for the three renewable content scenarios. Figure ES-8 CCA and PG&E Generation Rate Comparison Summary for AWG Jurisdictions Participation Scenarios 0.0000 0.0500 0.1000 0.1500 0.2000 CCA Rates PG&E Rates CCA Rates PG&E Rates CCA Rates PG&E Rates AWG RPS Equivalent AWG Middle of The Road AWG Aggressive 2022-2026 Average Base Generation Rates ($/kWh) Packet Pg 79 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-19 Figure ES-9 CCA and SCE Generation Rate Comparison Summary for AWG Jurisdictions Participation Scenarios Table ES-9 shows the percentage change in average generation rates and the monetary change in monthly Residential bills for CCA customers versus PG&E and SCE, and the percent change in GHG emissions for all rate classes. This data is presented for year 2020. The previous Tables ES-6 through ES-8 present weighted average rate impacts across all seven customer classes examined for years 2022-2026. 0.0000 0.0500 0.1000 0.1500 0.2000 CCA Rates SCE Rates CCA Rates SCE Rates CCA Rates SCE Rates AWG RPS Equivalent AWG Middle of The Road AWG Aggressive 2022-2026 Average Base Generation Rates ($/kWh) Packet Pg 80 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-20 Table ES-9 Summary of Forecasted Residential Class Outcomes by Renewable Energy Content Scenario, AWG Jurisdictions Participation Scenarios, Year 2020 Participation Scenario Included Jurisdictions Renewable Energy Content Pacific Gas & Electric Southern California Edison Proportional GHG Comparison Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Monthly Bill Comparison ($ Increase/ Decrease for CCA Customers) Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Monthly Bill Comparison ($ Increase/ Decrease for CCA Customers) All Tri-County Region All San Luis Obispo County All Santa Barbara County All Ventura County RPS Equivalent 22% $11.25 41% $14.55 6% 50% 29% $14.62 51% $17.93 -9% 75% 43% $21.72 71% $25.05 -55% Advisory Working Group Jurisdictions San Luis Obispo County Santa Barbara County Carpinteria Santa Barbara Ventura County Camarillo Moorpark Ojai Simi Valley Thousand Oaks Ventura RPS Equivalent 22% $12.21 41% $16.08 6% 50% 29% $15.92 50% $19.79 -9% 75% 43% $23.68 70% $27.64 -55% All San Luis Obispo County Arroyo Grande Atascadero Grover Beach Morro Bay Paso Robles Pismo Beach San Luis Obispo Unincorporated SLO County RPS Equivalent 29% $12.07 7% 50% 36% $14.89 -9% 75% 51% $20.77 -54% Unincorporated San Luis Obispo County Unincorporated SLO County RPS Equivalent 35% $15.70 7% 50% 42% $18.77 -9% 75% 56% $25.21 -54% All Santa Barbara County Buellton Carpinteria Goleta Guadalupe Santa Barbara Santa Maria Solvang Unincorporated Santa Barbara County RPS Equivalent 24% $11.15 45% $14.53 7% 50% 31% $14.27 55% $17.69 -9% 75% 45% $20.78 75% $24.22 -55% Packet Pg 81 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-21 Participation Scenario Included Jurisdictions Renewable Energy Content Pacific Gas & Electric Southern California Edison Proportional GHG Comparison Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Monthly Bill Comparison ($ Increase/ Decrease for CCA Customers) Generation Rate Comparison (% Increase/ Decrease for CCA Customers) Monthly Bill Comparison ($ Increase/ Decrease for CCA Customers) Unincorporated Santa Barbara County Unincorporated Santa Barbara County RPS Equivalent 26% $15.08 47% $19.29 7% 50% 33% $18.97 56% $23.23 -9% 75% 47% $27.11 76% $31.44 -54% All Ventura County Camarillo Fillmore Moorpark Ojai Oxnard Port Hueneme Santa Paula Simi Valley Thousand Oaks Ventura Unincorporated Ventura County RPS Equivalent 41% $15.87 6% 50% 50% $19.54 -10% 75% 70% $27.35 -55% City of Santa Barbara Santa Barbara RPS Equivalent 69% $17.91 6% 50% 78% $20.42 -10% 75% 100% $25.98 -55% Table ES-10 shows annual operating results for the AWG Jurisdictions participation scenario for the RPS Equivalent renewable energy content scenario. Net operating margins are negative for all years of the Study period; meaning revenues are not sufficient to cover total operating and non-operating expenses plus the contingency and rate stabilization fund. In the initial years of the study period, this is due to the phasing in of customers and a lag in revenues versus expenditures. In later years, this revenue insufficiency is caused by rates remaining unchanged even though the CCA experiences an increase in operating costs. Rates were not increased because the CCA rate proxies were not competitive with IOU rates from the onset of the Study through 2026. Raising rates would make them less competitive. Although working capital initially is adequate, given the current debt assumptions that include a long-term bond financing in year 2020 of $288 million, starting in year 2024, working capital declines below targeted amounts and continues to decrease. The combination of increasingly negative net margins and a shortage of working capital would indicate the need for a rate increase around year 2026, again which would further harm the CCA program’s rate competitiveness relative to the IOUs. Table ES-11 presents this data for the AWG Jurisdictions Middle of the Road renewable energy content scenario and Table ES-12 presents this data for the AWG Jurisdictions Aggressive renewable energy content scenario. Generally speaking, results for these alternate renewable energy content scenarios are similar to the RPS Equivalent scenario, although Packet Pg 82 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-22 net margins and working capital deficiencies are better due to the higher rate proxies, which are set at the beginning and remain constant throughout the study period. Rate increases would still be required, but around the 2028 timeframe. Table ES-10 CCA Annual Operating Results, AWG Jurisdictions RPS Equivalent Scenario Table ES-11 CCA Annual Operating Results, AWG Jurisdictions Middle of the Road Scenario Year Operating Revenues ($000s) Total Operating Expenses Plus Contingency/ Rate Stabilization Fund ($000s) Non-Operating Revenues/ (Expenses) ($000s) Debt Service ($000s) Net Margin1 ($000s) Working Capital Fund ($000s) Working Capital Target ($000s) Working Capital Surplus/ (Deficiency) ($000s) Working Capital Surplus/ (Deficiency) (%) a b c d a - b + c - d e f e - f (e/f)-1 2020 110,694 139,109 1,145 11,515 (38,785) 211,653 47,077 164,575 350% 2021 445,293 469,267 2,227 11,515 (33,262) 189,905 159,570 30,335 19% 2022 545,838 533,627 2,046 17,276 (3,018) 186,887 181,993 4,894 3% 2023 556,361 541,735 2,028 17,276 (621) 186,266 184,808 1,458 1% 2024 556,922 543,639 1,925 17,276 (2,067) 184,199 185,916 (1,716) -1% 2025 555,121 543,720 1,985 17,276 (3,889) 180,310 186,453 (6,143) -3% 2026 554,190 551,493 1,903 17,276 (12,676) 167,634 189,470 (21,836) -12% 2027 553,316 556,757 1,721 17,276 (18,995) 148,639 191,885 (43,246) -23% 2028 553,165 566,687 1,396 17,276 (29,401) 119,238 195,934 (76,697) -39% 2029 550,808 569,985 1,183 17,276 (35,270) 83,967 198,148 (114,181) -58% 2030 548,923 581,521 386 17,276 (49,488) 34,479 203,224 (168,745) -83% NPV of Net Margin:(176,175) 1 Net Margin includes Net Operating Income less Debt Service. The net present value (NPV) of the Net Margin is determined using a 4% discount rate and is as of Year 2020. The discount rate is equal to the interest rate on the long-term debt. Year Operating Revenues ($000s) Total Operating Expenses Plus Contingency/ Rate Stabilization Fund ($000s) Non-Operating Revenues/ (Expenses) ($000s) Debt Service ($000s) Net Margin1 ($000s) Working Capital Fund ($000s) Working Capital Target ($000s) Working Capital Surplus/ (Deficiency) ($000s) Working Capital Surplus/ (Deficiency) (%) a b c d a - b + c - d e f e - f (e/f)-1 2020 117,525 150,875 1,235 12,330 (44,445) 223,724 50,583 173,141 342% 2021 472,491 504,655 2,323 12,330 (42,170) 193,883 170,117 23,766 14% 2022 579,072 568,848 2,082 18,499 (6,192) 187,691 192,494 (4,803) -2% 2023 590,222 575,366 2,044 18,499 (1,600) 186,092 194,836 (8,745) -4% 2024 590,817 570,966 1,962 18,499 3,314 189,406 194,067 (4,662) -2% 2025 588,906 566,609 2,098 18,499 5,896 195,302 193,284 2,019 1% 2026 587,918 570,586 2,132 18,499 966 196,268 195,171 1,096 1% 2027 586,991 571,282 2,109 18,499 (681) 195,587 196,227 (640) 0% 2028 586,831 576,506 1,991 18,499 (6,182) 189,405 198,875 (9,470) -5% 2029 584,330 574,978 2,033 18,499 (7,113) 182,292 199,652 (17,361) -9% 2030 582,330 581,643 1,541 18,499 (16,270) 166,022 203,279 (37,257) -18% NPV of Net Margin:(100,693) 1 Net Margin includes Net Operating Income less Debt Service. The net present value (NPV) of the Net Margin is determined using a 4% discount rate and is as of Year 2020. The discount rate is equal to the interest rate on the long-term debt. Packet Pg 83 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-23 Table ES-12 CCA Annual Operating Results, AWG Jurisdictions Aggressive Scenario H. Feasibility Outcome Summary The two primary factors driving forecasted feasibility results for the CCA include: 1) the competitiveness of CCA rates against PG&E and SCE rates; and 2) the long-term financial viability of the enterprise. Under all participation scenarios, because the rate comparisons show most rate classes paying more for power supplied by the CCA than from the incumbent utilities and because the CCA does not maintain sufficient revenues and working capital throughout the Study period, the CCA is deemed infeasible Regarding rate competitiveness, forecasted CCA revenue requirements are primarily driven by power procurement costs and the Cost Responsibility Surcharge (CRS), which consists of the Competitive Transition Charge (CTC), the Department of Water Resources Bond Charge (DWR-BC), and the Power Cost Indifference Adjustment (PCIA). Together, these two components represent 78% of the total of the overall projected CCA revenue requirement and are thus primary drivers of rate competitiveness against the two incumbent utilities. Recent historical movements in the CRS and the allocation of incumbent utility revenue requirements between generation and delivery (i.e., transmission and distribution) appear to disadvantage the CCA program. The delivery portion of customers’ bills is paid equally by CCA and bundled IOU customers. Generally speaking, in recent years the incumbent utilities appear to have been shifting costs from generation to delivery, as discussed in more detail in Section II.E.1 Feasibility Drivers. The CCA only competes against the incumbent utilities on generation. Given the assumptions of this Study, SCE and PG&E forecasted generation rates are not high enough to support CCA feasibility at the forecasted level of CCA power procurement and operational costs. Regarding long-term financial viability, the CCA would Year Operating Revenues ($000s) Total Operating Expenses Plus Contingency/ Rate Stabilization Fund ($000s) Non-Operating Revenues/ (Expenses) ($000s) Debt Service ($000s) Net Margin1 ($000s) Working Capital Fund ($000s) Working Capital Target ($000s) Working Capital Surplus/ (Deficiency) ($000s) Working Capital Surplus/ (Deficiency) (%) a b c d a - b + c - d e f e - f (e/f)-1 2020 131,724 168,193 1,428 13,746 (48,788) 250,176 55,745 194,431 349% 2021 528,600 562,520 2,607 13,746 (45,059) 218,863 187,370 31,493 17% 2022 647,505 633,619 2,361 20,623 (4,375) 214,487 211,809 2,679 1% 2023 659,933 646,015 2,318 20,623 (4,388) 210,100 215,901 (5,801) -3% 2024 660,598 637,896 2,227 20,623 4,307 214,407 214,025 381 0% 2025 658,462 633,821 2,370 20,623 6,388 220,795 213,325 7,469 4% 2026 657,357 640,581 2,395 20,623 (1,452) 219,343 216,041 3,302 2% 2027 656,320 642,137 2,343 20,623 (4,096) 215,247 217,353 (2,106) -1% 2028 656,142 648,050 2,187 20,623 (10,344) 204,903 220,206 (15,303) -7% 2029 653,345 646,843 2,185 20,623 (11,936) 192,967 221,079 (28,111) -13% 2030 651,109 652,739 1,647 20,623 (20,605) 172,362 224,476 (52,114) -23% NPV of Net Margin:(120,434) 1 Net Margin includes Net Operating Income less Debt Service. The net present value (NPV) of the Net Margin is determined using a 4% discount rate and is as of Year 2020. The discount rate is equal to the interest rate on the long-term debt. In no participation or renewable energy content scenario were the CCA program’s rates competitive with PG&E or SCE. Given the underperformance of the CCA in terms of being rate competitive, consistently having negative net margins, and failing to meet the target for working capital, the CCA under the assumptions used in the Study is neither reliably solvent nor financially feasible. Packet Pg 84 1 Executive Summary Technical Feasibility Study Central Coast Region on Community Choice Aggregation August 2017 ES-24 need additional rate increases around the year 2026 timeframe to maintain adequate working capital and increase net margins, further decreasing rate competitiveness. I. Sensitivity Analysis Results Upon completion of the Study outcomes for each participation and renewable energy content scenario, additional sensitivity cases were examined against the AWG Jurisdictions participation scenario to determine how changes in key inputs affect feasibility outcomes. These sensitivities included: (1) Decreases in power procurement costs; (2) Increases in IOU rate escalation; and (3) Decreases in staffing costs. Each sensitivity was examined individually to determine the point at which the CCA could be feasible. As discussed in more detail in Section II.E.2, Pro Forma Sensitivity Analysis, in order for the CCA to be feasible: xPower procurement costs would have to decrease 40% over the Study forecast, or xPG&E and SCE rates would have to escalate at an additional 4.0% per year above the Study forecast. A staffing cost reduction alone is not expected to affect program feasibility. Although not examined as part of this Study, some combination of changes to the Study assumptions could result in a more feasible outcome. Like all feasibility studies, assumptions used herein are based on a forecast of future conditions which may or may not occur. Various market and regulatory drivers may change resulting in different outcomes from those assumed herein. The assumptions used in the Study are reasonable for the purposes of analyzing the feasibility of CCA within the Tri-County Region, but no warranties as to the accuracy of outcomes are implied or should be inferred. Packet Pg 85 1 Abbreviated Technical Review of Community Choice Energy 2017 CITY OF SAN LUIS OBISPO AND UNICORPORATED COUNTY OF SAN LUIS OBISPO PILOT POWER GROUP | 8910 University Center Lane, Suite 520 San Diego, CA 92122 Packet Pg 86 1 1 October 20, 2017 Table of Contents Executive Summary ................................................................................................................................... 2 Model Assumptions .................................................................................................................................. 4 Scenarios ................................................................................................................................................... 4 City of San Luis Obispo .............................................................................................................................. 5 Load Profile and Shape ......................................................................................................................... 6 Scenario 1 – RPS Compliant (Baseline) ................................................................................................. 7 Alternative - RPS Compliant with a Rate Reduction ............................................................................. 8 Simulation Analysis ............................................................................................................................... 9 Scenario 2 – 50% Renewable Energy .................................................................................................. 10 Alternative – 50% Renewable Energy with a Rate Reduction ............................................................ 10 Simulation Analysis ............................................................................................................................. 11 Unincorporated County of San Luis Obispo ............................................................................................ 12 Load Profile and Shape ....................................................................................................................... 13 Scenario 1 – RPS Compliant (Baseline) ............................................................................................... 14 Alternative - RPS Compliant with a Rate Reduction ........................................................................... 15 Simulation Analysis ............................................................................................................................. 16 Scenario 2 – 50% Renewable Energy .................................................................................................. 17 Alternative – 50% Renewable Energy with a Rate Reduction ............................................................ 17 Simulation Analysis ............................................................................................................................. 18 City and Unincorporated County of San Luis Obispo, combined ............................................................ 19 Scenario 1 – RPS Compliant (Baseline) ............................................................................................... 20 Scenario 1 Alternative - RPS Compliant with a Rate Reduction .......................................................... 21 Simulation Analysis ............................................................................................................................. 21 Scenario 2 – 50% Renewable Energy .................................................................................................. 22 Alternative – 50% Renewable Energy with a Rate Reduction ............................................................ 22 Simulation Analysis ............................................................................................................................. 23 Glossary of Terms.................................................................................................................................... 24 Packet Pg 87 1 2 October 20, 2017 Executive Summary California Community Choice Energy (CCE) laws and regulations allow cities and counties to procure electricity for their residents, businesses and municipal facilities. A CCE program provides citizens with an alternative to a single monopoly electric supplier and local control over a number of key electric procurement related choices. The local control can result in rate savings, cleaner energy, local economic development, customized programming, and many other community-based possibilities. Adopted in 2002, California Assembly Bill 117 (AB 117), as later supplemented in 2011 by California Senate Bill 790, provides the broad framework under which CCE operates. Under AB 117, local governments procure electricity for retail customers aggregated within their boundaries, while the investor-owned utility (IOU) continues to provide transmission, distribution, metering, billing, payment collection, customer care, and other services. When a CCE is ready to begin service to customers, all of the CCE jurisdictional customers are automatically enrolled in the CCE electric procurement service. Any customer who prefers to continue to receive procurement service from the IOU may, without penalty, opt-out of the CCE. Because the CCE is now procuring electricity for the CCE customer, the charge for the CCE electric procurement appears on the IOU bill, along with an additional charge called the Power Charge Indifference Adjustment (PCIA). The PCIA is imposed on CCE customers to ensure that customers opting out of CCE service are not financially impacted by the formation and operation of the CCE. Since Marin Clean Energy launched in 2010, seven additional CCE programs have become operational. About half a dozen CCE programs are very close to launching, and much more are under serious consideration. Nearly all of the operational, and most of the planned, CCE programs are multi- jurisdictional joint powers authorities. The City of Lancaster has, however, operated a single-jurisdiction CCE for almost three years, and plans for other single-jurisdiction CCE programs are currently underway. This abbreviated technical review is provided to the County of San Luis Obispo (SLO County) and the City of San Luis Obispo (SLO City) as a preliminary evaluation of the financial viability of establishing a CCE program. However, this review is by no means a complete analysis of a CCE. If SLO County, SLO City or both elect to take the next steps in moving forward with establishing a CCE, it is strongly encouraged that a full technical analysis and review be completed by a management consulting firm to determine the feasibility of establishing a CCE. There are several initial assumptions used in the “baseline” feasibility model. These assumptions include an uncollected factor of 0.25%; the opt-out rate of 20%; and renewable purchase to follow the standard RPS schedule. There is no consideration is made for rate stabilization fund, project and programming fund, or accounting for debt service. These items would have to come out of available headroom and are specific to each CCE structure. It is best to establish a “baseline” and make adjustments to the model from the baseline. This way one can identify the impact of making a change to the model. The review evaluates the financial viability of a City, County and Combined CCE program by: • Forecasting the electricity load requirements and potential customers by class; • Estimating the costs of procuring the electric supply; Packet Pg 88 1 3 October 20, 2017 • Estimating the costs of administering the CCE program; • Evaluating the impact of changes to the review assumptions on the projected feasibility outcomes by completing two scenarios based on the renewable content and customer rate reduction. Two (2) scenarios were completed for each jurisdiction, identifying the possible headroom available to the CCE: • Scenario 1 – Renewable Portfolio Standard (RPS) Compliant • Scenario 2 - 50% Renewable Energy A summary of the results of the expected outcomes and sensitivity analysis is outlined below: The results of the feasibility model provided positive headroom for all years, for all scenarios and jurisdictions. In Scenario 1 the most headroom is made available for the CCE. This scenario, in all jurisdictions, provides the minimum renewable energy needed to remain compliant with the RPS rules outlined by the California Public Utilities Commission (CPUC). The CCE portfolio content will have 29% renewable energy beginning in 2018 and will increase by 2% each and every year there afterward. Scenario 1 assumes as close to what the IOU’s renewable energy portfolio would be over a ten-year period. The primary difference between the County results and the City results is the size of load and number of accounts. The County energy load is much larger than the City energy load, with the largest contributors being large commercial and agriculture making up approximately 43.3% of the overall load. Whereas, the City energy load is relatively evenly split between residential, small, medium and large commercial customer. In Scenario 2, there was positive headroom for all years and for all jurisdictions. However, as expected, the headroom has decreased due to the higher percentage of renewable energy in the portfolio, increasing to 50% for all years. The cost of renewable energy is purchased at a premium to the cost of system energy. However, the CCE still have available headroom and would be rate competitive with the IOU. Year Criteria Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 Probability Revenue is > $0.00 76%65%63%48%67%51% Expected Revenue*$1,615,225 $854,189 $2,285,884 $198,967 $3,908,504 $1,060,548 Certainty Level**45.29% 46.63% 45.46% 46.80% 47.09% 46.67% Probability Revenue is > $0.00 100% 100% 100%99% 100%98% 2018-2022 Expected Revenue $14,093,511 $10,834,614 $27,171,335 $18,248,709 $41,260,248 $29,078,711 Certainty Level 58.69% 58.11% 58.94% 58.77% 59.59% 58.72% Probability Revenue is > $0.00 100% 100% 100% 100% 100% 100% Expected Revenue $34,330,515 $29,331,450 $70,516,335 $56,847,625 $104,815,718 $86,147,916 Certainty Level 87.25% 86.98% 86.62% 87.01% 86.51% 87.61% Potential rate reduction***5.58% 4.77% 4.26% 3.44% 4.62% 3.80% City County County and City *** "Potential rate reduction" provides a rough estimate of annual reduction across all rate classes if all net revenue were applied to reducing rates * "Expected Revenue" indicates the net revenue as predicted by the model ** "Certainty level" indicates probability of net revenue equaling or exceeding the expected model outcome 2018 2018-2027 Packet Pg 89 1 4 October 20, 2017 The certainty level is relatively the same between jurisdictions. However, the certainty level is slightly higher in Scenario 2 versus Scenario 1 due to the higher component of system energy which is more volatile than renewable energy. Although, both renewable energy and system energy is subject to market fluctuation. Model Assumptions The Model has the flexibility to modify multiple assumptions, the Baseline assumptions are highlighted in red. Furthermore, the descriptive statistics are provided on any variable that was allowed to fluctuate during the sensitivity analysis. • Rate Reduction – 0%, unless the scenario requires it • Uncollected Factor – 0.25% • Opt-out Rate – 20%, sensitivity analysis allows opt-out rate to fluctuate using a normal distribution with parameters: mean 20% and standard deviation 2.0% • Renewable Purchase – Standard RPS schedule, unless the scenario requires a specific percentage • GHG Purchase – 0% • Rate Stabilization Fund – 0% • Renewable Category 2 Override – No • Opt-up 100% Renewable Program – 0% • NP15 On Peak – Sensitivity analysis allows on-peak prices to fluctuate using a lognormal distribution with parameters: mean $37.77, the standard deviation of $8.25, and coefficient to NP 15 Off Peak of 0.98. Statistical information based on historical NP 15 On Peak prices between 2009 – 2016. • NP15 Off Peak - Sensitivity analysis allows off-peak prices to fluctuate using a lognormal distribution with parameters: mean $29.50, the standard deviation of $8.16, and coefficient to NP 15 On Peak of 0.98. Statistical information based on historical NP 15 Off Peak prices between 2009 – 2016. Scenarios Two (2) scenarios were completed for SLO City, SLO County, and SLO City and County combined. Each scenario identified the possible headroom available to the CCE. All scenarios consisted of a combination of renewable energy component and some level of rate reduction. • Scenario 1 - RPS Compliant (following the CPUC RPS Compliance Rules) and zero rate reduction are given to customers. This scenario is considered the baseline. • Scenario 2 - 50% Renewable Energy and zero rate reduction given to customers. Packet Pg 90 1 5 October 20, 2017 City of San Luis Obispo Based on historical utility load data provided by Pacific Gas & Electric (PG&E), the total annual load was 271,342 MWh with 22,971 accounts. Direct Access load was removed from the analysis since it is unknown whether a Direct Access customer would elect to participate in the CCE. The consumption between rate class is relatively evenly distributed between small commercial, medium commercial, large commercial, and residential ranging from 51,000 MWh to 79,000 MWh. However, looking at accounts by rate class, the majority of the accounts are residential at 18,764 or 81.7%. Using the data provided, the model increases load and accounts year-over-year by 0.25% and 0.50%, respectively. The growth assumptions were provided by the California Energy Commission (CEC) California Energy Demand Forecast for 2015 – 2025. A baseline opt-out rate of 20% was utilized for all rate classes for all years, resulting in a decrease of overall accounts remaining in the CCE. Although other CCEs has experienced lower opt-out rates, it is believed 20% is a conservative case to use in the feasibility analysis. The sensitivity analysis does allow the opt-out rate to fluctuate between 15% and 25%. At launch, following the increases in load and accounts by 2018, there would be ~18,543 accounts remaining in the CCE. The annual retail load associated with the accounts remaining would be ~219,406 MWh in the first year of the CCE, but would marginally increase year-over-year due to increased customer accounts and load. The total CAISO required load would be ~231,935 in the first year, the delta between retail load and CAISO load is considered the energy waste resulting from the transmission of electrical energy across power lines or line losses. Customer Accounts 2018 2019 2020 2021 2022 2023 Residential 15,124 15,162 15,200 15,238 15,276 15,314 Small Commercial 2,898 2,905 2,912 2,919 2,927 2,934 Medium Comercial 244 244 244 244 244 244 Large Commercial 110 110 110 110 110 110 Agricultural 8 8 8 8 8 8 Lighting 160 160 160 160 160 160 Total Accounts 18,543 18,588 18,634 18,679 18,724 18,770 Customer Load (MWh)2018 2019 2020 2021 2022 2023 Residential 64,067 64,388 64,709 65,033 65,358 65,685 Small Commercial 49,746 49,995 50,245 50,496 50,748 51,002 Medium Comercial 41,489 41,696 41,905 42,114 42,325 42,536 Large Commercial 64,276 64,597 64,920 65,245 65,571 65,899 Agricultural 100 100 100 100 100 100 Lighting 821 821 821 821 821 821 Total Retail Load (MWh)219,406 220,499 221,597 222,700 223,809 224,923 Total CAISO Load (MWh)231,935 233,090 234,250 235,417 236,589 237,767 Rate Class Bundled Accounts Rate Class Percentage AGRICULTURE 10 0.0% LARGE COMMERCIAL 137 0.6% MEDIUM COMMERCIAL 305 1.3% OUTDOOR LIGHTING 160 0.7% RESIDENTIAL 18,764 81.7% SMALL COMMERCIAL 3,595 15.7% Total 22,971 100.0% Rate Class Annual MWh Rate Class Percentage AGRICULTURE 125 0.0% LARGE COMMERCIAL 79,152 29.2% MEDIUM COMMERCIAL 51,091 18.8% OUTDOOR LIGHTING 821 0.3% RESIDENTIAL 78,895 29.1% SMALL COMMERCIAL 61,259 22.6% Total 271,342 100.0% Packet Pg 91 1 6 October 20, 2017 Load Profile and Shape It is the responsibility of the CCE to procure energy and related services. Forecasting, profiling, and risk management are the primary tasks conducted for energy procurement. In doing so, one must evaluate the load data provided by the utility. Using data provided by PG&E, we are able to illustrate the forecasted hourly load shape by month. The Forecasted Hourly Shape graph demonstrates the expected load consumed in each hour over a 24-hour period by month. As expected, there is a higher demand for energy during the peak demand over a day. Furthermore, we are able to illustrate the forecasted total monthly load over the calendar year. As expected, there is a higher expected consumption during the winter months due to shorter daylight hours. Packet Pg 92 1 7 October 20, 2017 Finally, we are able to illustrate the forecasted on-peak and off-peak block shape by month. This information is vital when purchasing block energy from the wholesale market. Scenario 1 – RPS Compliant (Baseline) The RPS Compliant or baseline scenario would demonstrate the profitability of the CCE if it followed the minimum RPS requirement outlined by the CPUC. In the CCE Revenue and Expense charge, each colored section represents the fees associated with a CCE. The purple section is the net CCE revenue or headroom off the CCE. The largest expense associated with a CCE is power supply costs, identified in the red section. The blue section represents non-bypassable charges, which are fees associated with the PG&E and include, but limited to, franchise fees, PCIA charges, and DWR Bond fees. The non- bypassable charges are forecasted to decline with the elimination of the bond fee, and the cost of PG&E’s resources is increasing. However, if prices decline further, that would have upward pressure on the PCIA charges, putting pressure on headroom for the CCE. In the simulation analysis, the PCIA is allowed to fluctuate due to changes in the market prices. Finally, the green section represents O&M fees associated with running a CCE. As no structure has been outlined Packet Pg 93 1 8 October 20, 2017 by the county or city, an average of cost was applied similarly to the administrative costs associated with Sonoma Clean Power and Marin County Energy. The CCE Headroom chart provides a closer view of the forecasted year-over-year annual headroom for the CCE. The red line is the cumulative CCE headroom over the ten-year period. Alternative - RPS Compliant with a Rate Reduction As an alternative to Scenario 1, any available headroom could be applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 5.58% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $88.91 per annum over a ten-year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Packet Pg 94 1 9 October 20, 2017 Simulation Analysis Compared with many other CCA feasibility studies, this abbreviated study takes a modified approach to sensitivity analysis, instead of the conventional low-medium-high approach, this study utilizes a Monte Carlo simulation to determine a range of values and probabilities. The Monte Carlo simulation randomly generates a range of values for the assumption that has been pre-defined. The inputs feed into defined forecast cells, providing a range of possible outcomes, which are expressed as a distribution graph. The distribution can be used to provide an estimate of the probability or certainty of a particular outcome. Pilot considers this approach to provide a more accurate and meaningful analysis. For the sensitivity, three periods of cumulative CCE headroom are highlighted in the analysis: year 2018, years 2018-2022, and years 2018-2027. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 45.29%. The modeled expected headroom is $1,615,225, with a mean of $1,334,612 and a median of $1,402,297. The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $14,093,511 is 58.69%, with a mean of $14,947,479 and a median of $15,059,219. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $34,330,315 is 87.25%, with a mean of $42,904,220 and a median of $43,084,122. Packet Pg 95 1 10 October 20, 2017 Scenario 2 – 50% Renewable Energy In the second scenario, the renewable component has increased to 50% exceeding the RPS requirements outlined by the CPUC. There is no rate reduction applied in this scenario. Under the higher renewable energy scenario, the headroom for the CCE falls by ~$761,000 each year. The lower headroom is due to the cost or premium paid to purchase additional renewable energy over and above the RPS compliance requirement. Alternative – 50% Renewable Energy with a Rate Reduction As an alternative in Scenario 2, any available headroom could be applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 4.77% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $76.68 per annum over a ten-year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Packet Pg 96 1 11 October 20, 2017 Simulation Analysis We performed a sensitivity analysis on multiple variables that are key to determine a probability of a specific outcome, in this case, forecasted headroom. Using a statistical modeling simulation software, we were able to derive probabilistic frequency curves. These curves are formulated by running thousands of trials of the model which allow the key variables to fluctuate based on specific parameters. For the sensitivity, again three periods of cumulative CCE headroom are highlighted in the analysis: year 2018, years 2018-2022, and years 2018-2027. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 46.63%. The modeled expected headroom is $854,189, with a mean of $617,382 and a median of $707,329. The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $10,834,614 is 58.11%, with a mean of $11,690,356 and a median of $11,686,958. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $29,331,450 is 86.98%, with a mean of $37,866,887 and a median of $37,893,785. Packet Pg 97 1 12 October 20, 2017 Unincorporated County of San Luis Obispo Based on historical utility load data provided by PG&E, the total annual load was 745,275 MWh with 58,801 accounts. Direct Access load was removed from the analysis since it is unknown whether a Direct Access customer would elect to participate in the CCE. As expected, the consumption between rate classes would vary from the City data. Large commercial and agricultural load is taking a larger segment of consumption at 25.9% and 17.4%, respectively, followed by residential customer load at 36.9%. However, looking at accounts by rate class, the majority of the accounts are residential at 48,676 or 82.8%. Using the data provided, the model increases load and account year-over-year by 0.25% and 0.50%, respectively. The growth assumptions were provided by the California Energy Commission (CEC) California Energy Demand Forecast for 2015 – 2025. A baseline opt-out rate of 20% was utilized for all rate classes for all years, resulting in a decrease overall accounts remaining in the CCE. Other CCEs has experienced lower opt-out rates. However, it is believed 20% is a conservative case to use in the feasibility analysis. The sensitivity analysis does allow the opt-out rate to fluctuate between 15% and 25%. At launch following the increases in load and accounts by 2018, there would be ~47,477 accounts remaining in the CCE. The annual retail load associated with the accounts remaining would be ~601,400 MWh in the first year of the CCE, but would marginally increase year-over-year due to increased customer accounts and load. The total CAISO required load would be ~636,013 in the first year, the delta between retail load and CAISO load is considered line loss. Line loss is energy waste resulting from the transmission of electrical energy across power lines. Customer Accounts 2018 2019 2020 2021 2022 2023 Residential 39,234 39,332 39,430 39,529 39,627 39,726 Small Commercial 5,091 5,104 5,116 5,129 5,142 5,155 Medium Comercial 244 244 244 244 244 244 Large Commercial 170 170 170 170 170 170 Agricultural 2,214 2,214 2,214 2,214 2,214 2,214 Lighting 525 525 525 525 525 525 Total Accounts 47,477 47,587 47,698 47,810 47,921 48,033 Rate Class Bundled Accounts Rate Class Percentage AGRICULTURE 2,767 4.7% LARGE COMMERCIAL 212 0.4% MEDIUM COMMERCIAL 305 0.5% OUTDOOR LIGHTING 525 0.9% RESIDENTIAL 48,676 82.8% SMALL COMMERCIAL 6,316 10.7% Total 58,801 100.0% Rate Class Annual MWh Rate Class Percentage AGRICULTURE 129,855 17.4% LARGE COMMERCIAL 193,117 25.9% MEDIUM COMMERCIAL 59,149 7.9% OUTDOOR LIGHTING 1,272 0.2% RESIDENTIAL 275,069 36.9% SMALL COMMERCIAL 86,813 11.6% Total 745,275 100.0% Customer Load (MWh)2018 2019 2020 2021 2022 2023 Residential 223,372 224,489 225,612 226,740 227,873 229,013 Small Commercial 70,498 70,850 71,204 71,560 71,918 72,278 Medium Comercial 48,033 48,273 48,514 48,757 49,001 49,246 Large Commercial 156,823 157,607 158,395 159,187 159,983 160,783 Agricultural 103,884 103,884 103,884 103,884 103,884 103,884 Lighting 1,272 1,272 1,272 1,272 1,272 1,272 Total Retail Load (MWh)601,400 603,881 606,375 608,881 611,400 613,931 Total CAISO Load (MWh)636,013 638,639 641,279 643,931 646,597 649,276 Packet Pg 98 1 13 October 20, 2017 Load Profile and Shape It is the responsibility of the CCE to procure energy and related services. Forecasting, profiling, and risk management are the primary tasks conducted for energy procurement. In doing so, one must evaluate the load data provided by the utility. Using data provided by PG&E, we are able to illustrate the forecasted hourly load shape by month. The Forecasted Hourly Shape graph demonstrates the expected load consumed in each hour over a 24-hour period by month. As expected, there is a higher demand for energy during the peak demand over a day. Furthermore, we are able to illustrate the forecasted total monthly load over the calendar year. As expected, there is a higher expected consumption during the winter months due to shorter daylight hours. As well as, higher expected consumption during the summer months, possibly due to A/C usage in the inland region. Packet Pg 99 1 14 October 20, 2017 Finally, we are able to illustrate the forecasted on-peak and off-peak block shape by month. This information is vital when purchasing block energy from the wholesale market. Scenario 1 – RPS Compliant (Baseline) The RPS Compliant or baseline scenario demonstrates the profitability of the CCE if it only followed the minimum RPS requirement outlined by the CPUC. In the CCE Revenue and Expense charge, each colored section represents the fees associated with a CCE. The purple section is the net CCE revenue or headroom off the CCE. The largest expense associated with a CCE is power supply costs, identified in the red section. The blue section represents non-bypassable charges, which are fees associated with the PG&E and include, but limited to, franchise fees, PCIA charges, and DWR Bond fees. The non-bypassable charges are forecasted to decline with the elimination of the bond fee, and the cost of PG&E’s resources is increasing. However, if prices decline further, that would have upward pressure on the PCIA charges, putting pressure on headroom for the CCE. In the simulation analysis, the PCIA is allowed to fluctuate due to changes in the market prices. Finally, the green section represents O&M fees associated with running a CCE. As no structure has been outlined by the county or city, an average of cost was applied similarly to the administrative costs associated with Sonoma Clean Power and Marin County Energy. Packet Pg 100 1 15 October 20, 2017 The CCE Headroom chart illustrates a closer view of the forecasted year-over-year annual headroom for the CCE. The red line is the cumulative CCE headroom. Alternative - RPS Compliant with a Rate Reduction As an alternative to Scenario 1, any available headroom could be applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 4.26% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $67.36 per annum over a ten-year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Packet Pg 101 1 16 October 20, 2017 Simulation Analysis We performed a sensitivity analysis on multiple variables that are key to determine a probability of a specific outcome, in this case, forecasted headroom. Using a statistical modeling simulation software, we were able to derive probabilistic frequency curves. These curves are formulated by running thousands of trials of the model which allow the key variables to fluctuate based on specific parameters. For the sensitivity, again three periods of cumulative CCE headroom are highlighted in the analysis: year 2018, years 2018-2022, and years 2018-2027. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 45.46%. The modeled expected headroom is $2,285,884, with a mean of $1,447,631 and a median of $1,709,989. The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $27,171,335 is 58.94%, with a mean of $29,629,721 and a median of $29,633,252. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $70,516,335 is 86.62%, with a mean of $93,924,794 and a median of $94,947,213. Packet Pg 102 1 17 October 20, 2017 Scenario 2 – 50% Renewable Energy In Scenario 2, the renewable component has increased to 50% exceeding the RPS requirements outlined by the CPUC. There is no rate reduction applied in this scenario. Under the higher renewable energy scenario, the headroom for the CCE falls by ~$2,090,000 each year. The lower headroom is due to the cost or premium paid to purchase additional renewable energy than the RPS compliance requirement. Alternative – 50% Renewable Energy with a Rate Reduction As an alternative to Scenario 2, any available headroom is applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 4.26% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $55.13 per annum over a ten- year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Packet Pg 103 1 18 October 20, 2017 Simulation Analysis We performed a sensitivity analysis on multiple variables that are key to determine a probability of a specific outcome, in this case, forecasted headroom. Using a statistical modeling simulation software, we were able to derive probabilistic frequency curves. These curves are formulated by running thousands of trials of the model which allow the key variables to fluctuate based on specific parameters. For the sensitivity, again three periods of cumulative CCE headroom are highlighted in the analysis: year 2018, years 2018-2022, and years 2018-2027. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 46.80%. The modeled expected headroom is $198,967, with a mean of ($508,772) and a median of ($236,488). The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $18,248,709 is 58.77%, with a mean of $20,470,588 and a median of $20,812,001. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $56,847,625 is 87.01%, with a mean of $80,311,648 and a median of $80,636,845. Packet Pg 104 1 19 October 20, 2017 City and Unincorporated County of San Luis Obispo, combined Finally, based on historical utility load data provided by PG&E, the total annual load was 1,016,617 MWh with 81,772 accounts. Direct Access load was removed from the analysis since it is unknown whether a Direct Access customer would elect to participate in the CCE. As expected, the consumption between rate classes from the Combined data varies from the segregated City and County datasets. Large commercial and residential load is taking a larger segment of consumption at 26.8% and 34.8%, respectively, followed by agriculture load at 17.4%. However, looking at accounts by rate class, the majority of the accounts are residential at 67,440 or 82.5%. Using the data provided, the model increases load and account year-over-year by 0.25% and 0.50%, respectively. The growth assumptions were provided by the California Energy Commission (CEC) California Energy Demand Forecast for 2015 – 2025. A baseline opt-out rate of 20% was utilized for all rate classes for all years, resulting in a decrease of overall accounts remaining in the CCE. Other CCEs have experienced lower opt-out rates. However, it is believed 20% is a conservative case to use in the feasibility analysis. The sensitivity analysis does allow the opt-out rate to fluctuate between 15% and 25%. At launch following the increases in load and accounts by 2018, there would be ~66,020 accounts remaining in the CCE. The annual retail load associated with the accounts remaining would be ~820,807 MWh in the first year of the CCE, but would marginally increase year-over-year due to increased customer accounts and load. The total CAISO required load would be ~867,948 in the first year, the delta between retail load and Rate Class Annual MWh Rate Class Percentage AGRICULTURE 129,980 12.8% LARGE COMMERCIAL 272,269 26.8% MEDIUM COMMERCIAL 110,240 10.8% OUTDOOR LIGHTING 2,093 0.2% RESIDENTIAL 353,963 34.8% SMALL COMMERCIAL 148,072 14.6% Total 1,016,617 100.0% Rate Class Bundled Accounts Rate Class Percentage AGRICULTURE 2,777 3.4% LARGE COMMERCIAL 349 0.4% MEDIUM COMMERCIAL 610 0.7% OUTDOOR LIGHTING 685 0.8% RESIDENTIAL 67,440 82.5% SMALL COMMERCIAL 9,911 12.1% Total 81,772 100.0% Customer Load (MWh)2018 2019 2020 2021 2022 2023 Residential 287,440 288,877 290,321 291,773 293,232 294,698 Small Commercial 120,243 120,845 121,449 122,056 122,666 123,280 Medium Comercial 89,521 89,969 90,419 90,871 91,325 91,782 Large Commercial 221,098 222,204 223,315 224,432 225,554 226,681 Agricultural 103,984 103,984 103,984 103,984 103,984 103,984 Lighting 2,093 2,093 2,093 2,093 2,093 2,093 Total Retail Load (MWh)820,807 824,380 827,972 831,581 835,209 838,854 Total CAISO Load (MWh)867,948 871,730 875,530 879,349 883,187 887,045 Customer Accounts 2018 2019 2020 2021 2022 2023 Residential 54,358 54,494 54,630 54,766 54,903 55,041 Small Commercial 7,988 8,008 8,028 8,048 8,069 8,089 Medium Comercial 488 488 488 488 488 488 Large Commercial 279 279 279 279 279 279 Agricultural 2,222 2,222 2,222 2,222 2,222 2,222 Lighting 685 685 685 685 685 685 Total Accounts 66,020 66,176 66,332 66,489 66,646 66,803 Packet Pg 105 1 20 October 20, 2017 CAISO load is considered line loss. Line loss is energy waste resulting from the transmission of electrical energy across power lines. Scenario 1 – RPS Compliant (Baseline) The RPS Compliant or baseline scenario demonstrates the profitability of the CCE if it only followed the minimum RPS requirement outlined by the CPUC. In the CCE Revenue and Expense charge, each colored section represents the fees associated with a CCE. The purple section is the net CCE revenue or headroom off the CCE. The largest expense associated with a CCE is power supply costs, identified in the red section. The blue section represents non- bypassable charges, which are fees associated with the PG&E and include, but limited to, franchise fees, PCIA charges, and DWR Bond fees. The non-bypassable charges are forecasted to decline with the elimination of the bond fee, and the cost of PG&E’s resources is increasing. However, if prices decline further, that would have upward pressure on the PCIA charges, putting pressure on headroom for the CCE. In the simulation analysis, the PCIA is allowed to fluctuate due to changes in the market prices. Finally, the green section represents O&M fees associated with running a CCE. As no structure, has been outlined by the county or city, an average of cost was applied similarly to the administrative costs associated with Sonoma Clean Power and Marin County Energy. The CCE Headroom chart illustrates a closer view of the forecasted year-over-year annual headroom for the CCE. The red line is the cumulative CCE headroom. Packet Pg 106 1 21 October 20, 2017 Alternative - RPS Compliant with a Rate Reduction As an alternative to Scenario 1, any available headroom is applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 4.62% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $73.11 per annum over a ten-year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Simulation Analysis We performed a sensitivity analysis on multiple variables that are key to determine a probability of a specific outcome, in this case, forecasted headroom. Using a statistical modeling simulation software, we were able to derive probabilistic frequency curves. These curves are formulated by running thousands of trials of the model which allow the key variables to fluctuate based on specific parameters. Again, we focused on three outcomes: 2018 headroom, 2018-2022 cumulative headroom, and 2018-2027 cumulative headroom. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 47.09%. The modeled expected headroom is $3,908,504, with a mean of $3,009,003 and a median of $3,427,841. The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $41,260,248 is 59.59%, with a mean of $44,588,691 and a median of $44,826,288. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $86,147,916 is 87.61%, with a mean of $136,352,526 and a median of $137,544,563. Packet Pg 107 1 22 October 20, 2017 Scenario 2 – 50% Renewable Energy In the third scenario, the renewable component has increased to 50% exceeding the RPS requirements outlined by the CPUC. There is no rate reduction applied in this scenario. Under the higher renewable energy scenario, the headroom for the CCE falls by ~$2,850,000 each year. The lower headroom is due to the cost or premium paid to purchase additional renewable energy than the RPS compliance requirement. Alternative – 50% Renewable Energy with a Rate Reduction As an alternative to Scenario 2, any available headroom is applied as a rate reduction over a 10-year period. When applying the available headroom as a rate reduction, the CCE will have zero ($0) at the end of the 10 years. This provides an average rate reduction of 3.80% over the 10 years. When comparing a customer’s monthly billing, the rate reduction lowers the monthly bill by an average of $60.88 per annum over a ten- year period. The chart illustrates the average monthly invoice, across all rate classes and a consumption of 500 kWh per month and a delivery rate of $0.1394 per kWh. Packet Pg 108 1 23 October 20, 2017 Simulation Analysis We performed a sensitivity analysis on multiple variables that are key to determine a probability of a specific outcome, in this case, forecasted headroom. Using a statistical modeling simulation software, we were able to derive probabilistic frequency curves. These curves are formulated by running thousands of trials of the model which allow the key variables to fluctuate based on specific parameters. Again, we focused on three outcomes: 2018 headroom, 2018-2022 cumulative headroom, and 2018-2027 cumulative headroom. Allowing variables such as opt-out rates and forward prices on system generation to fluctuate, the probability of 2018 City CCE headroom to be greater than the expected outcome is 46.67%. The modeled expected headroom is $1,060,548, with a mean of $52,607 and a median of $473,368. The probability of the City 2018-2022 CCE headroom to be greater than the modeled expected outcome of $29,078,711 is 58.72%, with a mean of $32,098,164 and a median of $32,303,954. Finally, the probability of the City CCE 2018-2027 headroom to be greater than the modeled expected outcome of $86,147,916 is 87.61%, with a mean of $118,194,123 and a median of $118,589,650. Packet Pg 109 1 24 October 20, 2017 Glossary of Terms aMW: Average annual Megawatt. A unit of energy output over a year that is equal to the energy produced by the continuous operation of one megawatt of capacity over a period of time (8,760 megawatt-hours). Basis Difference (Natural Gas): The difference between the price of natural gas at the Henry Hub natural gas distribution point in Erath, Louisiana, which serves as a central pricing point for natural gas futures, and the natural gas price at another hub location (such as for Southern California). Buckets: Buckets 1-3 refer to different types of renewable energy contracts according to the Renewable Portfolio Standards requirements. Bucket 1 are traditional contracts for delivery of electricity directly from a generator within or immediately connected to California. These are the most valuable and make up the majority of the RECS that are required for LSEs to be RPS compliant. Buckets 2 and 3 have different levels of intermediation between the generation and delivery of the energy from the generating resources. Bundled Customers: Electricity customers who receive all their services (transmission, distribution and supply) from the Investor-Owned Utility. CAISO: The California Independent System Operator. The organization is responsible for managing the electricity grid and system reliability within the former service territories of the three California IOUs. California Energy Commission (CEC): The state regulatory agency with primary responsibility for enforcing the Renewable Portfolio Standards law as well as a number of other, electric-industry related rules and policies. California Public Utilities Commission (CPUC): The state agency with primary responsibility for regulating IOUs, as well as Direct Access (ESP) and CCE entities. Capacity Factor: the ratio of an electricity generating resource’s actual output over a period of time to its potential output if it were possible to operate at full nameplate capacity continuously over the same period. Intermittent renewable resources, like wind and solar, typically have lower capacity factors than traditional fossil fuel plants because the wind and sun do not blow or shine consistently. Category 1: renewable energy and Renewable Energy Certificates (REC’s) from an RPS eligible facility that is directly interconnected to the distribution or transmission grid within California Category 2: renewable energy and REC’s from an RPS eligible facility but cannot be delivered to a California balancing authority without substituting electricity from another source. Category 3: procurement of unbundled RECs only or not meeting the conditions of Category 1 and 2. Category 2 Override: the pro forma model will exchange Category 2 renewables for Category 1 renewables. Climate Zone: A geographic area with distinct climate patterns necessitating varied energy demands for heating and cooling. Coincident Peak: Demand for electricity among a group of customers that coincides with peak total demand on the system. Community Choice Aggregation: Method available through California law to allow Cities and Counties to aggregate their citizens and become their electric generation provider. Packet Pg 110 1 25 October 20, 2017 Community Choice Energy: A City, County or Joint Powers Agency procuring wholesale power to supply to retail customers. Congestion Revenue Rights (CRRs): Financial rights that are allocated to Load Serving Entities to offset differences between the prices where their generation is located and the price that they pay to serve their load. These rights may also be bought and sold through an auction process. CRRs are part of the CAISO market design. Consumption: The use of energy or the amount of energy consumed by an individual or organization. Demand Response (DR): Electric customers who have a contract to modify their electricity usage in response to requests from a utility or other electric entity. Typically, will be used to lower demand during peak energy periods, but may be used to raise demand during periods of excess supply. Direct Access: Large power consumers which have opted to procure their wholesale supply independently of the IOUs through an Electricity Service Provider. DWR Bond Charge: an imposed bond charge to recover Department of Water Resources (DWR) bond costs from bundled customers. EEI (Edison Electric Institute) Agreement: A commonly used enabling agreement for transacting in wholesale power markets. Electric Service Providers (ESP): An alternative to traditional utilities. They provide electric services to retail customers in electricity markets that have opened their retail electricity markets to competition. In California the Direct Access program allows large electricity customers to optout of utility-supplied power in favor of ESP-provided power. However, there is a cap on the amount of Direct Access load permitted in the state. Electric Tariffs: The rates and terms applied to customers by electric utilities. Typically have different tariffs for different classes of customers and possibly for different supply mixes. Enterprise Model: When a City or County establish a CCE by themselves as an enterprise within the municipal government. Federal Tax Incentives: There are two Federal tax incentive programs. The Investment Tax Credit (ITC) provides payments to solar generators. The Production Tax Credit (PTC) provides payments to wind generators. Feed-in Tariff: A tariff that specifies what generators, who are connected to the distribution system, are paid. Forward Prices: Prices for contracts that specify a future delivery date for a commodity or other security. There are active, liquid forward markets for electricity to be delivered at a number of Western electricity trading hubs, including NP15 which corresponds closely to the price location which the City of Davis will pay to supply its load. Implied Heat Rate: A calculation of the day-ahead electric price divided by the day-ahead natural gas price. Implied heat rate is also known as the ‘break-even natural gas market heat rate, because only a natural gas generator with an operating heat rate (measure of unit efficiency) below the implied heat rate value can make money by burning natural gas to generate power. Natural gas plants with a higher operating heat rate cannot make money at the prevailing electricity and natural gas prices. Integrated Resource Plan: A utility's plan for future generation supply needs. Investor-Owned Utility: For profit regulated utilities. Within California there are three IOUs - Packet Pg 111 1 26 October 20, 2017 Pacific Gas and Electric, Southern California Edison and San Diego Gas and Electric. ISDA (International Swaps and Derivatives Association): Popular form of bilateral contract to facilitate wholesale electricity trading. Joint Powers Agency (JPA): A legal entity comprising two or more public entities. The JPA provides a separation of financial and legal responsibility from its member entities. Load Data: Detailed information related to energy consumption by an individual, organization, or community. Load Forecast: A forecast of expected load over some future time horizon. Short-term load forecasts are used to determine what supply sources are needed. Longer-term load forecasts are used for budgeting and long-term resource planning. Marginal Unit: An additional unit of power generation to what is currently being produced. At and electric power plant, the cost to produce a marginal unit is used to determine the cost of increasing power generation at that source. MRTU: CAISO's Market Redesign and Technology Upgrade. The redesigned, nodal (as opposed to zonal) market that went live in April of 2009. Net Energy Metering: The program and rates that pertain to electricity customers who also generate electricity, typically from rooftop solar panels. Non-Coincident Peak: Energy demand by a customer during periods that do not coincide with maximum total system load. Non-Renewable Power: Electricity generated from non-renewable sources or that does not come with a Renewable Energy Credit (REC). NP15: Refers to a wholesale electricity pricing hub - North of Path 15 - which roughly corresponds to PG&E's service territory. Forward and Day-Ahead power contracts for Northern California typically provide for delivery at NP15. It is not a single location, but an aggregate based on the locations of all the generators in the region. Off Peak: time when demand for electricity is low between the hours of 11:00 pm to 6:59 am during the week days and 24 hours during the weekends. On-Bill Repayment (OBR): Allows electric customers to pay for financed improvements such as energy efficiency measures through monthly payments on their electricity bills. On-Peak: time when demand for electricity is high between the hours 7:00 am and 10:59 pm during the weekdays. Operate on the Margin: Operation of a business or resource at the limit of where it is profitable. Opt-Out: Community Choice Aggregation is, by law, an opt-out program. Customers within the borders of a CCE are automatically enrolled within the CCE unless they proactively opt-out of the program. Power Charge Indifference Adjustment (PCIA): A charge applied to customers who leave IOU service to become Direct Access or CCE customers. The charge is meant to compensate the IOU for costs that it has previously incurred to serve those customers. PPA (Power Purchase Agreement): The standard term for bilateral supply contracts in the electricity industry. Rate Stabilization Fund: an amount allocated into a reserve fund to be utilized to offset higher potential higher rates during rate setting. Renewable Energy Credits (RECs): The renewable attributes from RPS-qualified resources which must be registered and retired to comply with RPS standards. Packet Pg 112 1 27 October 20, 2017 Resource Adequacy (RA): The requirement that a Load-Serving Entity own or procure sufficient generating capacity to meet its peak load plus a contingency amount (15 percent in California) for each month. RPS (Renewable Portfolio Standards): The state-based requirement to procure a certain percentage of load from RPS-certified renewable resources. Scheduling Coordinator: An entity that is approved to interact directly with CAISO to schedule load and generation. All CAISO participants must be or have an SC. Scheduling Agent: A person or service that forecasts and monitors short term system load requirements and meets these demands by scheduling power resource to meet that demand. Spark Spread: The theoretical grow margin of a gas-fired power plant from selling a unit of electricity, having bought the fuel required to produce this unit of electricity. All other costs (capital, operation and maintenance, etc.) must be covered from the spark spread. Supply Stack: Refers to the generators within a region, stacked up according to their marginal cost to supply energy. Renewables are on the bottom of the stack and peaking gas generators on the top. Used to provide insights into how the price of electricity is likely to change as the load changes. Total CAISO Load: the total electricity need to procure from the CAISO taking in consideration for line losses. Line losses is wasted electric energy due to inherent inefficiencies or defects in the distribution or transmission system. Total Retail Load: the total electricity consumed by consumers (residential and commercial) in a given period. Uncollected Factor: a model parameter allocating a percentage of revenue as uncollectable, otherwise considered bad debt. Weather-Adjusted: Normalizing energy use data based on differences in the weather during the time of use. For instance, energy use is expected to be higher on extremely hot days when air conditioning is in higher demand than on days with comfortable temperature. Weather adjustment normalizes for this variation. Wholesale Power: Large amounts of electricity that are bought and sold by utilities and other electric companies in bulk at specific trading hubs. Quantities are measured in MWs, and a standard wholesale contract is for 25 MW for a month during heavy-load or peak hours (7am to 10 pm, Mon-Sat), or light-load or off-peak hours (all the other hours). Packet Pg 113 1 Page intentionally left blank. Packet Pg 114 1 Meeting Date: 12/12/2017 FROM: Greg Hermann, Acting Assistant City Manager Prepared By: Carrie Gallagher, City Clerk SUBJECT: VICE MAYOR APPOINTMENT FOR 2018 RECOMMENDATION Appoint Council Member Carlyn Christianson as Vice Mayor to serve a one-year term commencing upon appointment. DISCUSSION Section 408 of the City's Charter requires that the Council elect one of its members to serve in the position of Vice Mayor. Section 3.2 of the Council Policies and Procedures provides that the appointment of the Vice Mayor shall be for a one-year term, that the appointment shall be made on a rotational basis, and that the appointment shall go to the next senior member. This practice ensures that each Council Member will have an opportunity to serve as Vice Mayor during his or her term. Following current Council policy of rotating the Vice Mayor position, and consistent with Council practice over the past ten years, Council Member Christianson is next in line for the opportunity to serve as Vice Mayor. The appointment of Vice Mayor for the prior ten years has been as follows: 1.Council Member Brown 2008 2.Council Member Settle 2009 3.Council Member Carter 2010 4.Council Member Ashbaugh 2011 5.Council Member Carpenter 2012 6.Council Member Smith 2013 7.Council Member Christianson 2014 8.Council Member Ashbaugh 2015 9.Council Member Carpenter 2016 10. Council Member Rivoire 2017 11. Council Member Christianson (Current Recommendation) Looking to the future, the rotation indicates that either Council Member Gomez or Pease will be eligible to serve in 2019. This practice ensures that each Council Member will serve one year of his/her four-year term in the capacity of Vice Mayor. ENVIRONMENTAL REVIEW The recommended actions are not subject to the California Environmental Quality Act as it is not a project as defined under the act. Packet Pg 115 4 FISCAL IMPACT There are no fiscal impacts associated with this recommendation. Packet Pg 116 4 Meeting Date: 12/12/2017 FROM: Greg Hermann, Acting Assistant City Manager Prepared By: Carrie Gallagher, City Clerk Heather Goodwin, Deputy City Clerk SUBJECT: APPOINTMENT TO THE PROMOTIONAL COORDINATING COMMITTEE (PCC) RECOMMENDATION In accordance with the recommendation of the Council Subcommittee: Confirm the appointment of John Thomas to the Promotional Coordinating Committee to complete an unexpired term through March 31, 2019. DISCUSSION Promotional Coordinating Committee (Council Liaison Subcommittee Members (Christianson and Rivoire) Due to the resignation of Patricia Loosley, effective October 1, 2017, an unscheduled vacancy occurred on the Promotional Coordinating Committee. Ms. Loosley’s term would have expired on March 31, 2019. The Council Liaison Subcommittee recommends the appointment of John Thomas, effective December 12, 2017, to a term expiring March 31, 2019. RECRUITMENT Currently, the following Advisory Body has a vacancy and interviews are in the process of being scheduled with the Council Liaison Subcommittee. 1. Planning Commission (1) Interested individuals are encouraged to apply to fill vacancies on the following bodies: 1. Area Agency on Aging (1) 2. Construction Board of Appeals (1 citizen at large and 1 representative with disability) CONCURRENCES The Council Liaison Subcommittee concurs with the recommendation. Packet Pg 117 5 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 new PRC members. AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE A hard copy of the Mr. Thomas’s Advisory Body application has been provided to the City Council and is available for public review in the Clerk’s office. Packet Pg 118 5 San Luis Obispo Page 1 Tuesday, November 21, 2017 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 21, 2017 at 4:00 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting Assistant City Manager; and Carrie Gallagher, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment--- Packet Pg 119 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 2 CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case withheld as it arises out of an administrative proceeding involving a confidential personnel matter pending before the Personnel Board and is otherwise exempt from disclosure per Gov. Code § 54954.5 (c) and under the California Public Records Act. B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code § 54956.9: One case. A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exposing the City to litigation arise out of a confidential personnel matter and therefore are exempt from disclosure pursuant to the California Public Records Act. C. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee Organizations: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Emplo yees: Unrepresented Management Employees Unrepresented Confidential Employees D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Application of Pacific Gas and Electric Company for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, And Recovery of Associated Costs Through Proposed Ratemaking Mechanisms (U39E) A: 16-08- 006 ADJOURNED TO THE REGULAR MEETING OF NOVEMBER 21, 2017 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER Packet Pg 120 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, November 21, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Carlyn Christianson, Aaron Gomez, Andy Pease, Vice Mayor Dan Rivoire, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; Greg Hermann, Acting Assistant City Manager; and Teresa Purrington, Acting City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Christianson led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session Items A, B, C, and D and that the Council was represented by outside Counsel for Items A and B and that there was no city staff in the Closed Session for those items. PRESENTATIONS 1. PROCLAMATION - MAYOR'S MONARCH PLEDGE Mayor Harmon presented a Proclamation to Genevieve and Kimberlee Leroux, declaring the Council’s commitment to help restore the monarch butterflies in the City of San Luis Obispo. 2. PROCLAMATION - NATIONAL HOSPICE PALLIATIVE CARE MONTH Mayor Harmon presented a Proclamation to Gracie Rey, representing Hospice SLO County, proclaiming November 2017 as “National Hospice Palliative Care Month” in the City of San Luis Obispo. Packet Pg 121 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 4 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None ---End of Public Comment--- CONSENT AGENDA ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 3 thru 8. 3. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 4. MINUTES OF OCTOBER 17, 2017 AND NOVEMBER 7, 2017 CARRIED 5-0, to approve the minutes of the City Council meetings of October 17, 2017 and November 7, 2017. 5. ORDINANCE ADOPTION - ESTABLISHING A SPECIAL TAX FOR THE AVILA RANCH COMMUNITY FACILITIES DISTRICT NO. 2017-1 CARRIED 5-0, to adopt Ordinance No. 1642 (2017 Series) 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.” 6. SUPPLEMENTAL EMPLOYEE POLICY AND MINIMUM WAGE INCREASE CARRIED 5-0, to: 1. Adopt the revised Supplemental Employee Policy, formerly the Temporary Employee Policy, and authorize the City Manager to approve future administrative updates; and 2. Adopt Resolution No. 10847 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, establishing and adopting a supplemental employee salary schedule and superseding previous resolutions in conflict” as necessary to comply with California Fair Wage Act of 2016 requiring a minimum wage of $11.00 per hour effective January 1, 2018. 7. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR APPOINTED OFFICIALS’ EVALUATIONS CONSULTANT SPECIFICATION NO. 91636 CARRIED 5-0, to authorize staff to advertise for bids and authorize the City Manager to award the consultant contract to the lowest responsible bid within the contract budget of $17,000. Packet Pg 122 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 5 8. STREETS MAINTENANCE DUMP TRUCK, TRANSFER DUMP TRAILER, AND SWEEPER TRUCK PURCHASE, SPECIFICATION NO. 91589 & 91595 CARRIED 5-0, to: 1. Adopt Resolution No.10848 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving Equipment Lease”; and 2. Approve the lease purchase and authorize the Finance Director to execute a purchase order to Gibbs Truck Centers in the amount of $256,204.06 for one 2018 International HX series heavy duty dump truck outfitted with a Reliance transfer dump set; and 3. Approve the lease purchase and authorize the Finance Director to execute a purchase order to the Sweeper Shop in the amount of $303,052.78 for one 2018 Freightliner M2 heavy duty truck outfitted with a Schwarze M6 Avalanche sweeper unit; and 4. Authorize the City Manager, Finance Director and City Attorney to execute all related documents on behalf of the City to execute a five-year loan agreement not to exceed approved budget; and 5. Authorize the surplus designation of Fleet Asset No. 9713, a 1994 Freightliner heavy duty dump truck, Fleet asset 1102, a 2007 Reliance transfer dump trailer, and Fleet Asset No. 0817, a 2008 International street sweeper truck by sale, auction, trade-in or other method in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Section 405-L and 480. PUBLIC HEARING ITEMS AND BUSINESS ITEMS 9. PUBLIC HEARING - RESOLUTION OF INTENT TO APPLY THE PENDING CAPITAL FACILITIES FEE PROGRAM AND WATER AND WASTEWATER CAPACITY AND CONNECTION FEE PROGRAM TO NEW DEVELOPMENT Community Development Director Codron and Community Development Deputy Director Fowler provided an in-depth staff report and responded to Council questions. Public Comments: Travis Fuentas Dante Angelmo ---End of Public Comment--- ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10849 (2017 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, setting forth intent to apply the pending Capital Facilities Fee Program and Water and Wastewater Capacity and Connection Fee Program to new development” should those projects be issued building permits on or after the publication of the updated development impact fee program. Packet Pg 123 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 6 10. CODE ENFORCEMENT PRIORITIES Community Development Director Codron and Chief Building Official Schneider provided an in-depth staff report and responded to Council questions. Public Comments: Michelle Tasseff ---End of Public Comment--- Receive a presentation, take public testimony, and provide direction to staff regarding: 1. Overall code enforcement priorities to guide the allocation of staff time and other resources in the Building and Safety Division of the Community Development Department (CDD); and 2. Direction regarding the use of enforcement tools - such as recorded notices of violation and increased and new fees and fines - to improve the efficiency and effectiveness of code enforcement activities; and 3. The scope and priority of a Safe Housing Outreach and Education Program for landlords and tenants; and 4. Additional program activities and enhancements to pursue as resources permit. Council supported staff’s recommendation without the voluntary inspections program and self-certification program. Staff to return with Ordinances and/or Resolutions to implement the changes to the code enforcement process and a new fine structure. RECESS Council recessed at 7:55 p.m. and reconvened at 8:00p.m., with all Council Members present. 11. DIABLO CANYON NUCLEAR POWER PLANT- JOINT PROPOSAL PROPOSED DECISION City Manager Johnson provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- Packet Pg 124 7 San Luis Obispo City Council Minutes of November, 21, 2017 Page 7 ACTION: MOTION BY VICE MAYOR RIVOIRE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to receive a report on the Administrative Law Judge’s Proposed Decision for the Joint Proposal to close the Diablo Canyon Nuclear Power Plant and authorize the City to advocate for legislation if necessary to fund the Community Impacts Mitigation Program (CIMP). 12. ORDINANCE INTRODUCTION - AMENDMENT AND READOPTION OF THE CURRENT ELECTION CAMPAIGN REGULATIONS Acting Assistant City Manager and Acting City Clerk Purrington provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment--- ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL MEMBER CHRISTIANSON, CARRIED 5-0 to reaffirm City law by amending and readopting Chapters 2.40.010 through 2.40.140 of the City of San Luis Obispo Municipal Code by Ordinance No. 1643 (2017 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, readopting and amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations.” COUNCIL COMMUNICATIONS AND LIAISON REPORTS Council Liaison Reports received from Council Member Pease, Council Member Christianson, and Mayor Harmon, ADJOURNMENT The Regular City Council Meeting of December 5, 2017 was previously cancelled. The next Regular City Council Meeting is scheduled for Tuesday, December 12, 2017 at 4:00 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa L. Purrington Acting City Clerk APPROVED BY COUNCIL: XX/XX/2017 Packet Pg 125 7 Page intentionally left blank. Packet Pg 126 7 Meeting Date: 12/12/2017 FROM: Michael Codron, Community Development Director Prepared By: David Watson, Contract Planner Diane Dostalek, Senior Civil Engineer SUBJECT: APPROVE CORRECTIONS TO THE ORCUTT AREA SPECIFIC PLAN PARK FEES RECOMMENDATION Adopt a resolution (Attachment C) approving corrections to the Orcutt Area Specific Plan (OASP) park fees. DISCUSSION Background During the adoption of the 2010 Orcutt Area Specific Plan (OASP), a public infrastructure fee program was included to provide for the collection of fees from individual development projects to collectively contribute to a variety of roadway, utility, bicycle and park improvement projects to serve the developing neighborhood. This fee program is referred to as the Public Facilities Financing Plan (PFFP). The park fee component of the PFFP was created to fund the acquisition and development of 16.5 acres of public parklands in four planned public parks to serve the future residents of the OASP. The following list summarizes the parks and recreation projects planned to serve the Project: • Central Neighborhood Park - 12.6 Acres • Pocket Park - 0.5 Acres • Linear Park System - 1.2 Acres • Trail Junction Park – 2.2 Acres A majority of this park acreage is located on what has been referred to as the Righetti Ranch development project (Tract 3063 – Ambient Communities). The adopted OASP recognizes that it would be inequitable to exclusively set aside acreage on Righetti Ranch to serve the entire planning area, and therefore establishes under the PFFP a mechanism to collect fees from other OASP owners to contribute to the land being set aside and acquired on the Righetti site, in -lieu of the other owners putting isolated public parks on each of their individual sites. The City’s current fee structure for the OASP combines the park improvement fee and the parkland acquisition in-lieu fee into a single fee. The 2017/18 fiscal year fee rate is $13,365 for each single-family dwelling unit and $9,834 for each multi-family dwelling unit. The OASP Park fees are due upon building permit issuance. To date, no OASP Park fees have been collected from any developments because no building permits have been issued on the affected properties. The proposed corrections to the OASP park fees not only correct a mathematical error in the calculation of the parkland acquisition in-lieu fee, but also separate out the park improvement fee Packet Pg 127 8 from the parkland acquisition in-lieu fee to accurately track credits due to the Righetti Ranch developers and identify available funding for park construction (park improvement fees). Proposed Corrections to the OASP Park Fees Two (2) corrections to the OASP Park Fees are proposed: 1. Correct and update the in-lieu fees due from non-Righetti developers that are contributing to the lands being set aside on the Righetti Ranch site, under a formula that identifies each property’s parkland acreage needed to support their planned resident populations, and 2. Separate the in-lieu parkland acquisition fee from the park improvement fee to properly track these fees and their use separately. In accordance with the Quimby Act (California Government Code Section 66477) and Section 16.22 of the City’s Municipal Code, a parkland need shall be calculated for each property based on projected populations of each project. Those developments which are not contributing parkland or are not contributing enough parkland, will be required to contribute an “in-lieu” fee representing their fair share of parkland acquisition needs. The fee will be collected from each owner as they develop their properties and be used to reimburse Righetti for their excess land dedications. The in-lieu fee, also referred to as the “Parklands Acquisition Fee”, was designed to reimburse Righetti Ranch for the areas of public parks they have set aside beyond their project’s requirements. The total land value of the OASP parklands was set in 2009 at approximately $6.6 million. Righetti’s required share of parkland dedication is valued at $3.1 million, for which they are not being reimbursed. Righetti is contributing an additional $3.54 million in land for park development to satisfy non-Righetti developer needs, which will be eligible for reimbursement through in-lieu fees paid by those other developers. Table 9 from the November 15, 2016, City Council Update of the PFFP (Attachment A), identifies the property owners required to contribute to the in-lieu fee. There was a mathematical error in Table 9 from 2016 where the in-lieu fee was calculated using gross property acreage rather than projected resident populations. Revised Table 9 (Attachment B) corrects the calculation of the required public parklands needed from each project, and then extrapolates that acreage requirement into an in-lieu fee. The proposed changes to Table 9 are highlighted in red on Attachment B. The Garay property, which is located within the OASP boundaries, can be self-contained with respect to the provision of parkland dedication, and is therefore excluded from the area-wide fee calculations for parkland acquisition in Table 9. Packet Pg 128 8 The 2010 OASP and PFFP established an in-lieu fee base rate for reimbursement purposes of $300,000/acre of public parklands. This base rate reflects the amount to be paid by each owner in proportion to the number of acres they need to serve their resident population. For example, for every 1,000 residents in a project, 10 acres of public parklands is required. The $300,000/acre was a rate negotiated with the Righetti landowners at that time and is not subject to escalation. In the case of the PFFP, one additional nuance was added to the parklands acquisition in-lieu fee calculation that differentiates the per-acre rate of contributions from a smaller sub-set of OASP owners. In the case of the Jones and Pratt properties, these sites were planned to co nvey their total storm water runoff discharges to the drainage basin designed into Righetti, paralleling the railroad tracks. In this manner, Righetti is providing both storm water capacity as well as parklands to serve the Jones and Pratt needs. For this, the rate of contribution per required acre of parklands is increased to $400,000 for the Jones and Pratt properties. This increase in land value for those properties receiving the added benefit of off-site storm water capacity rather than providing on-site stormwater basins was conceived and approved with the establishment of the PFFP and is not proposed for change with these revisions Revised Table 9 (Attachment B) provides more detail as to the factors contributing to the final calculations. The projected population for each property is included, which translates directly into the in-lieu acreage required from each project. Using the $300,000 or $400,000 base valuations and the required acreages described above, those numbers are then divided into th e total in-lieu fees to arrive at a specific in-lieu fee charge per property. Revised Table 9 also allocates these in-lieu fees between the single-family residential (SFR) and multi-family residential (MFR) units planned for each property. Because the anticipated average population from a SFR (2.46 persons) varies from an MFR unit (1.83 persons), the in -lieu fee by unit type is differentiated to properly reflect each unit’s fair share of the total parklands acquisition program. Table 1, below, provides a side-by-side comparison of the existing fees and the corrected fees due from each property, broken down by SFR or MFR unit type. Packet Pg 129 8 Table 1 Parkland In-Lieu Fee 2017/18 Fiscal Year Fee Rates The proposed OASP park fee correction also includes separating out the Parklands Acquisition In-Lieu Fee and the Park Improvement Fee. The 2016 total cost of park improvements, excluding land acquisition, for the four parks is estimated to be just over $6.0 million. This cost was allocated to the residential land uses based on the number of residents served. The 2017/18 fiscal year rate for this equates to $6,717 per single family residential unit and $4,997 for multi -family residential unit. As noted in the OASP, the Righetti Ranch developers are not required to construct the park, only dedicate the land. Therefore, they will not receive credit for the portion of the Park Fee that is allocated to Park Improvement. By separating out the Park Improvement fee from the Parkland Acquisition Fee, staff will be able to better track available funds for constructing the parks. Below is a table showing a comparison of the total existing OASP park fees for the 2017/18 fiscal year, and what the corrected fees would be if Council approves them. Property Existing Parklands Acquisition In-Lieu Fee Existing Per SFR Fee Existing Per MFR Fee Corrected Parklands Acquisition In-Lieu Fee Corrected SFR Fee Corrected MFR Fee Pratt 1 - 024 $212,381 $0 $3,861 $307,132 $0 $5,866 Pratt 2 – 007 $316,640 $0 $3,861 $457,905 $0 $5,866 Taylor-Muick $578,255 $4,604 $3,425 $707,181 $5,914 $4,400 West Creek $888,620 $6,124 $4,555 $816,966 $5,914 $4,400 Anderson $258,236 $0 $3,354 $322,488 $0 $4,400 Evans $271,268 $0 $3,391 $335,053 $0 $4,400 Farrior $36,684 $0 $4,585 $33,505 $0 $4,400 Fiala $45,855 $11,464 $0 $22,520 $5,914 $0 Hall $54,543 $0 $4,958 $46,070 $0 $4,400 Imel $316,158 $18,598 $0 $95,710 $5,914 $0 Jones $561,361 $10,655 $7,927 $395,472 $7,885 $5,866 Totals $3,540,000 $3,540,000 Packet Pg 130 8 Table 2 OASP Park Fee 2017/18 Fiscal Year Fee Rates Existing Corrected OASP Park Fee OASP Parklands Acquisition In-Lieu Fee OASP Park Improvement Fee Total OASP Park Fee Single-Family Unit $13,365 See Table 1 above $6,717 Varies $12,631 to $14,602 Multi-Family Unit $9,834 See Table 1 above $4,997 Varies $9,397 to $10,863 Public Outreach Discussion with affected OASP property owners began earlier this year, when the mathematical error was initially identified. Each of the active development projects participated in meetings with staff to review a corrected Table 9 calculation. This interaction occurred over the first six months of this year. More recently, conversations with the Ambient, West Creek and Mangano development interests have included review of the updated Table and the cost implications that has for their individual projects. Early in September, staff contacted all the affected property owners either by email or letter notifying them of the proposed correction. Follow-up emails or letters were also sent in mid-November to inform the affected property owners of the date of the Council meeting. As of the preparation of this Report, no follow-up questions or concerns have been raised by any of the affected OASP owners. CONCURRENCES The Parks and Recreation Department concurs with the recommended action. ENVIRONMENTAL REVIEW The Orcutt Area Specific Plan (OASP) and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the proposed 2016 PFFP Update, were anticipated as mitigation measures to secure needed infrastructure in supporting orderly growth in the OASP Planning Area. In this case, the corrections to Table 9 are consistent with t hese earlier CEQA determinations and is statutorily exempt pursuant to Section 15273 of the CEQA Guidelines. Therefore, no further environmental review is required. Packet Pg 131 8 FISCAL IMPACT There is no financial impact to the City associated with revising these fees because the project is a correction of a previously approved fee. Acquisition and development of the OASP parks will be funded through fees collected from developers within the Orcutt Area, as outlined in the Orcutt Area Specific Plan. ALTERNATIVES Continue the Proposed Correction to the OASP Park Fees Pending Additional Information Required. Council may elect to continue this item to provide additional clarifications or information needed to render a decision. Should Council elect this alternative, direction should be provided to staff as to the additional information needed. Deny Approval of the Proposed Correction to OASP Park Fees. Council may elect not to approve the corrections if findings are made that the proposed corrections are inconsistent with San Luis Obispo’s Municipal Code, State Law, or the OASP. Denial is not recommended unless required findings are made. Attachments: a - Table 9 from 11-15-16 Council Report b - Revised Table 9 c - Draft Resolution Approving Revisions Packet Pg 132 8 - Existing as of November 2016Packet Pg 1338 Table 9 City of San Luis Obispo Orcutt Area Specific Plan Public Facilities Financing Plan Parkland Acquisition In-Lieu Fee (1) Baseline In-lieu 2010 Share of In-Lieu Fee In-Lieu Fee Property Owner Property Owner Property Projected Acreage Land Value In-lieu Fee Total Per Single-Per Multi- (2010 reference)(2016 reference)Acreage Population (2)Required (3)Per Acre (4)Value (5)In-Lieu Fee (6)Family Unit Family Unit Pratt (1 - 024)Pratt (1 - 024)5.41 101 1.01 400,000$ 9.11%322,631$ $5,866 Pratt (2 - 007)Pratt (2 - 007)5.55 150 1.50 400,000$ 13.59%481,014$ $5,866 Muick Taylor-Muick 11.98 235 2.35 300,000$ 15.94%564,220$ $5,914 $4,400 Midstate Robbins Reed - West Creek 11.75 165 1.65 300,000$ 11.19%396,245$ $5,914 Maddalena Robbins Reed - West Creek 6.66 192 1.92 300,000$ 13.05%461,949$ $4,400 Anderson Anderson 5.35 141 1.41 300,000$ 9.57%338,763$ $4,400 Evans Evans 5.62 146 1.46 300,000$ 9.94%351,961$ $4,400 Farrior Farrior 0.76 15 0.15 300,000$ 0.99%35,196$ $4,400 Fiala Fiala 0.95 10 0.10 300,000$ 0.67%23,656$ $5,914 Hall Hall 1.13 20 0.20 300,000$ 1.37%48,395$ $4,400 Imel Ambient Communities-Righetti Ranch 6.55 42 0.42 300,000$ 2.84%100,540$ $5,914 Jones Ambient Communities-Jones Ranch 11.63 130 1.30 400,000$ 11.74%415,430$ $7,885 $5,866 73.34 1346 13.46 100.00%3,540,000$ (1) Refer to Appendix B in the report for supporting documentation (2) 2.46 persons per Single-Family Residence; 1.83 persons per Multi-Family Residence; Totals Rounded (3) Derivation of acreage based on units and population provided; Generally 1 acre of parks required/100 residents; Refer to 2009 PFFP Appendix B for supporting documentation (4) Allocated contributions for land values per acre are higher for Pratt and Jones as they benefit from storm drainage capacity included with Righetti Ranch basin (5) The 2010 values calculate to a total of $4,630,370. In 2016 the City Council update to the PFFP included setting the total in-lieu fee due Righetti Ranch at $3,540,000. The "Baseline Share" is arrived at by dividing each property's 2010 land value for their required acres by the $4,630,370 calculated value. (6) Total In-lieu Fee due by propertty is set by multiplying the Baseline % against the $3,540,000 value set in 2016. Source: City of San Luis Obispo; Orcutt Area Specific Plan Table A-2 (Final, May 2010); Goodwin Consulting group, Inc. Updated: City of San Luis Obispo; Watson Planning Consultants, Inc. August 24, 2017 PFFP Table 9 revisited 08-24-2017 - 8-24-2017 Current as of: 8/24/2017Packet Pg 134 8 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING CORRECTIONS TO THE ORCUTT AREA SPECIFIC PLAN PARK FEES WHEREAS, in 2010 the City Council adopted the Orcutt Area Specific Plan (OASP) that included a Public Facilities Financing Plan (PFFP) that established a program for providing public parks within the OASP Planning Area; and WHEREAS, the OASP and PFFP established a program of centralizing public parks on the property known as the Righetti Ranch site, for the use and benefit the entire plan area; and WHEREAS, by centralizing parks on one property, the OASP established a program of requiring other owners within the OASP to contribute “in-lieu” fees to cover a fair share contribution to Parklands Acquisition on the Righetti site; and WHEREAS, the 2010 OASP and PFFP set fees for each property within the plan area, and called for the periodic update of those fees; and WHEREAS, in 2016, the City Council updated the PFFP, and following that action an error in the formula for calculating Parklands Acquisition In-Lieu Fees was discovered that did not equitably spread the full cost of in-lieu fee reimbursements over all benefitting OASP properties; and WHEREAS, corrections to the Parklands Acquisition In-Lieu Fee formula to properly allocate those fair share contributions to each benefitting property is appropriate and timely; and WHEREAS, the existing fee structure for the OASP combines both the Parklands Acquisition In -Lieu Fee and the Park Improvement Fee into a single fee, which inhibits the ability to accurately manage fee credits due developers when they dedicate parkland and/or build park improvements within their respective subdivisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Continued Findings. The corrections to the Orcutt Area Specific Plan (OASP) Parklands Fees are based on the City Council making the following continued findings: (A) The purpose for the OASP Parklands Fees are to establish an equitable method of sharing the costs of (i) acquiring lands for public parks within the OASP, and (ii) providing a mechanism for improvement of those public parks in a manner consistent with the City General Plan, Parks and Recreation Element and the OASP detailed planning policies for the Plan Area. Because there are multiple ownerships within the OASP, locating public parklands in the appropriate locations did not necessarily follow discrete property ownerships, instead placing the burden for providing public parks in areas that were disproportionate to land ownership patterns. Effectively, one property owner (Righetti Ranch) was burdened with providing nearly all the public parklands for the entire Packet Pg 135 8 Resolution No. (2017 Series) Page 2 R _____ OASP. To reconcile the inequity of locating public parks largely on a single site, a program for collecting a fair share of the costs of those lands spread across all OASP owners became the “Parklands Acquisition In-Lieu Fee” due for any and all developing properties within the OASP. Addressing an equitable method for improving these public parks, a fee for the construction of the public parks was codified as the “Parkland Improvement Fee”. (B) The use of the fees is twofold. The “Acquisition Fee” was established to compensate the owners of the Righetti site for public park lands they set aside above and beyond their project’s fair share demands, to provide those additional lands for use by other owners within the OASP area, and to alleviate the land area dedications for parks otherwise required on individual sites, freeing up those areas for residential and/or commercial development in furtherance of the goals of the OASP. The “Improvement Fee” is collected from all developing properties and used by the City to fund the construction of the project improvements. (C) There is a continued need for the improvements and there is a reasonable relationship between the fee and the demand for public parks created by new residential development and the provision of those lands and improvements within the OASP area based on established City policy. Specifically, the OASP establishes 16.5 acres of public parks that are subject to this Fee program, and anticipates another ~4 acres of public park space located within the OASP area. The “Acquisition” and “Improvement” Fees referenced herein and under the OASP are directed at completing the 16.5 acres called for as public parks in the Plan Area. (D) The sources and amounts of funding anticipated to complete the financing of the improvements have been identified and will be deposited into the appropriate account upon receipt and used to fund such improvements. SECTION 2. The modifications to Table 9 of the Public Facilities Financing Plan and Orcutt Area Specific Plan as set forth in Exhibit “A” attached hereto and incorporated herein, are hereby approved. SECTION 3. The Community Development Director is authorized to administer and implement these fees as provided therein. SECTION 4. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. SECTION 5. Environmental Review. The Orcutt Area Specific Plan (OASP) and an associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010. Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the 2016 Update of the PFFP, were anticipated as mitigation measures to secure needed infrastructure in supporting orderly growth in the OASP Planning Area. In this case the corrections to Table 9 are consistent with these earlier CEQA determinations and is statutorily exempt pursuant to Section 15273 of the CEQA Guidelines. Therefore, no further environmental review is required. Packet Pg 136 8 Resolution No. (2017 Series) Page 3 R _____ 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 ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 137 8 Resolution No. (2017 Series) Page 4 R _____ EXHIBIT 1 Packet Pg 1388 Meeting Date: 12/12/2017 FROM: Michael Codron, Community Development Director Prepared By: Diane Dostalek, Senior Civil Engineer SUBJECT: QUITCLAIM DEED FOR EASEMENTS ACROSS THE PROPERTY LOCATED AT 4450 BROAD STREET RECOMMENDATION Adopt a resolution (Attachment F) authorizing the Mayor to execute a quitclaim deed for easements across the property located at 4450 Broad Street. DISCUSSION Background The Airport Business Center project located at 4450 Broad Street is currently under construction. A vicinity map and project layout are shown on Attachment A. A recent title search of the property discovered two existing easements that had not been discovered during previous title searches. These easements were private easements reserved via a parcel map (37 PM 44) and a grant deed (2712 OR 438). The easements were intended to provide access and utilities from Broad Street to a rear parcel which did not have any frontage on Broad Street. The general location of these easements is shown in Attachment B. That rear parcel was eventually developed as Tract 2289 and the City acquired fee title to open space creek Lot 49 of Tract 2289. The creek lot severs the connection between the homes and streets in Tract 2289 and Broad Street, and there was never any intention to retain this access when Tract 2289 and the Airport Business Center properties developed. The developer of Tract 2289 attempted to quitclaim the rights to these easements before the City acquired fee title to Lot 49, (see Attachment C), but that deed did not capture all the easement s that needed to be quitclaimed, so remnant portions remained. The title company has determined that the City became the dominant tenement of these remnant easements by default when the City obtained fee title of Lot 49. One of the Airport Business Center buildings (Building “A”, also known as Building “1”) is being constructed over these easements, so the developer has requested that the City quitclaim its rights to these easements. Attachment D shows these easements in relation to the Airport Business Center project. Resolution No. 5370 (1984 Series) authorizes the Mayor or Vice-Mayor to accept easement dedications on behalf of the City, but there is no corresponding blanket resolution that authorizes the Mayor or Vice-Mayor to quitclaim easements from the City to others. Packet Pg 139 9 Quitclaim Because these easements were never dedicated to the City as public easements, the vacation procedures outlined in the California Streets & Highways Code are not relevant. Instead, a Quitclaim Deed can be used to quitclaim any rights that the City may have to these easements. A draft quitclaim is included as Attachment E. A resolution authorizing the Mayor to sign this quitclaim is included as Attachment F. CONCURRENCES The Public Works Director and the Natural Resources Manager have reviewed the recommendation contained herein finding that the easements have no practical utility for future City purposes, and concur with the recommended action. ENVIRONMENTAL REVIEW Because this quitclaim does not need to follow the procedures of the California Streets & Highways Code, it is not considered a project under CEQA and no environmental review is required. FISCAL IMPACT There is no financial impact to the City associated with quitclaiming this easement. The cost to process the quitclaim has been paid by the applicant. ALTERNATIVES Continue the Quitclaim Item Pending Additional Information Required. Council may elect to continue this item to provide additional clarifications or information needed to render a decision. Should Council elect this alternative, direction should be provided to staff as to the additional information needed. Deny approval of the Quitclaim. Council may choose to deny approval of the Quitclaim. This alternative is not recommended because the easements are not needed and their existence is interfering with the applicant’s ability to develop and finance their project. Attachments: a - Airport Business Center project b - General location of easements c - Original Quitclaim Deed e - New Quitclaim Deed f - Draft Resolution Approving Revisions d - Specific location of easements Packet Pg 140 9 Packet Pg 1419 Packet Pg 1429 Packet Pg 143 9 Packet Pg 144 9 Mail Tax Statements To: SAME AS ABOVE ------------------------------------------------------------------------------------------------------------------------------------- RECORDING REQUESTED BY: First American Title MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: City of San Luis Obispo 919 Palm Street San Luis Obispo Space Above This Line for Recorder’s Use Only QUITCLAIM DEED A.P.N.: Portion of 053-412-004 File No.: 4001-5049228 (LI) The Undersigned Grantor(s) Declare(s): CITY TRANSFER TAX $ DOCUMENTARY TRANSFER TAX $-0- SURVEY MONUMENT FEE $ [ X ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ X ] City of San Luis Obispo, and SURVEY MONUMENT FEE $ FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of San Luis Obispo, a municipal corporation and charter city does hereby remise, release and forever quitclaim to Evitare, LLC, a California limited liability company the following described easements in the City of San Luis Obispo, County of San Luis Obispo, State of California: 20' ACCESS AND P.U.E. EASEMENT AS RESERVED AND SHOWN ON PARCEL MAP CO 80-0153, RECORDED MAY 24, 1985 IN BOOK 37, PAGE 44 OF PARCELS MAPS, OVER THE NORTHWESTERLY 20 FEET OF PARCEL A OF SAID PARCEL MAP; AND THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND PUBLIC UTILITIES OVER THE NORTHWESTERLY 40 FEET OF PARCEL A OF SAID PARCEL MAP AS RESERVED IN GRANT DEED RECORDED MAY 31, 1985 AS INSTRUMENT NO. 29838, BOOK 2712, PAGE 438 OF OFFICIAL RECORDS Packet Pg 145 9 Page 2 of 3 Dated: ________________ The City of San Luis Obispo, a municipal corporation and charter city ___________________________________________ By: Heidi Harmon, Mayor (Authorization - Resolution No. ___________________) Packet Pg 146 9 Page 3 of 3 A.P.N.: Portion of 053-412-004 File No.: 4001-5049228 (LI) STATE OF ____________________ )SS COUNTY OF ____________________ ) On _________________________________, before me, _____________________________________, Notary Public, personally appeared ____________________________________________________________________________________ ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ This area for official notarial seal Packet Pg 147 9 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR EASEMENTS ACROSS THE PROPERTY LOCATED AT 4450 BROAD STREET WHEREAS, as a result of the City acquiring fee title of Lot 49 in Tract 2289, the City became a dominant tenement of several private easements across the property located at 4450 Broad Street (the servient tenement); and WHREAS, the subdivider of Tract 2289 attempted to quitclaim the easements before the City took over fee title, but the quitclaim erroneously omitted several easements; and WHEREAS, the owner of the servient tenement has requested that the City abandon these remaining easements; and WHEREAS, the easements are interfering with the property owner’s ability to develop and finance a project on the servient tenement; and WHEREAS, the easements are not needed for any public purpose; and WHEREAS, abandoning these easements is not subject to the California Streets and Highways Code procedures because they are not public easements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitals are true and correct and incorporated herein by this reference. SECTION 2. The City Council hereby approves and authorizes the Mayor to execute the Quitclaim Deed to quitclaim the City’s interests in the easements across the property located at 4450 Broad Street. SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. Upon motion of _______________________, seconded by ________________________, and on the following roll call vote: AYES: NOES: ABSENT: Packet Pg 148 9 Resolution No. (2017 Series) Page 2 R _____ 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 ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 149 9 Packet Pg 150 9 Packet Pg 151 9 Page intentionally left blank. Packet Pg 152 9 Meeting Date: 12/12/2017 FROM: Carrie Mattingly, Utilities Director Prepared By: Aaron Floyd, Utilities Deputy Director - Water Jennifer Metz, Utilities Projects Manager Mychal Boerman, Water Resources Program Manager SUBJECT: 2017 WATER RESOURCES STATUS REPORT RECOMMENDATION Receive and file the 2017 Water Resources Status Report. DISCUSSION The 2017 Water Resources Status Report (2017 Report; Attachment A) provides an overview and update on the City's water resources. This report covers Water Year 2017; which extends from October 1 through September 30. These reports have been provided to the City Council and community since 1985 and serve to both inform future policy decisions as well as provide historical documentation of water conditions. 2016 Water Year Summary 2017 Water Year Summary Change Total Water Use: 4,731 acre feet 4,975 acre feet +344 acre feet Potable Water Use 4,529 acre feet 4,746 acre feet +217 acre feet Recycled Water Use 202 acre feet 229 acre feet +27 acre feet 2017 Population 46,117 residents 46,724 residents +607 residents Per Capita Demand Per Day (Potable Only) 88 gallons 91 gallons +3 gallons Water Projection Model (as of September 30, 2017) >5 years of supply >5 years of supply - Water Resource Availability: 12,109 acre feet 12,115 acre feet +6 acre feet Salinas & Whale Rock Reservoirs 6,940 acre feet 6,940 acre feet - Nacimiento Reservoir 5,482 acre feet 5,482 acre feet - Recycled Water (from 2016) 187 acre feet 193 acre feet +6 acre feet Siltation (from 2010 to 2060)1 (500) acre feet (500) acre feet - Water Supply Accounting: 12,109 acre feet 12,115 acre feet +6 acre feet Primary Water Supply 2 7,496 acre feet 7,496 acre feet - Reliability Reserve 3 1,209 acre feet 1,225 acre feet +16 acre feet Secondary Water Supply 4 3,404 acre feet 3,394 acre feet -10 acre feet NOTES: 1.Siltation losses at Salinas and Whale Rock Reservoirs are accounted for consistent with General Plan Policy A 4.2.2, The City’s water supply from Nacimiento Reservoir is a contractual supply and would not be reduced by siltation losses. 2.Per General Plan Policy A 5.2.2, primary water supply is the amount of water needed for General Plan build -out using the water use rate established by policy A 5.2.1 (117 gallons per capita per day). 3.Per General Plan Policy A 5.2.3, reliability reserve that is 20 -percent of the water use rate established in Policy A 5.2.1 multiplied by the City’s current population (46,724 in 2017). Packet Pg 153 10 4. Per General Plan Policy A 5.2.4, secondary water supply is the remaining City water supply available after accounting for primary water supply and a reliability reserve. 5. Values are rounded. The 2017 Report was prepared in accordance with the General Plan, Water and Wastewater Management Element, Policy A5.3.1. Highlights from the 2017 Report include: • Beginning in October 2016, the City received abundant rainfall with over 35 inches at San Luis Obispo Reservoir, where average annual rainfall is approximately 25 inches. • In January, the City declared Climate Action a top priority during its major city goal- setting workshop and identified objectives focused on energy efficiency and greenhouse gas reductions within City facilities, such as the City’s Water Treatment Plant and Water Resource Recovery Facility. • In March, the City Council adopted a resolution approving the 2017 Recycled Water Master Plan and authorized staff to negotiate an agreement for delivery of recycled water outside the city limits consistent with policies and findings identified in the General Plan. • In April, Governor Brown issued Executive Order B-40-17 ending the drought state of emergency in California and eliminating the City’s mandated 12 percent water use reduction. • In May, the City became a Groundwater Sustainability Agency over the area of the San Luis Obispo Valley Groundwater Basin that lies beneath and within its jurisdictional boundaries. In that role, the City will work collaboratively with other stakeholders to comply with Sustainable Groundwater Management Act requirements for the entire groundwater basin. • In June, the City Council adopted resolutions to rescind the drought emergency locally. • In September, the City completed its first annual standardized water loss audit as required by the Department of Water Resources. ENVIRONMENTAL REVIEW The 2017 Water Resources Status Report is not a "project" under the California Environmental Quality Act (CEQA), because the action does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378. CONCURRENCES Community Development concurs with the environmental review findings. FISCAL IMPACT There are no fiscal impacts associated with the recommended action. Packet Pg 154 10 Attachments: a - 2017 Water Resources Status Report Packet Pg 155 10 2017 Water Resources Status Report For the Time Period October 1, 2016 through September 30, 2017 Photo Credit: City of San Luis Obispo. PREPARED BY: Jennifer Metz, Utilities Projects Manager Aaron Floyd, Utilities Deputy Director - Water Mychal Boerman, Water Resources Program Manager Salinas Reservoir (2015) Salinas Reservoir (2017) Packet Pg 156 10 City of San Luis Obispo 2017 Water Resources Status Report Page 2 The City’s 2017 Water Resources Status Report includes water production and water consumption data for October 1, 2016 through September 30, 2017 and was prepared in accordance with the General Plan, Water and Wastewater Management Element, Policy A5.3.1. The reporting period corresponds to the Water Year (October 1 through September 30), the 12-month period for which precipitation totals are measured designated by the calendar year in which it ends. This report for Water Year 2017 is organized as follows: I. Drought Declaration Rescinded and Water Policy Update II. Water Supply III. Water Demand IV. Water Resource Availability V. Water Supply Accounting VI. Water Demand Management I. DROUGHT DECLARATION RESCINDED AND WATER POLICY UPDATE Following abundant rainfall this past winter, on April 7, 2017 Governor Brown issued Executive Order B- 40-17 ending the drought state of emergency in California and eliminating the City’s mandated 12 percent water use reduction. The City Council adopted resolutions to rescind the drought emergency locally on June 20, 2017. A 2016 Executive Order (B-37-16), approved by Governor Brown on May 9, 2016, bolsters California’s drought resilience and preparedness by establishing longer-term water conservation measures that include permanent monthly water use reporting, new urban water use targets, reducing system water loss, eliminating clearly wasteful practices, and strengthening urban drought contingency plans. These measures aim to not only reduce immediate water use but to establish a long-term change in the way Californians think about water. What a Difference a Year Makes – For California and San Luis Obispo The California Department of Water Resources Water Year 2017 report, subtitled “What a Difference a Year Makes,” noted that the water year “dramatically illustrated the variability in California’s annual precipitation, ending the state’s 5-year drought and coming in at second place for statewide runoff, behind the wettest year of 1983.” On the hydrologic impacts of a wet 2017, the statewide report states: Many of the hydrologic impacts of California’s prior five-year drought were remedied by the wet conditions. For the first time since 2011, runoff in major river basins exceeded 150 percent of average, in some cases exceeding 200 percent of average. The abundant runoff replenished depleted soil moisture. Depleted surface water storage in most of the state’s major res ervoirs was refilled (excepting Lake Oroville, due to emergency repairs and reconstruction of its spillways). Locally, the City saw its surface water reservoirs recover between January and June of 2017. Since the end of the drought the City has seen a slight increase in overall consumption from 2016 to 2017, from 92 gallons per capita day (gpcd) in Water Year 2016 to 95 gpcd in Water Year 2017. For potable water only, the increase was from 88 gpcd in Water Year 2016 to 91 gpcd in Water Year 2017. This conservation measure that originated with the drought became a permanent requirement under the 2016 Executive Order Packet Pg 157 10 City of San Luis Obispo 2017 Water Resources Status Report Page 3 Water Resiliency Planning The City declared Climate Action a top priority during its January 2017 major city goal-setting workshop and identified objectives focused on energy efficiency and greenhouse gas reductions within City facilities, such as the City’s Water Treatment Plant. The City is in the study phase of an energy efficiency project at the Water Treatment Plant to utilize photovoltaic panels and install a hydropower turbine that would convert the energy in the high-pressure water line from Nacimiento Reservoir into electricity. The electricity generated on-site would offset the Water Treatment Plant’s overall power demand. Concurrently, the energy efficiency project will assess several projects identified in the adopted 2015 Potable Water Master Plan such as: pump efficiencies within plant, the primary disinfection system, water quality in storage tanks, distribution main inter-ties between service zones, and settings of related controls needed for control system (SCADA-Supervisory Control and Data Acquisition) integration. The assessment will make recommendations to replace aging infrastructure in a holistic manner from the surface water source, to the treatment plant, and within the distribution system. Although it is not clear exactly how San Luis Obispo and its watersheds will be affected, climate change will impact future water supplies. To ensure water supply resiliency under worse-case scenarios, the City utilizes a multi-source water supply discussed further in this report, makes conservative water demand projections, and continues to pursue increased water use efficiency, increased water recycling, and groundwater recharge. Formula for Water Resiliency Multi- Source Water Supply Conservative Water Demand Projections Water Use Efficiency Water Recycling Future Ground Water Recharge Water Resiliency 10%32%25% 100%79%78% SALINAS RESERVOIR WHALE ROCK RESERVOIR NACIMIENTO RESERVOIR LOCAL RESERVOIR LEVELS Jan-17 Jun-17 Packet Pg 158 10 City of San Luis Obispo 2017 Water Resources Status Report Page 4 Water Loss Audit Regulation Even the most efficiently managed water systems across the country experience unavoidable water loss from leaks, water main breaks, meter inaccuracies, and a variety of other causes. Despite efforts to minimize water loss, according to the US Environmental Protection Agency, the average water system sees a difference of about 15 percent between water produced and water sold each year. The City is working to reduce both real and apparent water losses. Senate Bill 555, approved by Governor Brown in October 2015, requires retail water suppliers in California with 3,000 or more connections, or an annual water demand of over 3,000 acre-feet, to conduct an annual audit of their distribution system to quantify water loss. The standardized audit must be validated by a certified third party to ensure data accuracy and consistency in reporting. The City submitted its first annual water loss audit to the Department of Water Resources in October 2017 Calendar Year 2016 Water Loss Apparent Losses 102.8 AF Real Losses 412.9 AF Water Losses 515.7 AF Non-revenue water as percent by volume of water supplied 11.7% Non-revenue water as percent by cost of operating system 2.8% By “benchmarking” this data and setting water loss efficiency goals, the City will continue to work to reduce real and apparent water losses by: ✓ Installing a computer system to monitor water system data such as pressure, flow, and tank levels for early detection of abnormalities in the water distribution system. ✓ Replacing aging infrastructure to prevent pipe breaks and leaks. ✓ Implementing a comprehensive meter testing and calibration program to ensure water meters are functioning per manufacturers’ specifications. ✓ Implementing a comprehensive meter replacement strategy to ensure water used at homes and businesses is correctly recorded. ✓ Performing routine billing audits to reduce data handling errors. Sustainable Groundwater Management Act and Formation of a Groundwater Sustainability Agency The Sustainable Groundwater Management Act (SGMA) is a statewide law that empowers local agencies to adopt groundwater management plans that relate to the needs and resources of their communities. Although currently banking its groundwater resources, the City envisions groundwater playing an important role in ensuring continued resiliency in its water supply portfolio. During the 2017 Water Year, the City became a Groundwater Sustainability Agency over the area of the San Luis Obispo Valley Groundwater Basin that lies beneath and within its jurisdictional boundaries. The San Luis Obispo Valley Groundwater Basin “eligible entities” (City, County, Golden State Water Company, Edna Ranch Mutual Water Company-East, Varian Ranch Mutual Water Company, and Edna Valley Growers Mutual Water Company) are all working collaboratively to comply with SGMA requirements for the entire Real Water Loss Leaks in distribution system infrastructure, pipeline breaks, and water tank overflows. + Apparent Water Loss Unauthorized consumption (water theft), water metering inaccuracies, and data handling errors. = Total Water Loss Packet Pg 159 10 City of San Luis Obispo 2017 Water Resources Status Report Page 5 groundwater basin. The GSA structure includes a Groundwater Sustainability Commission which is an advisory body to the City Council and the Board of Supervisors. The Groundwater Sustainability Commission consists of one member from the City Council, one County Supervisor and a representative of each of the identified water companies. The City, County, and eligible entities are required by SGMA to work together to create Groundwater Sustainability Plans by January 31, 2022. II. WATER SUPPLY Per the General Plan Water and Wastewater Management Element, Policy A2.2.1, the City uses multiple water sources to meet its water supply needs. The City has four primary water supply sources including Whale Rock Reservoir, Salinas Reservoir, Nacimiento Reservoir, and supplies recycled water for landscape irrigation and construction water. Groundwater serves as a fifth supplemental source. The supply per source for Water Year 2017 (October 1, 2016 to September 30, 2017) is summarized below. 2017 City Water Supply by Source (Acre Feet) Nacimiento Reservoir Whale Rock Reservoir 2 Recycled Water Salinas Reservoir Groundwater 3 Total City Water Demand 3,383 1,150 229 213 0 4,975 68% 23% 5% 4% 0 % 100% Notes: 1. All values are rounded. 2. Water delivered to Cal Poly State University is excluded from the City’s water demand. 3. Groundwater was not used for potable purposes during the 2017 Water Year. NACIMIENTO RESERVOIR Water deliveries to the City from Nacimiento Reservoir began in January 2011. During the 2017 Water Year, 68 percent of the City’s total water demand was met by Nacimiento Reservoir. San Luis Obispo County operates and maintains the water delivery system from Nacimiento Reservoir to participating agencies (currently the cities of Paso Robles and San Luis Obispo, Atascadero Mutual Water Company, Templeton Community Services District, County Service Area 10A [Cayucos], Santa Margarita Ranch, and Bella Vista Mobile Home Park). The Nacimiento Project Commission provides oversight to project operations, maintenance, and the project budget. The Nacimiento Project Commission is made up of representatives from each of the four agencies’ governing boards and a County Representative who is a member of the County Board of Supervisors which also sits as the Board of Directors for the Flood Control District. Since 2010, San Luis Obispo County Flood Control District, the Nacimiento Regional Water Management Advisory Committee, Monterey County Parks, and Monterey County Water Resources Agency have worked together to plan, advise, and organize a Mussel Prevention Program at Lake Nacimiento. On July 29, 2017, an inspector noticed hundreds of invasive mussels attached to a boat and prevented the owner City of San Luis Obispo Water Supply Sources ✓ Nacimiento Reservoir ✓ Whale Rock Reservoir ✓ Recycled Water ✓ Salinas Reservoir ✓ Groundwater Packet Pg 160 10 City of San Luis Obispo 2017 Water Resources Status Report Page 6 from launching at the Heritage Ranch boat ramp. Inspections are conducted as part of the on-going program. Invasive mussels have not been found in any local San Luis Obispo County lakes to-date, due in part to inspection program efforts, along with responsible boat owners’ prevention efforts. SALINAS & WHALE ROCK RESERVOIRS Prior to receiving water from Nacimiento Reservoir, Salinas and Whale Rock Reservoirs served as the City’s primary water supplies for over 50 years. The City pays the County of San Luis Obispo Flood Control and Water Conservation District (County) to provide oversight, operations, and maintenance of the Salinas Reservoir and related water delivery facilities. The City provides the oversight, operations, and maintenance of the Whale Rock Reservoir for the benefit of the Whale Rock Commission, a joint powers agency made up of Cal Poly State University, California Men’s Colony, and the City. During the 2017 Water Year, the City utilized 1,373-acre feet from Salinas and Whale Rock reservoirs, meeting 27 percent of total City water demand. Safe Annual Yield Update Safe annual yield analyses of available water supply sources are based on rainfall, evaporation, and stream flow experienced during a historical period. Although future conditions are unlikely to occur in the precise sequence and magnitudes as have occurred historically, this technique provides a conservative estimate of the future water supply capability of the existing sources, and provides a tool for observing the impacts of increased temperature, evaporation, and decreased precipitation. In 1988, the City contracted with engineering firm Leedshill-Herkenhoff, Inc., to prepare a detailed analysis of the coordinated operation of Salinas and Whale Rock Reservoirs and create a model to determine the safe annual yield. The report was completed in 1989 and utilized data from 1943 through 1991 including drought periods in 1946-51, 1959-61, and 1976-77. Key assumptions used in the model were that the "controlling drought period" was from 1946 to 1951, that the City only used Whale Rock Reservoir when Salinas Reservoir was below minimum pool or could not meet the City’s monthly demand, and that minimum pool at Salinas and Whale Rock of 400 and 500 acre-feet, respectively. The minimum pool at each lake is the amount of water that must be left in the lake for fishery and habitat resources (in 2017, minimum pool for each lake is 2,000-acre feet). Under those assumptions, the study estimated the City’s total safe annual yield from the two reservoirs to be 9,080 acre-feet per year. In 1991, staff updated the safe annual yield model to examine the impact of the 1986-91 drought and revise the assumptions on the amount of water used from Whale Rock Reservoir each year to more accurately reflect the way the City used that resource. The analysis determined that the 1986-91 drought was the critical drought of record for the two reservoirs. When siltation is included, these revised assumptions resulted in a reduction in the safe annual yield estimate to the 6,940-acre feet recognized today. The most recent drought data is currently being analyzed and peer-reviewed to determine if reductions to the City’s current safe annual yield will be necessary going forward. Reductions are anticipated as the Whale Rock Reservoir Level Gauge. Packet Pg 161 10 City of San Luis Obispo 2017 Water Resources Status Report Page 7 recent drought is now the critical drought of record. Revisiting the safe annual yield model will also consider revision to the assumptions on the amount of water used from Salinas and Whale Rock Reservoirs each year to accurately reflect the way the City uses its available water resources. Spillway Assessment As a result of the spillway failure at Oroville Dam, the Department of Water Resources (DWR) is requiring detailed analyses of dams that have large spillways at high hazard dams. Though there are no known deficiencies in the Whale Rock spillway, in May 2017, the City received a letter from the DWR requesting preparation of a work plan for a comprehensive spillway condition assessment by August 1, 2017. By conducting an analysis of design, current conditions, and underlying or adjacent geology, any deficiencies in the spillway will be identified. If required, corrective action will be planned and projects implemented to ensure the ability of Whale Rock Reservoir’s spillway to function as designed. The Work Plan for Whale Rock Reservoir’s Comprehensive Spillway Condition Assessment was approved in September. The intent of the assessment is to evaluate the ability of the spillway to function as intended during normal operations as well as during a flood event. The tasks listed in the work plan include: • Review of the spillway’s design features using available as-built drawings, design and construction records • Evaluation of the existing conditions of the spillway • Geologic inspection • Evaluation of all inspection and repair records The City’s Utilities Department staff is developing a scope of work for the comprehensive spillway analysis based on the approved Work Plan. The scope of work will be the basis for a request for proposals to identify qualified consultants to perform the spillway analysis. Pipeline Reliability Analysis The 18-mile long Whale Rock pipeline was constructed in the late 1950s and has served the City well since 1960, requiring minimal maintenance and repairs. A pipeline reliability analysis was prioritized as part of the Whale Rock Reservoir capital improvement program for 2017-19. The analysis is expected to be completed during the 2018 Water Year. By determining the true condition of the pipeline utilizing modern technology, it is expected the Whale Rock Commission will be able to focus resources on needed point repairs to the pipeline and avoid full-scale replacement based on pipe age. Whale Rock Reservoir Spillway 30-inch Whale Rock Pipeline Repair Conducted in June 2017 Packet Pg 162 10 City of San Luis Obispo 2017 Water Resources Status Report Page 8 RECYCLED WATER For the 2017 Water Year, the City delivered 229-acre feet of recycled water, up from 202-acre feet for the 2016 Water Year. The City Council adopted a resolution approving the 2017 Recycled Water Master Plan on March 21, 2017 and authorized staff to negotiate an agreement for delivery of recycled water outside the city limits consistent with policies and findings identified in the City’s General Plan. The design phase for the City’s Water Resource Recovery Facility (WRRF) Project continued through Water Year 2017. Construction is planned to begin in October 2018 and continue through 2021. When complete, the WRRF Project will maximize recycled water production. The project will also enable the City to consider potable reuse, part of a One Water concept, in the future. As part of a larger property upgrade, the Irish Hills Hamlet, a 146-unit apartment complex on Los Osos Valley Road originally constructed in the 1970s, retrofitted its landscape and irrigation system to utilize recycled water. The property has almost 76,000 square feet of landscaped area and is estimated to offset five-acre feet of potable water use with the retrofit. GROUNDWATER The City stopped using groundwater for potable purposes in April 2015. The City’s groundwater wells remain in an operable, stand-by position should the use of groundwater be required. During the 2017 Water Year, the City continued its work with a hydrogeologist to site a future well field for a potential groundwater program expansion. III. WATER DEMAND During Water Year 2017, 67 percent of total water use in the City was to support single and multi-family residential uses, 25 percent was to support commercial and other non-residential development, and eight percent was to support landscape irrigation (separately metered). Historical water use is summarized below, as well as corresponding population, per capita use rate, and precipitation. The 2017 per capita water use was 95 gallons per capita per day (gpcd). Based on the City’s General Plan Water and Wastewater Management Element policies, the City uses 117 gpcd to project water required to serve build-out population. Irish Hills Hamlet became the City’s latest recycled water customer in August 2017 Packet Pg 163 10 City of San Luis Obispo 2017 Water Resources Status Report Page 9 Population, Water Use & Rainfall Year Population Total Water Use (acre feet) Per Capita Water Use (gpcd) Rainfall1,2,3 (inches) 2008 44,579 6,359 127 18.1 2009 44,829 6,134 122 18.9 2010 44,948 5,489 109 36.0 2011 45,418 5,285 104 18.9 2012 45,308 5,541 109 21.5 2013 45,541 5,892 116 3.8 2014 45,473 5,524 109 14.2 2015 45,802 4,990 97 11.8 2016 46,117 4,731 92 17.8 2017 46,724 4 4,975 95 35.1 Notes: 1. Rainfall amounts fo r 2005 –2012 calendar year source: Cal Poly CIMIS Weath er Stati on. 2. Rainfall amount fo r calendar year 2013-2015: SLO Reservoir. 3. Data for 2008 through 2014 presents calendar year rainfall data. 2015 and 2016 rainfall data covers the Water Year (October through September). 4. http://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-1/ As the City’s reservoirs are located in different watersheds, described below, rainfall at various sites within San Luis Obispo County benefits us. All locations exceeded the annual average during the 2017 water year. 2017 Water Year Rainfall Totals Rainfall Measurement Location Watershed Annual Average Rainfall (in inches) 2017 Water Year Total Rainfall (in inches) Rocky Butte Nacimiento Reservoir 39 87.1 Hwy 46 and W 7 Mile Road in Cambria, CA Whale Rock Reservoir 30 38.0 SLO Reservoir City 25 35.1 Salinas Dam Salinas Reservoir 23 33.6 Source: http://www.slocountywater.org/site/Water%20Resources/Data/ maps/precipitation-real-time.htm San Luis Obispo and surrounding watersheds experienced impressive rainfall totals during the 2017 Water Year Packet Pg 164 10 City of San Luis Obispo 2017 Water Resources Status Report Page 10 IV. WATER RESOURCE AVAILABILITY The following table summarizes the Water Resource Availability based on Water and Wastewater Management Element, Section 3. Water availability for 2017 is 12,115-acre feet, an increase of six-acre feet over 2016 due to increased recycled water usage. 2017 Water Resource Availability Water Resource Acre Feet Description Salinas & Whale Rock Reservoirs 6,940 Safe Annual Yield 1 Nacimiento Reservoir 5,482 Dependable Yield 2 Recycled Water 193 2016 Annual Usage 3 Siltation from 2010 to 2060 (500) WWME Policy A 4.2.2 4 12,115 2017 Annual Availability NOTES: 1. Safe Annual Yield determined from computer model, which accounts for siltation loss through 2010 (per WWME Policy A 4.2.1). 2. Dependable Yield is the contractual amount of water the City has rights to from Nacimiento Reservoir. 3. The quantity of recycled water included is the actual prior year’s recycled water usage (calendar year 2016) per General Plan Water and Wastewater Management Element Policy A 7.2.2. 4. Reservoir siltation is a natural occurrence that reduces storage capacity over long periods, resulting in the reduction of safe annual yield. V. WATER SUPPLY ACCOUNTING Per General Plan Water and Wastewater Management Element, Section 5, the City accounts for water supplies necessary to meet three specific community needs: • Primary water supply • Reliability reserve • Secondary water supply The City’s primary water supply is defined as the amount of water needed to serve the build-out population identified in the General Plan, Land Use Element (2014). Table 3 in the Land Use Element identifies an urban reserve capacity of 57,200 people. The quantity of water needed for the primary water supply is calculated per WWME Policy A 5.2.2, using 117 gallons per capita per day (gpcd). The reliability reserve provides a buffer for future unforeseen or unpredictable long-term impacts to the City’s water supply. The quantity of water for the reliability reserve is established using 20 percent of the existing City population (46,724, 2017 population) at 117 gpcd, thus the reliability reserve will increase over time as population increases. The reliability reserve concept is included in the Primary Water Supply = 117 gpcd x City Build-out Population = 117 gpcd x 57,200 x 365 day/year x Acre-Ft/325,851 gal 7,496 Acre-Ft/year Reliability Reserve = 117 gpcd x City Population x 20% = 117 gpcd x 46,724 x 365 day/year x Acre-Ft/325,851 gal x 20% 1,225 Acre-Ft/year Secondary Water Supply = Current Annual Availability – Primary Water Supply – Reliability Reserve = 12,115 Acre-Ft/year A – 7,496 Acre- Ft/year – 1,225 Acre-Ft/year 3,394 Acre-Ft/year A 2017 Annual Availability Packet Pg 165 10 City of San Luis Obispo 2017 Water Resources Status Report Page 11 City’s Charter (Section 909) which identifies that the water may not be used to serve future development, and is defined per WWME Policy A 5.2.3. The City’s secondary water supply is the amount of water remaining from available water resources above those needed to meet the primary water supply and reliability reserve. The secondary supply is identified to meet peak water demand periods or short-term loss of City water supply sources, per General Plan Water and Wastewater Management Element, Policy A 5.2.4. Water supply accounting is summarized in the table below . 2017 Water Supply Accounting (acre feet) Total Primary Water Supply Reliability Reserve Secondary Water Supply 12,115 7,496 1,225 3,394 VI. WATER DEMAND MANAGEMENT The water conservation program is an integral part of the City’s overall water management strategy. In the late 1980’s, the City implemented effective water efficiency programs and policies that allowed for continued community growth and economic development during water-constrained periods. It is estimated that 90 percent of residential toilets in the City have been retrofitted to 1.6 gallons per flush or more efficient. The City’s Toilet Retrofit Program is still active, requiring replacement of inefficient toilets upon change of ownership of a home. Through strong conservation efforts, the community has reduced its annual average per capita water use from over 180 gallons in 1987 to 95 for the 2017 Water Year. To reach all local demographics, outreach efforts were expanded by attending local events such as Farmers Market, Earth Day, and the Disaster Preparedness Expo. Conservation messaging also continued through traditional media sources as well as new avenues such as on-line “How To” videos available at the City’s website (slowater.org) explaining common areas around the house where leaks occur and unnecessarily consume water. During the 2017 Water Year, the City’s Water Efficient Landscape Ordinance was updated with new climate data which reduced the acceptable amount of irrigation demand at newly constructed and landscaped properties. REGIONAL WATER RESOURCE PLANNING The City continues to participate as a member of the Water Resources Advisory Committee and Regional Water Management Group, which promotes collaborative, integrated management of water resources within San Luis Obispo County and provides policy recommendations to the County Board of Supervisors. In addition, the City participates in the regional Partners in Water Conservation group which is made up of water conservation professionals from local agencies. The group meets every other month to discuss trends in the industry, upcoming changes to regulations, and to work together on regional messaging related to water conservation and water use efficiency. Utilities Department information booth at 2017 Disaster Preparedness Expo. Packet Pg 166 10 Meeting Date: 12/12/2017 FROM: Daryl Grigsby, Director of Public Works Prepared By: Michael J. McGuire, Senior Civil Engineer SUBJECT: SMALL BORE ASSOCIATION LEAD REMEDIATION, SPECIFICATION No. 91219 RECOMMENDATION 1. Approve construction documents for “Small Bore Association Lead Remediation”; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the construction contract if the lowest responsible bid is within the Engineer’s Estimate of $221,500; and 3. Authorize allocation of $209,000 from the General Capital Fund and $70,000 from the Sewer Fund for a total of $279,000, with $244,000 to the construction account and $35,000 to the construction management account of the project. DISCUSSION The City of San Luis Obispo intends to demolish the Prado Day Center and the adjacent Small Bore Association (SBA) Indoor Gun Range to make way for the expansion of the Water Resource Recovery Facility (WRFF). The Prado Day Center will continue to operate in its current location until the new homeless facility, currently being built across the street on Prado Road, is complete. The SBA Indoor Gun Range is vacant, and unused for many years, and ready for demolition. Recent testing performed at the SBA Indoor Gun Range indicates the presence of lead and asbestos containing materials. Although the levels of asbestos were considered trace, or non- hazardous, lead at a hazardous level was detected in the paint on the doors, and the concrete floor. Also, portions of the floor of the range is soil and contains a level of lead contamination that can be considered hazardous. This project will remediate the lead contaminated soil within the building prior to the demolition of the structure itself. The structure needs to be demolished to make way for the WRRF upgrade project. Staff recommends approval of the construction documents, and authorization to advertise and fund the project. CONCURRENCES This project has the concurrence of the Utilities Department and the Community Development Department. 11 Packet Pg 167 ENVIRONMENTAL REVIEW A Demolition Notification Form has been filed with the SLO County Air Pollution Control District. The Fire Department has reviewed the construction documents and has determined that the appropriate health and safety measures are being implemented to protect workers and the public from hazardous materials, and that the hazardous materials are being remediated and disposed of according to state and federal regulations. This project is categorically exempt from the California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15330, Minor actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances, and a Notice of Exemption has been issued for this project. FISCAL IMPACT The 2017-19 Financial Plan, Appendix E2, pages 39 to 40, identifies a construction budget of $15,209,000 and a construction management budget of $3,000,000 for the WRRF Project. $209,000 has been allocated from the General Capital Outlay Fund and the remaining $70,000 from the Sewer Fund to fully fund the construction and construction management phases of this project. Overall Project Fiscal Summary Fiscal Impact Summary Cost Total Project Budget Available 18,209,000$ Construction 221,500$ Contingency 22,000$ Total for Construction 243,500$ Printing/Advertising 500$ Construction Management 35,000$ Total Ancillary Items 35,500$ Total Construction Related Project Costs:279,000$ Project Balance 17,930,000$ ALTERNATIVES Deny approval to advertise. The City Council could choose to deny or defer the approval to advertise this project. Staff does not recommend this option. Should this be denied or deferred, the WRRF upgrade project may not proceed on schedule. Demolition, remediation material and labor costs will continue to rise and additional funds may be required. 11 Packet Pg 168 Attachments: a - Council Reading File - Special Provisions 11 Packet Pg 169 Page intentionally left blank. Packet Pg 170 Meeting Date: 12/12/2017 FROM: Daryl Grigsby, Director of Public Works Prepared By: Scott Lee, Parking Services Manager SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS FOR PARKING LOTS AND STRUCTURES SWEEPING AND JANITORIAL SERVICES, SPECIFICATION NO 91624 RECOMMENDATION 1. Authorize the release of the Request for Proposals (RFP) for Parking Lots and Structures Sweeping and Janitorial Services, Specification No. 91624; and 2. Authorize the City Manager to enter into a contract(s) with the successful bidder(s) if within authorized project budget of $250,000; and 3. Authorize the City Attorney to approve modifications to the form of the contract with the successful bidder(s). DISCUSSION The City has a longstanding policy of using contract labor where appropriate for ongoing operations and maintenance services. The City currently is operating under an extension of the contract with SP Maintenance for cleaning services as the contract expired on June 30, 2017. This RFP will allow a separate contract to be awarded for each of the three (3) specific components of the RFP if it is in the best interest of the City. The three components are: 1) Janitorial, Lot and 2) Structure Cleaning/Sweeping, and 3) Power Scrubbing/Pressure Washing. Since each requires different equipment and may be perfo rmed by different or separate vendors, allowing the city to award separate contracts for each will allow different vendors to submit bids for provision of the services for which they are qualified. NEXT STEPS Solicitation for proposals will be done by publicizing the RFP on the city website in addition to local notification required by the City’s Municipal Codes. The RFP is scheduled to be released to the public upon approval by Council. After proposals are received and accepted by the City in January 2018, a team of staff will review each proposal for conformity and “best value”. Cost will not be the sole criterion in selecting the successful bidder. Consultant proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to: a. Understanding of the work required by the City b. Quality and responsiveness of the proposal c. Demonstrated competence and professional qualifications necessary for satisfactory 12 Packet Pg 171 d. performance of the work required by the City e. Recent experience in successfully performing similar services f. Proposed methodology for completing the work g. References h. Background and related experience of the specific individuals to be assigned to the i. project j. Proposed compensation The city will begin negotiations with the top ranked firm(s) as quickly as possible and determine a final cost for services to the City. The new contract will become effective with the approval and award which is expected to be in February 2018. CONCURRENCES Streets and Parks management concur with the recommendations made in this report. ENVIRONMENTAL REVIEW The issuance of this RFP and subsequent award of a contract for the services described above is categorically exempt from environmental review pursuant to CEQA Guidelines § 15301 (Existing Facilities). In order for the successful bidder handling Power Scrubbing/Pressure Washing to remain compliant with the City’s MS4 storm water permit with the State Water Resources Control Board, as well as with the provisions of the City’s Municipal Code Chapter 12.08 (Urban Storm Water Quality Management and Discharge Control), a full -capture system will be required to ensure that there is no discharge to the City’s storm water conveyance system. FISCAL IMPACT There is no impact to the General Fund as part of this RFP. Parking Services budgets $250,000 for Lot & Structure Sweeping and Janitorial Services under Contracted Services in its operating budget for the combined three (3) components included in the RFP. This RFP is requesting the janitorial services to be provided seven (7) days per week in the parking structures which is an increase from the current five (5) days per week. This is necessary given the increases in volumes utilizing the structures and expected increases in facility usage in the future. Part of this cost is offset by the elimination of some parking lots no longer in existence and reassigned cost savings from their closure. The frequency in other locations will remain the same. ALTERNATIVES The City Council may choose to not approve the RFP and instruct staff to continue to seek other alternatives. This is not recommended as currently the City’s staffing is not sufficient to provide this service. Attachments: a - Lot & structure sweeping and janitorial RFP (91624) 12 Packet Pg 172 Page 1 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for PARKING LOTS & STRUCTURES SWEEPING AND JANITORIAL SERVICES Specification No. 91624 The City of San Luis Obispo is soliciting proposals from qualified vendors for provision of maintenance services pursuant to Specification No. 91624. All proposals must be received by the Finance Department, City Hall, 990 Palm Street, San Luis Obispo, CA no later than 3:30 p.m. Pacific Standard Time, January 11, 2018. Proposals received after said date and time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Department in a sealed envelope plainly marked with the proposer’s name, specification number, proposal title and due date of proposal opening. Hard copied proposals shall be submitted along with the required forms provided in the specification package and following instructions contained herein. Proposals packages may be obtained at: The City’s website: www.SLOCity.org – Doing Business – Bids & Proposals Page; or BIDSYNC.com Additional information may be obtained by contacting: Scott Lee, Parking Manager, (805) 781-7234 or slee@slocity.org Nicole Lawson, Supervising Administrative Assistant, (805) 781-7059 or nlawson@slocity.org For Public Records requests see Section 1.14 12 Packet Pg 173 Page 2 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Specification No. 91624 TABLE OF CONTENTS 1. NOTICE TO PROPOSERS – PROPOSAL REQUIREMENTS .................................................. 5 1.1. Summary and Requirement to Meet All Provisions ......................................................................... 5 1.2. Contract Term and Optional Extensions .......................................................................................... 5 1.3. Important Dates ............................................................................................................................... 5 1.4. Proposal Submittal and Format ....................................................................................................... 5 1.5. Labeling ............................................................................................................................................ 6 1.6. Insurance Certificate ........................................................................................................................ 6 1.7. Submittal of References ................................................................................................................... 6 1.8. Statement of Contract Disqualifications .......................................................................................... 6 1.9. Withdrawal or Revision of Proposals ............................................................................................... 6 1.10. Multiple Proposals ........................................................................................................................... 6 1.11. Procuring Agency/Personnel ............................................................................................................ 6 1.12. Inquiries and Clarifications ............................................................................................................... 7 1.13. Addenda ........................................................................................................................................... 7 1.14. Public Records .................................................................................................................................. 7 2. CONTRACT AWARD AND EXECUTION ................................................................................... 8 2.1. Proposal Retention and Award ........................................................................................................ 8 2.2. Competency and Responsibility of Proposer ................................................................................... 8 2.3. Form of Agreement .......................................................................................................................... 8 2.4. Insurance .......................................................................................................................................... 8 2.5. Business License and Tax .................................................................................................................. 8 2.6. Failure to Accept Contract ................................................................................................................ 8 2.7. Oral Presentations / Site Visits / Meetings ....................................................................................... 8 2.8. Proposer’s Responsibility ................................................................................................................. 8 3. CONTRACT PERFORMANCE...................................................................................................... 9 3.1. Ability to Perform ............................................................................................................................. 9 3.2. Laws to be Observed ........................................................................................................................ 9 3.3. Payment of Taxes ............................................................................................................................. 9 12 Packet Pg 174 Page 3 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 3.4. Permits and Licenses ........................................................................................................................ 9 3.5. Safety Provisions .............................................................................................................................. 9 3.6. Public and Employee Safety ............................................................................................................. 9 3.7. Preservation of City Property ........................................................................................................... 9 3.8. Immigration Act of 1986 ................................................................................................................ 10 3.9. Proposer Non-Discrimination ........................................................................................................ 10 3.10. Work Delays ................................................................................................................................... 10 3.11. Payment Terms .............................................................................................................................. 10 3.12. Inspection ....................................................................................................................................... 10 3.13. Audit ............................................................................................................................................... 10 3.14. Interests of Proposer ...................................................................................................................... 10 3.15. Hold Harmless and Indemnification ............................................................................................... 11 3.16. Contract Assignment ...................................................................................................................... 11 3.17. Termination .................................................................................................................................... 11 4. PROPOSAL CONTENT AND SELECTION PROCESS ............................................................. 12 4.1. Overview ........................................................................................................................................ 12 4.2. Calendar of Events ......................................................................................................................... 12 4.3. Background and Objectives ............................................................................................................ 12 4.4. Description / Scope of Work .......................................................................................................... 13 4.5. Selection Process ............................................................................................................................ 13 5. REQUIRED SUBMITTALS AND CONTENT OF PROPOSALS .............................................. 13 Chapter 1: Title Page ...................................................................................................................... 13 Chapter 2: Organizational Summary .............................................................................................. 14 Chapter 3: References ......................................................................................................................... 14 Chapter 4: Sub Proposers ............................................................................................................... 14 Chapter 5: Disclosure of Past Contract Failures and Litigation ...................................................... 14 Chapter 6: Fee Proposal ................................................................................................................. 14 Chapter 7: Additional Required Forms ........................................................................................... 15 12 Packet Pg 175 Page 4 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 REQUIRED FORMS ................................................................................................ 16 FORM A: SIGNATURE AFFIDAVIT ......................................................................................................... 16 FORM B: VENDOR PROFILE ............................................................................................................ 17 FORM C: REFERENCES .................................................................................................................... 18 FORM D: STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ................................................ 19 FORM E: COST PROPOSAL SUBMITTAL FORM .............................................................................. 20 APPENDICES ...................................................................................................... 21 APPENDIX A: SAMPLE AGREEMENT ............................................................................................... 21 APPENDIX B: INSURANCE REQUIREMENTS .................................................................................... 23 APPENDIX C: DESCRIPTION OF WORK ........................................................................................... 25 APPENDIX D: LOCATIONS AND WORK HOURS .............................................................................. 29 APPENDIX E: PARKING LOTS AND STRUCTURES SQUARE FOOTAGE ............................................ 30 12 Packet Pg 176 Page 5 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 1 NOTICE TO PROPOSERS – PROPOSAL REQUIREMENTS 1.1 Summary and Requirement to Meet All Provisions The City of San Luis Obispo (“City”) is soliciting proposals from qualified vendors to perform the cleaning tasks described in this RFP at the locations and frequencies listed. Vendors submitting proposals (“Proposers”) are required to read this Request for Proposals (“RFP”) in its entirety and follow the instructions contained herein and shall meet all of the terms, and conditions of the RFP specifications package. By virtue of its proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 1.2 Contract Term and Optional Extensions This shall be a Contract for Purchase of Services (Appendix A) for the provision of maintenance services related to the Parking Lots & Structures Sweeping and Janitorial Services RFP- Specification No. 91624 - for a term of four (4) years with two (2) additional two-years extensions available to the City at their sole discretion, if the services are deemed satisfactory, by written notification to the Contractor. This contact may be awarded as up to three (3) separate contracts for provision of service for 1) Manual Janitorial Services (Day porter activities including cleaning of the public restrooms); 2) Parking Lot and Structures Cleaning (Sweeping); and 3) Power Scrubbing (Pressure washing) of parking Structure stairwells and landing areas; and these awards may be made to separate vendors. The frequency and locations are detailed in Appendices C and D. 1.3 Important Dates Deliver proposals no later than the due date and time indicated below. The City will reject late proposals: Issue Date: December 13, 2017 Due Date: January 11, 2018, 3:30PM, PST 1.4 Proposal Submittal and Format Each proposal must be submitted in hard copy form (i.e. printed) with a total of Three (3) copies provided in the order 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: Finance Department Attn: Lorraine Colleran City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 No FAX submittals will be accepted. 12 Packet Pg 177 Page 6 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 1.5 Labeling All proposals must be clearly labeled: Proposer’s Name and Address: ________________________ Specification # 91624 Title: Parking Lots & Structures Sweeping and Janitorial Services DUE: January 11, 2018, 3:30pm, PST 1.6 Insurance Certificate If awarded a contract, each proposal will be required to provide 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 insurance requirements are detailed in Section 2.4. 1.7 Submittal of References Each proposer shall submit a minimum of three (3) references on the form provide in the RFP package as Form C. 1.8 Statement of Contract Disqualifications Each Proposer shall submit a statement regarding any past government disqualifications on the form provide in the RFP package as Form D. 1.9 Withdrawal or Revision of Proposals Proposers may, without prejudice, withdraw proposals by requesting such withdrawal prior to the time specified for the proposal opening, by submitting a written request to the Bid Administrator for its withdrawal, in which event the proposal will be returned to the Proposer unopened. All proposals will be opened and declared publicly. Proposers may modify their proposal at any time prior to the due date and time of submission for proposals. 1.10 Multiple Proposals Multiple proposals from Proposers are NOT permitted. Any vendor responding to this RFP shall incorporate their entire bid in one submission regardless of whether the bid is for one or more components of this RFP. The proposed costs should be broken down into sufficient detail to allow for the separate evaluation of each component being bid. 1.11 Procuring Agency/ Personnel The City of San Luis Obispo is the procuring agency: Scott Lee, Parking Manager City of San Luis Obispo (805) 781-7234 slee@SLOCity.org 12 Packet Pg 178 Page 7 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 The City of San Luis Obispo Finance Department administers the procurement function: Lorraine Colleran (Bid Administrator) Finance Department 990 Palm Street San Luis Obispo, CA 93401 (805) 781-7435 LColleran@SLOCity.org 1.12 Inquiries and Clarifications Proposers are to raise any questions they have about the RFP document without delay. Direct any questions concerning due dates and/or actual submittals to the bid administrator either by phone or in writing. Direct all technical questions, those concerning specifications and/or scope of work, to the procuring agency, either by phone or in writing. Furthermore, Proposers finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP document shall immediately notify the procuring agency and request clarification. 1.13 Addenda In the event it is necessary to provide additional clarification or revision to the RFP, the City will post addenda to the City website and to BIDSYNC.COM website. It is Proposer’s sole responsibility to regularly monitor the websites for any such postings. Failure to retrieve addenda and include their provisions may result in disqualification. 1.14 Public Records Proposers are hereby notified that all information submitted in response to this RFP may be made available for public inspection according to the Public Records Act of the State of California and the California Constitution. Information qualifying as a “trade secret” – defined in California Public Records Act of 2004 – may be held confidential. Proposers shall seal separately and clearly identify all information they deem to be “trade secrets,” as defined by the State of California Statutes. Do not dupli cate or comingle information, deemed confidential and sealed, elsewhere in your response. The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advanced notice to Proposers prior to release of any requested record. To the extent permitted by such laws, it is the intention of the City to withhold the contents of proposals from public view – until such time as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all proposals will be available for review in accordance with such laws. 12 Packet Pg 179 Page 8 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 2 CONTRACT AWARD AND EXECUTION 2.1 Proposal Retention and Award The City reserves the right to retain all proposals for a period of 180 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. 2.2 Competency and Responsibility of Proposer The City reserves full discretion to determine the competence and responsibility, professionally and/or financial stability, of Proposer. Proposer will provide, in a timely manner, all information that the City deems necessary to make such a decision. 2.3 Form of Agreement Proposers are responsible for reviewing this Form of Agreement prior to submission of their proposal. The Form of Agreement shall serve as the basis for the contract resulting from this RFP. The terms of this template contract shall become contractual obligations following award of the RFP. By submitting a proposal, the contract shall become contractual obligations following award of the RFP. By submitting a proposal, Proposers affirm their willingness to enter into a contract containing these terms. 2.4 Insurance Proposers shall provide proof of insurance in the form, coverages and amounts specified in Appendix B of these specifications within ten (10) calendar days after notice of contract award as a precondition to contract execution. 2.5 Business License and Tax The Proposer must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 2.6 Failure to Accept Contract The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made. 2.7 Oral Presentations / Site Visits / Meetings Proposers may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities, or those of existing clients with similar operations, available for site inspection as part of the RFP process. Such presentations, meetings, or site visits will be at the Proposer’s expense. 2.8 Proposer’s Responsibility Proposers shall examine this RFP and shall exercise their judgment as to the nature and scope of the work required. No plea of ignorance concerning conditions or difficulties that exist or may hereafter arise in the execution of the work under the resulting c ontract, as a 12 Packet Pg 180 Page 9 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 consequence of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the Proposers to fulfill the requirements of the resulting contract. 3 CONTRACT PERFORMANCE 3.1 Ability to Perform The Proposer warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3.2 Laws to be Observed The Proposer shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. The issuance of this RFP and subsequent award of a contract for the services described above is categorically exempt from environmental review pursuant to CEQA Guidelines § 15301 (Existing Facilities). 3.3 Payment of Taxes The contract prices shall include full compensation for all taxes that the Proposer is required to pay. 3.4 Permits and Licenses The Proposer shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 3.5 Safety Provisions The Proposer shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 3.6 Public and Employee Safety Whenever the Proposer's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 3.7 Preservation of City Property The Proposer shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Proposer's operations, it shall be replaced or restored at the Proposer's expense. The facilities shall be replaced or restored to a condition as good as when the Proposer began work. 12 Packet Pg 181 Page 10 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 3.8 Immigration Act of 1986 The Proposer warrants on behalf of itself and all sub Proposers engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 3.9 Proposer Non-Discrimination In the performance of this work, the Proposer agrees that it will not engage in, nor permit such sub Proposers as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 3.10 Work Delays Should the Proposer be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, t hen the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Proposer. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 3.11 Payment Terms Payments will be made consistent with the Agreement. The City's standard payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Proposer (Net 30). 3.12 Inspection The Proposer shall furnish City with every reasonable opportunity for City to ascertain that the services of the Proposer are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Proposer of any of its obligations to fulfill its contract requirements. 3.13 Audit The City shall have the option of inspecting and/or auditing all records and other written materials used by Proposer in preparing its invoices to City as a condition precedent to any payment to Proposer. 3.14 Interests of Proposer The Proposer covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Proposer further covenants that, in the performance of this work, no sub Proposer or person having such an interest shall be employed. The Proposer certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed 12 Packet Pg 182 Page 11 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 that, in the performance of the work hereunder, the Proposer shall at all times be deemed an independent Proposer and not an agent or employee of the City. 3.15 Hold Harmless and Indemnification The Proposer agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Proposer's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Proposer, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Proposer's duty to indemnify and hol d 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. 3.16 Contract Assignment The Proposer shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 3.17 Termination If, during the term of the contract, the City determines that the Proposer is not faithfully abiding by any term or condition contained herein, the City may notify the Proposer in writing of such defect or failure to perform. This notice must give the Proposer a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Proposer has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Proposer to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Proposer's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Proposer shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Proposer as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Proposer shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall 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 Proposer be entitled to receive any amount in excess of the compensation quoted in its proposal. 12 Packet Pg 183 Page 12 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 4 PROPOSAL CONTENT AND SELECTION PROCESS 4.1 Overview The City of San Luis Obispo (“City”) is soliciting proposals from qualified vendors (“Proposers”) for provision of maintenance services as specified in the Parking Lots and Structures Sweeping and Janitorial Services RFP – Specification No. 91624. City is seeking Proposer’s to contract for one or more of the service group components of this RFP as stated in the RFP Appendix C and Appendix D. The City requires well-managed and professional Proposers with demonstrated skills, and high levels of customer service and satisfaction, to fulfill the requirements outlined in this RFP. 4.2 Calendar of Events Listed below are specific and estimated dates and times of RFP events, all of which are subject to change. Proposers must complete events by specific dates as indicated unless revised by the City. The City may or may not issue a formal notification for changes in estimated dates and times. Figure 4-2: Calendar of Events Date Event Wednesday, December 13, 2017 Issue date of RFP Thursday January 11, 2018 3:30pm PST T Proposals due January 2018 (Subject to Change) Evaluation of proposals January 2018 (Subject to Change) Negotiation and award contract February 2018 (Subject to Change) Contract Routing to City Council February 2018 (Subject to Change) Contract Award March 2018 (Subject to Change) Contract begins 4.3 Background & Objective The City of San Luis Obispo operates three parking structures, and 11 parking lots or areas in the downtown area. The City wishes to have Proposers bid on any or all components of the RFP proposed service areas. These are specifically 1) manual janitorial services, 2) pressure washing/scrubbing and 3) Structure and Lot sweeping, for the work defined in Appendix C and with the frequency defined on Appendix D. 12 Packet Pg 184 Page 13 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 The objective of this RFP is to select vendor(s) to provide the cleaning services at the locations and on the frequency and the level detailed in this RFP . 4.4 Description/Scope of Work The Contractor shall perform the cleaning tasks described in Appendix C at the locations and frequencies specified in Appendix D. The intent of Specification No. 91624 is to procure a high level of service that will present a pleasing appearance at all times. Each Contractor shall maintain all specified locations at such a level as required by the City. The City’s representative shall be sole judge of the adequacy of the Contractor’s maintenance and the appearance of the sites. Proposer shall meet all requirements of the specifications contained herein, as well as all legislated mandates by the State of California, California Vehicle Code, San Luis Obispo Municipal Code, and the City of San Luis Obispo. For any portion of this proposal that is performed by Sub-Proposers, see Section 5, Chapter 9 (Required Submittals - Sub Proposers) of this proposal. 4.5 Selection Process The City may shortlist up to four (4) Proposers based on the submitted proposals and invite them to an interview process. In addition, the City may request that Proposers demonstrate their service either as part of the interview process or separately from it. The City, at its discretion, may make site visits to locations where the Proposers currently provide service. Contract award will not be based solely on price, but on a combination of the factors determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected Proposer s, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. Once prospective Proposers have been evaluated by the evaluation panel, negotiations shall begin. If negotiations are unsuccessful, talks with that Proposer will be abandoned and negotiations will then commence with the next qualified Proposer, and so on, until a final agreement has been reached and a contract prepared . Staff will present their findings to the City Council, which, at its discretion, will award a contact. 5. REQUIRED SUBMITTALS AND CONTENT OF PROPOSALS Proposing Vendors desiring to respond to this Request for Proposal (RFP) shall submit their proposal in sufficient detail to allow for a thorough evaluation and comparative analysis. The City shall use the responses as the basis of its evaluation. The proposals should be as brief and concise as possible without sacrificing clarity. Proposals containing irrelevant material or an abundance of excessively vague language may be penalized in the screening process. Arrange proposals to match the following outline. Respond to each and every question and/or statement. In the context of this section “you” and “your” is the same as “Proposer” and “Proposer’s”, respectively. 12 Packet Pg 185 Page 14 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Chapter 1: Title Page The title page shall contain at a minimum the name of the Proposer, RFP Title, and Due Date. Chapter 2: Organizational Summary – Description of Organization Provide a brief summary introducing your firm. Limit your response to one page. At a minimum, include the information briefly describing your firm’s organization and size and your experience including the number of years in business. Chapter 3: References Provide three references from similar projects and clients. Limit your response to one page. Chapter 4: Sub Proposers (if any) Identify any sub-Proposers that would be used. Give a detailed description of their involvement, scope of work, background, and responsibilities. The price proposed shall include any and all work to be done by sub-Proposers, and the City will only process claims and payments to the Proposer. A list of sub-Proposers to be hired shall be submitted as a part of the proposal. Also disclose whether or not the sub Proposer is a subsidiary or is financially tied to the Proposer in any other manner. Use of sub-Proposer does not relieve the Proposer of overall responsibility. City reserves the right to approve all proposed sub-Proposers. Chapter 5: Disclosure of Contract Failures and Litigation Disclose any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigation pending which involves your firm or in which your firm has been judged guilty or liable, or which may affect the performance of the services to be rendered herein, in which your firm, any of its employees, sub-Proposers, or sub consultants is or has been involved in within the last three (3) years. Chapter 6: Fee Proposal Include detailed pricing information for the services described in this RFP. Quote fees as all inclusive, not-to-exceed, fixed fees for each relevant aspect of the RFP proposal. The fee could be a one-time fee, fee per use, fee per year or fee per contract period. Also, identify all other costs beyond the usage cost such as a fee for system maintenance, etc. As noted above, prepare the fee proposal as all inclusive, not-to-exceed, fixed fees: o All Inclusive – Covers all direct and indirect expenses incurred by the Proposer including but not limited to; travel, telephone, copying and other out-of-pocket expenses. o Not-To-Exceed – The actual fees shall not exceed the amount specified in fee proposal. o Fixed Fee – All prices, rates, fees and conditions outlined in the proposal shall remain fixed and valid for the entire length of the contract and any/all renewals. Provide exact fees - not a range. Take advantage of the opportunity to ask questions and receive answers to gain clarification. Furthermore, document any significant assumptions for arriving at fee estimates. You are responsible for verifying the correctness of calculations in your fee proposal. 12 Packet Pg 186 Page 15 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 The City reserves the right to make an award without further discussion of the fee proposal submitted. Therefore, the Proposer should submit the fee proposal on the most favorable terms they can offer. However, this does not limit the City from negotiating with the selected Proposer. A finalization of the specifications and scope of services is expected as a part of final contract negotiation or through a Best and Final Offer (BAFO) process. By the BAFO the Proposer(s) remaining in the process will have met with the City and or demonstrated their product /service giving them the opportunity to obtain a complete understanding of all requirements. Chapter 7: Additional Required Forms and/or Attachments Include the following required forms and/or attachments to your Proposal. Forms are included in the RFP. o Form A – Signature Affidavit – A company representative with authority to bind the Proposer to the City by contract shall sign the form, attesting the proposal has been submitted in conformance to stated requirements. o Form B – Vendor Profile – complete the information about your firm. o Form C – References o Form D – Statement of Past Contract Disqualifications o Form E – Cost Proposal Submittal Form 12 Packet Pg 187 Page 16 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 FORM A: SIGNATURE AFFIDAVIT Note: This form must be returned with your response. In signing proposals, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit proposals, that proposals have been independently arrived at, without collusion with any other Proposers, competitor or potential competitor; that proposals have not been knowingly disclosed prior to the opening of proposals to any other Proposers or competitor; that the above statement is accurate under penalty of perjury. The undersigned, submitting this proposal, hereby agrees with all the terms, conditions, and specifications required by the City in this Request for Proposal, declares that the attached proposal and pricing are in conformity therewith, and attests to the truthfulness of all submissions in response to this solicitation. Proposers shall provide the information requested below. Include the legal name of the Proposer and signature of the person(s) legally authorized to bind the Proposers to a contract. SIGNATURE AND DATE OF AUTHORIZE REPRESENTATIVE PRINT NAME: __________________________________________________ FIRM (PROPOSER) NAME: ________________________________________ 12 Packet Pg 188 Page 17 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 FORM B: VENDOR PROFILE Company Information Company Name (Proposer) FEIN: (If FEIN is not applicable, SSN collected upon award) Contact Name Title Telephone ( ) Fax ( ) Email Address City State Zip Primary Individual Contact Information Contact Name Title Telephone ( ) Fax ( ) Email Address City State Zip Secondary Individual Contact Information Contact Name Title Telephone ( ) Fax ( ) Email Address City State Zip 12 Packet Pg 189 Page 18 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 FORM C: REFERENCES Describe fully three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. The City reserves the right to contact references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Reference No. 2 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services Reference No. 3 Customer Name Contact Individual Telephone & Email Street Address City, State, Zip Code Date of Services Contract Amount Description of Services 12 Packet Pg 190 Page 19 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 FORM D: 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 Representative of Proposer ___________________________________________ Print name of Authorized Representative of Proposer 12 Packet Pg 191 Page 20 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 FORM E: COST PROPOSAL SUBMITTAL FORM The City is requesting proposals for the Parking Lots & Structures Sweeping and Janitorial Services. Incomplete cost proposals will not be accepted, and the submitted proposal will be deemed incomplete. If there are any additional costs not included in this Cost Proposal, those costs must be identified on a separate sheet of paper and included in this Request for Pro posal. The undersigned, who is authorized to represent the proposing firm and has carefully examined Specification No 91624, proposes to furnish the services described in Appendix C and Appendix D of Specification No. 916624 for the prices quoted below in full. Each Proposer shall fill out a separate cost proposal in its entirety FOR EACH OF THE THREE (3) COMPONENTS BEING BID. INDICATE COMPONENT BEING BID IN THIS SPECIFIC QUOTE: Janitorial (Part I) OR Lot & Structure Cleaning/Sweeping (Part II) OR Power Scrubbing/Pressure Washing (Part III) Lot 4 (Post Office lot adjacent to Marsh Street Structure) Lot 8 (City Hall) Lot 9 Lot 10 Lot 14 Lot 15 Old Library (800 Blk. Morro) Parks and Recreation Railroad Square Railroad Transfer 842 Palm Street Structure 871 Marsh Street Structure 919 Palm Street Structure Marsh Street Structure Public Restrooms MONTHLY TOTAL $ Fully Burdened Hourly Labor Rate for Additional Unspecified Work & Emergency Call Back ________________________________ Hour Billing Minimum Per Emergency Call Back ________________________________ Material Handling Markup Rate (Percentage) ________________________________ Signature of Authorized Representative Date: Print Name of Vendor: 12 Packet Pg 192 Page 21 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Appendix A: FORM OF AGREEMENT (SAMPLE) AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [date], 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 provision of maintenance services pursuant to Specification No. 91624 – Parking Lots and Structures Sweeping and Janitorial Services. WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said [supplies, equipment, services, project, whatever]. 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 [supplies, equipment, services, project, whatever]. 2. INCORPORATION BY REFERENCE. City Specification No. 91624 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing [supplies, equipment, services, project, whatever] as specified in this Agreement, City will pay and Contractor shall receive therefo r compensation in a total sum not to exceed [$ .00]. 4. CONTRACTOR'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 specification. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council [or other official] of the City. 2. 12 Packet Pg 193 Page 22 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 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: CONTRACTOR _____________________________________ By: ___________________________________ City Attorney 12 Packet Pg 194 Page 23 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Appendix B: INSURANCE REQUIREMENTS The Proposer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Proposer, its agents, representatives, employees or sub Proposers. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of t he Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, 12 Packet Pg 195 Page 24 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30 days prior written notice by certified mail, return receipt requested, will be provided. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Sub-consultants. Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 12 Packet Pg 196 Page 25 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Appendix C: Description of Work Overall Description of Work. The Contractor shall perform the cleaning tasks described in this section at the locations and frequencies listed. The intent of this specification is to procure a high level of cleaning maintenance that will present a pleasing appearance at all times. The Contractor shall maintain all specified locations at such a level. The City’s representative shall be sole judge of the adequacy of the Contractor’s maintenance and the appearance of the sites. PART I: JANITORIAL A. Parking Structure Cleaning A. Daily Tasks: 1) Empty and clean trashcans in each of the four exit booths at the three Structures. (1) at 842 Palm (1) at 919 Palm and (2) at 871 Marsh 2) Clean litter from all surface levels of the structure, alcoves & exterior foyers, including the exterior sidewalks surrounding the structures. 3) Spot clean significant stains on decks, ramps, stairwells, elevator landings, alcoves & exterior foyers, including the exterior sidewalks surrounding the structures. Significant stains include: from any food or drink, Urine, fecal matter and vomit. 4) Clean stairwells, including all elevator landings and alcoves. 5) Clean elevators, disinfect and clean all interior walls, floors, ceilings and windows. 6) Clean both interior and exterior elevator doors and door frames. B. Weekly Tasks: 1) Clean windows at base of stairwell at Marsh Street Structure near elevator landing (corner of Marsh & Chorro). 2) Clean archaeological display exterior located in the 842 Palm Structure. 3) Clean drinking fountains located: (1) at 842 Palm Structure (Palm Street side); (2) at Marsh Street Structure (Chorro Street side and Pacific Street side). 4) Clean 919 Palm Structure employee restroom. 5) Clean 842 Palm Structure employee restroom. (Located in booth) 6) Wet mop alcoves and exterior foyers. 12 Packet Pg 197 Page 26 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 7) Change all trash can liners in all Structures. Trashcans located at top or bottom of each stairwell landing or just outside each stairwell landing separated by a door. 8) Dispose of all collected dirt, debris, and other material in an approved mann er. The contractor shall: 1) Not allow contaminated water or cleaning solutions to enter storm drains. 2) Report problems to City Representative (781-7230) by 8:00 a.m. if tasks scheduled for that day cannot be completed. 3) Report all non-emergencies to Police dispatch (781-7312) These include: People sleeping in the Structures elevators or surrounding sidewalks and bench areas, people sleeping in vehicles and any suspicious loitering or behavior. 4) Report emergencies to Police Dispatch (781-7312), and contact Police Dispatch to deliver any lost and found articles found within 24 hours. B. Parking Structure Public Restroom Cleaning (Morro Street near corner of Pacific) A. Daily Tasks: 1) Disinfect and clean restroom sinks, mirrors, countertops, partitions, walls, and floors. 2) Disinfect, clean and descale toilets and urinals. 3) Clean all chrome plated or stainless steel surfaces. 4) Clean both interior and exterior doors including entry ways. 5) Refill toilet paper, seat covers and soap dispenser. Empty and reline all trash containers. 6) Correct minor plumbing problems, clear clogged drains using a plumber’s helper or a short snake, remove debris from floor drain grates. If plumbing problems cannot be corrected notify the City representative (781-7230) immediately. C. Materials and Supplies. All equipment, materials and supplies used for parking lots & structures and restroom, sidewalks and drinking fountains cleaning shall be biodegradable and preapproved by the City before any application. A list of proposed cleaning materials shall be submitted at the time of award. The contractor shall not use any materials, supplies, or equipment that may damage or destroy existing facilities. Materials, supplies, and equipment shall not be stored on City property without prior written permission from the City. 12 Packet Pg 198 Page 27 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 D. Trash and Debris Removal. The Contractor is responsible for removal of all dirt, debris, trash and foreign objects from the sites and disposal of material s in an approved manner. E. Graffiti Removal. Wipe off graffiti using an approved cleaning solution if graffiti cannot be removed or if paint is worn where graffiti has been removed; notify the City representative immediately at 781-7230. PART II: Parking Lot and Structure Cleaning (Sweeping) 1. Parking Lot Cleaning A. Daily Tasks: 1) Remove all dirt, weeds, and debris from parking lot surfaces using approved motorized sweeper/vacuum equipment and, if necessary, hand -held equipment (power blowers). 2) Remove all dirt, litter and debris from adjacent sidewalks and bench pads. 3) Remove all litter and debris from adjacent landscaped areas. 4) Remove spots, stains, fecal material, or other debris that possess a hazard to health or safety. 5) Dispose of all collected dirt, debris, and other material in an approved manner. The Contractor shall not allow contaminated water or cleaning solution to enter storm drains. 2. Parking Structure Cleaning A. Weekly Tasks: 1) Parking garage decks and ramps using an approved power sweeper equipped with a power brush and vacuum system. (A handheld blower will be used to remove dust & debris from edge of walls and behind all cement car stops prior to using power sweeper.) 2) For 842 Palm Structure, remove all debris from area underneath both stairwells at ground level on Palm Street side. 12 Packet Pg 199 Page 28 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 3. Materials and Supplies. All equipment, materials and supplies used for parking lots & structures and restroom, sidewalks and drinking fountains cleaning shall be biodegradable and preapproved by the City before any application. A list of proposed cleaning materials shall be submitted at the time of award. The contractor shall not use any materials, supplies, or equipment that may damage or destroy existing facilities. Materials, supplies, and equipment shall not be stored on City property without prior written permission from the City. 4. Trash and Debris Removal. The Contractor is responsible for removal of all dirt, debris, trash and foreign objects from the sites and disposal of materials in an approved manner. PART III: POWER SCRUBBING (PRESSURE WASHING) 1. Parking Structure Cleaning A. Weekly Tasks: 1) Pressure wash and power scrub oil stains on all levels and ramps (1 level each week on rotating schedule). Note: This will include any and all spots/stains that are NOT oil. 2) Hot pressure wash all stairwells and elevator landings at all three Structure locations. The use of a water barrier must be used to insure “NO” water gets into the Elevator Shaft!) 3) Pressure wash and power scrub oil stains on all levels and ramps (1 level each week on rotating schedule). Note: This will include any and all spots/stains that are NOT oil. The contractor shall: Remain compliant with the City’s MS4 storm water permit with the State Water Resources Control Board, as well as with the provisions of the City’s Municipal Code Chapter 12.08 (Urban Storm Water Quality Management and Discharge Control), by utilizing a full-capture system and ensure that there is no discharge to the City’s storm water conveyance system. 2. Materials and Supplies. All equipment, materials and supplies used for parking lots & structures and restroom, sidewalks and drinking fountains cleaning shall be biodegradable and preapproved by the City before any application. A list of proposed cleaning materials shall be submitted at the time of award. The contractor shall not use any materials, supplies, or equipment that may damage or destroy existing facilities. Materials, supplies, and equipment shall not be stored on City property without prior written permission from the City. 3. Trash and Debris Removal. The Contractor is responsible for removal of all dirt, debris, trash and foreign objects from the sites and disposal of materials in an approved manner. 12 Packet Pg 200 Page 29 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Appendix D: Locations and Work Hours PARKING LOTS LOCATION WORK DAYS WORK HOURS Lot 4 (PO Parking) Lower Level MSS Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Lot 8 (City Hall) 900 block Mill Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Lot 9 600 block Monterey Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Lot 10 1000 block Nipomo Daily 3:30 a.m. - 8:00 a.m. Lot 14 600 block Palm Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Lot 15 600 block Monterey Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Old Library 800 block Morro Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Parks & Recreation 1300 block Nipomo Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Railroad Square 1820 Osos Mon. & Thurs. 3:30 a.m. - 8:00 a.m. Railroad Transfer 950 High Street Mon. & Thurs. 3:30 a.m. - 8:00 a.m. PARKING STRUCTURE LOCATION DUTIES WORK HOURS Palm Structure (old) 842 Palm Street Janitorial (Sun. - Sat.) Power Scrub/Pressure Washing (Saturday) Power Blowing and Sweeping (Tuesday) 3:30 a.m. – 8:30 a.m. 7:00 a.m. – 9:00 a.m. 7:00 a.m. – 10:00 a.m. Marsh Structure 871 Marsh Street Janitorial (Sun. - Sat.) Power Scrub/Pressure Washing (Saturday) Power Blowing and Sweeping (Friday) 3:30 a.m. – 8:30 a.m. 3:30 a.m. – 7:00 a.m. 3:30 a.m. – 8:00 a.m. Palm Structure (new) 919 Palm Street Janitorial (Sun. - Sat.) Power Scrub/Pressure Washing (Saturday) Power Blowing (Friday) Sweeping (Friday) 3:30 a.m. – 8:00 a.m. 3:30 a.m. – 7:00 a.m. 3:30 a.m. – 8:00 a.m. Marsh Structure Public Restroom 1100 Block Morro Janitorial (Sun. - Sat.) 10:00 p.m. – 8:30 a.m. 12 Packet Pg 201 Page 30 Parking Lots & Structures Sweeping and Janitorial Services RFP – specification no. 91624 Appendix E: Parking Lots and Structures Square Footage PARKING LOTS & STRUCTURES Area in Square Feet Lot 4 (Ground Level Marsh Structure) 6,360 Lot 8 (City Hall) 17,000 Lot 9 10,000 Lot 10 9,470 Lot 14 38,000 Lot 15 5,000 Old Library Parking 1,200 Parks and Recreation 4,000 Railroad Square 100,000 Railroad Transfer Center 81,500 842 Palm Structure 130,000 871 Marsh Structure 200,000 919 Palm Structure 103,000 12 Packet Pg 202 Meeting Date: 12/12/2017 FROM: Daryl R. Grigsby, Director of Public Works Prepared By: Jake Hudson, Transportation Manager Adam Fukushima, Active Transportation Manager SUBJECT: CITY COUNCIL RESOLUTION SUPPORTING THE MISSION OF THE CENTRAL COAST DISTRACTED DRIVING AWARENESS PARTNERSHIP RECOMMENDATION Adopt a resolution supporting the mission of the Central Coast Distracted Driving Awareness Partnership DISCUSSION Background The Central Coast Distracted Driving Awareness Partnership (CCDDAP) is a regional coalition created by Bike SLO County in 2017. Bike SLO County joined several local organizations to address distracted driving as a growing problem that concerns all road users. Some of CCDDAP’s many organizational partners include the San Luis Obispo Council of Governments, the San Luis Obispo County Office of Education, and the San Luis Obispo Bike Club. To successfully address distracted driving, CCDDAP is seeking partnership among local organizations and agencies and has asked the City for support of its mission. In 2016, as part of the annual Traffic Safety Report, the City Council adopted a Vision Zero policy goal to eliminate all traffic related fatalities and major injuries by the year 2030. As part of the annual Traffic Safety Report, the City continues ongoing implementation efforts in Enforcement, Education, Traffic Safety, Traffic Operations, and Neighborhood Traffic Management programs to help reduce distracted driving and other factors in traffic collisions. Support of the CCDDAP is consistent with the Cit y Council’s Major City Goal of promoting multimodal transportation, and all City policies and programs addressing safety for drivers, passengers, cyclists, and pedestrians. ENVIRONMENTAL REVIEW The recommended action is not a “Project” as defined by the California Environmental Quality Act. FISCAL IMPACT No authorization of funding is requested with this resolution. Modest staff time is anticipated and accommodated through existing work efforts. 13 Packet Pg 203 ALTERNATIVES 1. Council could decide not to support the resolution. Attachments: a - Resolution 13 Packet Pg 204 R ______ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ENDORSING THE MISSION OF THE CENTRAL COAST DISTRACTED DRIVING AWARENESS PARTNERSHIP WHEREAS, Vision Zero is a philosophy, adopted by many cities and states around the country, that no loss of life or serious injury on the transportation system is acceptable; and WHEREAS, the City has adopted a Vision Zero policy goal to eliminate all traffic related fatalities and serious injuries by 2030; and WHEREAS, the Circulation Element of the San Luis Obispo General Plan provides policy intent to provide a system of streets that are safe for all forms of transportation, while reducing dependence on single-occupant use of motor vehicles by supporting and promoting alternatives such as walking, bicycling and transit; and WHEREAS, the mission of the Central Coast Distracted Driving Awareness Partnership is to reduce the costly physical, emotional, and financial effects that distracted driving has upon the lives of Central Coast resident and visitors NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This City Council hereby endorses the mission of the Central Coast Distracted Driving Awareness Partnership to reduce the costly physical, emotional, and financial effects that distracted driving has upon the lives of Central Coast residents and visitors. SECTION 2. The City Council directs the Public Works, Fire and Police Departments to continue implementation of the City’s Enforcement, Education, Traffic Safety, Traffic Operations, and Neighborhood Traffic Management programs to support the mission of the Central Coast Driving Awareness Partnership. SECTION 3. The City Council hereby authorizes the Mayor to support additional Vision Zero efforts in the future to eliminate traffic related fatalities and major injuries. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________, _______. 13 Packet Pg 205 Resolution No. _____ (2017 Series) Page 2 R ______ ______________________________ 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 13 Packet Pg 206 Meeting Date: 12/12/2017 FROM: Greg Hermann, Acting Assistant City Manager Prepared By: Carrie Gallagher, City Clerk SUBJECT: ADOPTION OF AN ORDINANCE AMENDING AND REAFFIRMING THE CURRENT ELECTION CAMPAIGN REGULATIONS RECOMMENDATIONS Adopt an Ordinance No. 1643 (2017 Series) which would re-adopt Chapter 2.40, Sections 2.40.010 through 2.40.130 in their entirety; amend Section 2.40.140; and remove Section 2.40.150 of the Municipal Code related to Election Campaign Regulations. DISCUSSION On November 21, 2017 the City Council voted 5-0 to introduce Ordinance No. 1643 (2017 Series), An Ordinance of the City Council of the City of San Luis Obispo, California, readopting and amending Chapter 2.40 of the Municipal Code related to election campaign regulations. ENVIRONMENTAL REVIEW The recommended actions are not subject to the California Environmental Quality Act as it is not a project as defined under the act. ALTERNATIVES Council may choose to not readopt current Campaign Regulations and therefore, per Chapter 2.40.150 of the City of San Luis Obispo Municipal Code, current regulations would expire on June 30, 2018. This is not recommended as local Campaign Regulations provide clarity about appropriate campaign activities and create transparency and promote trust with City voters. Attachments: a - Ordinance b - Exhibit A Packet Pg 207 14 O 1643 ORDINANCE NO. 1643 (2017 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, READOPTING AND AMENDING CHAPTER 2.40 OF THE MUNICIPAL CODE RELATED TO ELECTION CAMPAIGN REGULATIONS WHEREAS, on the 20th day of May 2014, the Council of the City of San Luis Obispo adopted Ordinance No. 1599 (2014 Series) entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Chapter 2.40 of the Municipal Code related to Election Campaign Regulations.” WHEREAS, Section 2.40.150 of the City of San Luis Obispo Municipal Code states that, unless readopted, Chapter 2.40 expires on June 30, 2018; and WHEREAS, the City Council desires to readopt Chapter 2.40 with minor modification in order to continue regulating local election campaigns. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Sections 2.40.010 through 2.40.130 of the San Luis Obispo Municipal Code are hereby readopted in their entirety as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 2. Section 2.40.140 of the San Luis Municipal Code is hereby readopted and amended to read as follows: 2.40.140 Council study committee. A. Appointment. At least nine months prior to the expiration of this chapter, The council shall may appoint a committee of at least five citizens to study the efficacy of this chapter. the committee shall complete its deliberations and report its findings to the city council on or before January 31, 2018. SECTION 3. Section 2.40.150 of the San Luis Obispo Municipal Code is hereby repealed in its entirety. SECTION 4. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. SECTION 5. 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 City. This ordinance shall go into effect at Packet Pg 208 14 Ordinance No. 1643 (2017 Series) O 1643 the expiration of thirty (30) days after its final passage. 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 roll call vote: AYES: NOES: ABSENT: 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 209 14 2.40.010 Title. This chapter may be cited as the election campaign regulations of the city. 2.40.020 Purpose and intent. A. It is the purpose and intent of this chapter: 1. To promote integrity, honesty, fairness, and transparency in municipal election campaigns. 2. To prevent corruption, or the appearance of corruption, which results from the real or imagined influence of large contributions on the conduct or actions of candidates elected to office. 3. To ensure a level of discussion of public issues adequate for a viable campaign by providing voters with the information necessary to make an assessment of each candidate or measure before voting. 4. To require public disclosure of campaign contributions and expenditures made in supp ort of or in opposition to candidates or measures in municipal elections. 5. To place realistic and enforceable limits on the amounts persons may contribute in municipal election campaigns. 6. To ensure that funds contributed to a campaign committee are used solely for campaign purposes. 7. To provide full and fair enforcement of all the provisions of this chapter. B. By enacting this chapter, the council does not intend to deprive or restrict any citizen of the exercise of rights guaranteed under the United States Constitution and the California Constitution. C. The city council takes specific notice of the findings and declarations made in the Political Reform Act and finds and declares them applicable to San Luis Obispo and a basis for enacting this chapter. D. It is the intent of this chapter to impose limits on the amount of money that may be contributed to a candidate or controlled committee to achieve the purposes specified in this section. This chapter is not intended, and shall not be construed, to establish any reporting, filing, or procedural requirement in addition to, or different from, the Political Reform Act or the regulations adopted by the Fair Political Practices Commission (FPPC), except as specifically set forth in Sections 2.40.050 and 2.40.090 infra. 2.40.030 Definitions. The terms used in this chapter shall have the same definitions as specified in the Political Reform Act and FPPC regulations. In those cases where definitions in the Political Reform Act or FPPC regulations contain a specific reference to any state election, candidate, or electoral criteria, the definition shall be modified to reflect the municipal equivalent, or, in the absence of a municipal equivalent, to delete the specific reference. Packet Pg 210 14 2.40.040 Contribution limitations. A. Contributions by Persons to Candidates and/or Controlled Committees. No person shall make any contribution to a candidate and/or any controlled committee connected with that candidate, with respect to any single election, which would cause the total amount contributed by such person to the candidate and any controlled committee connected with that candidate, when combined, to exceed three hundred dollars. B. Acceptance or Solicitation by Candidates or Controlled Committees. No candidate or controlled committee shall solicit or accept any contribution from any person which would cause the total amount contributed by such person, with respect to any single election, to the candidate and/or any controlled committee connected with that candidate, when combined, to exceed the sum of three hundred dollars. C. Contributions by Candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate or from his or her immediate family to any controlled committee connected with that candidate, nor to the expenditure, by the candidate, of his or her personal funds. For purposes of this section, “immediate family” means a candidate’s or elected officeholder’s spouse or domestic partner, and/or dependent children. D. Anonymous Contributions. No candidate or controlled committee shall accept anonymous contributions, with respect to any single election, which exceed fifty dollars. Subject to the provisions of state law, in the event a candidate or controlled committee receives an anonymous contribution that would result in a violation of this subsection, the candidate or controlled committee shall promptly pay that sum to the city for deposit into the general fund to be used to defray the costs of municipal elections. 2.40.050 Election campaign accounts. A. Campaign Bank Accounts. An individual who plans to run for a city elective office and who plans to accept contributions and make campaign-related expenditures must set up a campaign bank account at a financial institution with a branch located in the city of San Luis Obispo. B. Access to Records by City Clerk. The city clerk shall have full access at all reasonable hours to the bank’s records concerning all election campaign accounts. 2.40.060 Campaign statements. A. Required Filing Schedule. Every campaign treasurer shall file with the city clerk campaign statements as required by the provisions of the Government Code and in a format acceptable to the city clerk. B. Contents. Each state campaign statement filed shall contain the information required under the provisions of the Government Code and any contributions greater than $50. C. Filing. Each document required to be filed in this chapter shall be filed with the city clerk during business hours, and elsewhere as may be required by the Government Code. D. Publication. The city clerk shall promptly, following receipt for filing, post a copy of each campaign statement on the city of San Luis Obispo’s website for public inspection, redacting personal information in accordance with state law. The city clerk shall report on the website of any candidate and/or committee that has failed to comply by the required deadline with the campaign statement requirements pursuant to this section or state law. In addition, the city Packet Pg 211 14 clerk shall cause to be published a display ad in a newspaper of general circulation advising the public how and where to access copies of the filed campaign statements on the city of San Luis Obispo’s website, at the time mail ballots are distributed for said election. 2.40.070 Campaign signs. A. Severability. This section is a separate and severable provision of the election campaign regulations. B. Campaign Signs. Campaign signs shall not exceed three square feet per sign in residential zones and ten square feet per sign in nonresidential zones, and shall be removed no later than ten days following the election. C. Definition. “Campaign sign” means a sign intended to draw attention to or communicate a position on any issue, candidate, or measure in any national, state, local, college or university campus election, the placement of which is in conformity with Section 15.40.300 (Prohibited signs); and which otherwise is not subject to regulation under Chapter 15.40 (Sign Regulations). 2.40.080 Responsibilities of city clerk. A. Duties. In addition to any other duties required of the city clerk under this chapter, the city clerk shall: 1. Prescribe and furnish, without charge, appropriate forms for all campaign statements, documents and reports required to be filed by this chapter. 2. Determine whether required statements and declarations have been filed and, if so, whether they conform on their face with the requirements of this chapter. 3. Promptly notify all persons who have failed to file a statement in the form and at the time required by this chapter. 4. Report, in writing, apparent violations of this chapter to the city attorney. 5. Promptly, following receipt for filing, post a copy of each campaign statement on the city of San Luis Obispo’s website for public inspection. The city clerk shall report on the website of any candidate and/or committee that has failed to comply by the required deadline with the campaign statement requirements pursuant to this section or state law. In addition, the city clerk shall cause to be published one display ad in a newspaper of general circulation advising the public how and where to access copies of the filed campaign statements on the city of San Luis Obispo’s website. 6. Compile and maintain a current log of all filed statements pertaining to each reporting committee. 2.40.090 Criminal misdemeanor actions. Any person who violates any provision of this chapter is guilty of a misdemeanor. Any person who causes any other person to violate any provision of this chapter, or who aids and abets any other person in the violation of any provision of this chapter, shall be liable under t he provisions of this section. 2.40.100 Civil actions. Packet Pg 212 14 A. Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the city attorney or by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure. B. If any person files an original city campaign statement after any deadline imposed by this chapter, he or she shall pay, in addition to any other penalties provided for under this chapter, the sum of one hundred dollars per day after the deadline until the statement or report is filed. Liability may not be enforced if on an impartial basis the city clerk determines that the late filing was not willful and that enforcement of the liability will not further the purposes of this chapter. In addition, the city clerk may assess any applicable fines in accordance with state law. C. If two or more persons are responsible for any violation, they shall be jointly and severally liable. D. Any person, before filing a civil action pursuant to this section, shall first file with the city attorney a written request for the city attorney to commence the action. The request shall contain a statement of the grounds for believing a cause of action exists. The city attorney shall respond within ten days after receipt of the request indicating whether he or she intends to file a civil action. If the city attorney indicates in the affirmative and files a suit within thirty days thereafter, no other action may be brought unless the action by the city attorney is dismissed without prejudice. E. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited into the city treasury. In an action brought by the city attorney, the entire amount shall be paid to the city treasury. F. No civil action alleging a violation of any provision of this chapter shall be filed more than four years after the date the violation occurred. 2.40.110 Injunctive relief. The city attorney or any person residing in the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this chapter. 2.40.120 Cost of litigation. The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter his or her costs of litigation, including reasonable attorneys’ fees; provided, however, no costs of litigation or attorneys’ fees shall be awarded against the city. 2.40.130 Construction of provisions. A. This chapter shall be in addition to all other city and state laws applicable to municipal elections. Unless the contrary is stated or clearly appears from the context, the definitions and terms set forth in the Government Code shall govern the interpretations of terms used in this chapter. This chapter shall be construed liberall y in order to effectuate its purposes. B. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby. Packet Pg 213 14 Page intentionally left blank. 14 Meeting Date: 12/12/2017 FROM: Daryl Grigsby, Director of Public Works Prepared By: Brian Nelson, Acting Supervising Civil Engineer SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MARSH STREET CURB RAMPS PROJECT, SPECIFICATION NO. 91544 RECOMMENDATION 1. Approve Plans and Specifications for the Community Development Block Grant (CDBG) Marsh Street Curb Ramps project, Specification No. 91544; and 2. Authorize staff to advertise for bids and authorize the City Manager to award the contract if the lowest responsible bid is within the Engineer’s Estimate of $195,500. DISCUSSION This project is part of an ongoing program to increase accessibility to streets and sidewalks to all community members by constructing sidewalk curb ramps throughout the City of San Luis Obispo public rights-of-way. This work is funded by both Community Development Block Grant (CDBG) and City General funds. Sidewalk curb ramps provide access and implement state and federal accessibility requirements. Marsh Street from Archer Street to Johnson Avenue is the work area for this project since there are 31 non-compliant curb ramps, there is high pedestrian usage, and these improvements are required due to scheduled pavement improvements in the summer of 2019. This project will replace curb ramps on six corners with existing non-compliant ramps and install truncated domes at 14 other ramps. The 11 remaining corner ramps are planned to be upgraded as a component of private development projects or the paving improvements scheduled for 2019. Currently, the City is updating the inventory of known accessibility improvements and that work should be complete in the next several months. Based on current information, there are 2,436 locations at intersections where pedestrians may cross the street. Of these locations: • 703 or 29% of the locations meet current ADA standards. • 1207 or 50% of the locations already have a transition ramp that does not meet current standards. These ramps typically have steep slopes or do not have truncated domes which are used by the visually impaired. • 526 or 22% of the locations do not provide a ramp between the sidewalk and street. Currently, it is the City’s practice to prioritize curb ramp installation based on individual requests by community members with special needs and then proceeding with scheduled pavement maintenance. Packet Pg 214 15 ENVIRONMENTAL REVIEW This project uses Federal CDBG funds, and National Environmental Protection Act (NEPA) clearance has been obtained through the County of San Luis Obispo. Additionally, the project is categorically exempt from CEQA review pursuant to CEQA Guidelines Section 15301 (Existing facilities). FISCAL IMPACT This project is included in the 2017-19 Financial Plan, pages E2-132 to E2-134. The total anticipated budget needed for project construction is $236,600. The current project budget is $132,621, which leaves an additional funding need of $103,979. The variance between the current budget and the budget required by the project scope is due to construction costs that have doubled on average for curb ramp related projects since 2015, which can be attributed to an improved economy. CDBG grant funding, which comprises the majority of the current budget, has not increased relative to increasing costs. Therefore, staff recommends that additional funds be allocated from the Street Reconstruction and Resurfacing Master Account to supplement the required budget. The Street Reconstruction and Resurfacing Account currently has a balance of $1,215,175 of which approximately $700,000 is planned to be used to repair Dana Street and the intersections of Palm at Johnson and Palm at Toro. The remainder balance is anticipated to be used on the southerly portions of Broad Street near the Airport to replace pavement failures. A Budget Amendment Request will be completed at the time of contract award to transfer funding into this project’s account. Estimated Project Cost by Funding Sources Sidewalk Ramp Comstruction (99868) Streets R&R Master Account (90346) Total Construction Estimate:$132,621 $62,879 $195,500 Contingencies:$39,100 $39,100 Material Testing:$1,500 $1,500 Printing:$500 $500 Total for Project:$132,621 $103,979 $236,600 CDBG Grand Funding:$105,000 General Fund Balance:$27,621 $1,215,175 Total Current Account Balance:$132,621 $1,215,175 CDBG MARSH STREET CURB RAMPS, SPECIFICATION NO. 91544 ALTERNATIVES Deny authorization to advertise. The City Council may choose not to authorize project advertisement. This is not recommended because the CDBG Curb Ramp project is mostly supported by grant money and the project provides ADA access to City sidewalks. Packet Pg 215 15 Attachments: a - Council Reading File - 91544 Plans b - Council Reading File - 91544 Specifications Packet Pg 216 15 Page intentionally left blank. 15 Meeting Date: 12/12/2017 FROM: Derek Johnson, City Manager Shelly Stanwyck, Parks and Recreation Director Xenia Bradford, Finance Director Prepared By: Xenia Bradford, Finance Director SUBJECT: BUDGET FOUNDATION: FISCAL HEALTH RESPONSE PLAN RECOMMENDATION 1. Review and provide general direction to staff regarding proposed components and allocations for the development of a Fiscal Health Response Plan (FHRP) with final adoption of the FHRP in April 2018; and 2. Provide direction to staff to return in April 2018 with specific recommendations on the use of one-time fund balance above policy reserve including dollar allocation to fund a Section 115 Pension Trust to address long-term variability in pension costs and address unfunded liability; and 3. Review a preliminary 10-Year Capital Improvement Plan (CIP) and provide general direction to staff to return to Council in January 2018 for final review including recommendations to allocate reserves in excess of policy requirements towards community safety project. REPORT-IN-BRIEF This report has three separate sections for Council to receive and provide direction on: 1. Fiscal Health Response Plan (FHRP). 2. Pension Trust Formation using Reserves in Excess of Policy Level. 3. 10-Year CIP. The City of San Luis Obispo is committed to fiscal health and delivery of quality services to the community. Due to significant policy changes made by the California Public Employees’ Retirement System (CalPERS) to address unfunded liabilities, the City identified a need to reduce ongoing expenditures by $8.9 million (in all funds) in order to meet rapidly rising pension costs. The Budget Foundation sets general strategic direction that will lead to specific recommendations and adoption of the FHRP in April 2018. The FHRP will establish a roadmap to long-term fiscal health and financial sustainability implemented during a period of three fiscal years (2018-19, 2019-20 and 2020-21). With the development of the 2017-19 Financial Plan, the Council adopted the Fiscal Sustainability and Responsibility Major City Goal addressing long-term fiscal health. The Fiscal Sustainability and Responsibility Major City Goal includes four major work areas: 1) Economic development and responsiveness; 2) Fiscal responsibility including actions to ensure structurally balanced fiscal outlook; 3) Addressing long-term unfunded liabilities; and 4) Infrastructure Packet Pg 217 16 financing. On November 7th the Council received and filed presentation on the approach and timeline to develop the FHRP that addresses the second and third major work areas of the goal; actions to ensure a structurally balanced fiscal outlook and address unfunded liabilities. The current and anticipated fiscal challenge is driven by rapidly rising pension costs needed primarily to pay down unfunded liabilities. The City’s fiscal forecast has been extended to a ten- year timeframe to provide the Council and the community with a longer-term financial outlook. Along with the 10-year CIP, these tools provide more effective communication of the longer- term impacts of the proposed solution. The recommended solution is to reduce an ongoing budget gap of $8.9 million dollars by fiscal year 2020-21, of which $7.5 million represents the General Fund and $1.4 million represents Enterprise Funds (Water, Sewer, Parking, and Transit). The recommendations are based on long- term fiscal health analysis for each operating fund and community and staff feedback. The recommendation presented for Council consideration and detailed in the “Solution Components Recommendation” section of the report is presented by fund and outlines associated efficiencies, service level impacts, and risks associated with the solution. In order to propose a solution, staff assessed the service level impacts of meeting the $7.5 million target through General Fund operating reductions alone. Significant reductions in public safety, infrastructure maintenance, parks services, capital project delivery and other areas would be necessary so a more balanced approach that includes new ways of doing business, new revenues and employee concessions is proposed to meet the $7.5 M General Fund target. New Revenue 30% to 40% Operating Reductions and New Ways of Doing Business 30% to 40% Employee Concessions 20% to 30% The Enterprise Fund solutions totaling $1.4 M will be met through various strategies unique to each fund. The primary reliance will be on doing business differently and employee concessions. Enterprise Fund revenues are those revenue projections based on approved and historic rates and revenue growth trends. Based on the preliminary fiscal forecasts (Attachment A), it is expected that the recommended reductions and new general fund revenues will generate adequate one-time resources in the first three to five years to allocate toward a Section 115 Pension Trust. Specific recommendations for allocations to that Trust would be made by Council in April 2018, assuming Council provides direction to form such Trust. A 10-year CIP is included to introduce the City’s long-term capital improvement plans and needs. This document takes a preliminary look capital projects planned and to be funded by General Fund as well as capital projects required by the Enterprise Funds (Water, Sewer, Parking and Transit) which are funded through the funds own sources of revenue collected through various fees. Staff will return to Council in January to present the ten-year CIP in detail and seek direction regarding those long-term needs. The preliminary CIP is presented with this report to provide a thorough understanding of the long-term fiscal outlook and competing priorities. Packet Pg 218 16 DISCUSSION BACKGROUND Background: 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 Major City Goal work program includes 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. The FHRP will be presented to Council in April 2018 and is a key deliverable of this goal. Background: the Problem Like almost 3,000 other member agencies in CalPERS, the City is facing significant increases in required pension contributions. 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, Wastewater, Transit, and Parking). The City has determined that expenditures need to be reduced by approximatel y $8.9 million ($7.5 million from the General Fund and $1.4 million from the Enterprise Funds) over the next three fiscal 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 actuary specializing 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. Required pension contributions to CalPERS, 5. Continuing Local Revenue Measure (Measure G) funds used consistent with voter directive and Council policy, 6. Enterprise Funds revenue projections based on approved and historic rates and revenue growth trends. While CalPERS is the driver for the current fiscal challenge, it is not practically feasible for the City to leave CalPERS. To exit CalPERS, the City would have 30 days to meet its projected (worst case) financial obligations currently estimated to be from $377 to $495 million at the time of separation. Furthermore, the current legal framework in California restricts cities’ ability to reduce retirement benefits for current employees, as well as retirees. Lastly, the City’s contract with CalPERS forbids offering alternative retirement benefits for new employees. Packet Pg 219 16 Background: The Fiscal Context for the Problem and for the FHRP Development 1. The City Has a History of Strong Financial Management and Fiscal Policies The City continuously monitors long-term fiscal health and has a long history of strong financial management. The 2016 Fitch Credit Rating review affirmed the City’s implied default rating at AA+ and the City has received positive remarks for financial management and a quick recovery from the Great Recession (2008 -2010). Along with community engagement and prioritization of resources, long-term fiscal forecasting is an integral part of the City’s financial planning. On July 1, 2014, the City Council adopted a Financial Responsibility Philosophy as a means for promoting community health and well-being. The philosophy calls on the City to commit to fiscal responsibility through good economic times, as well as economic downturns, and focuses on the following (Attachment E: Adopted Financial Responsibility Philosophy): a. Informed Decision-making. b. Shared Responsibility. c. Increased Transparency. d. Aligned Investments. e. Diversified and Aligned Revenue Sources. Long-Term Unfunded Liabilities. f. Continued Efficiency and Effectiveness. In June of 2017, the City Council also formally adopted a fiscal policy regarding Long-Term Liabilities and Maintenance of Infrastructure. The policy prioritizes applying unassigned fund-balance due to one-time expenditure savings or one-time increases in revenue to paying down long-term unfunded liabilities and investment in infrastructure. 2. Impacts of CalPERS Lowering the Rate of Return During 2017-19 Financial Plan development, CalPERS’ latest policy change to lower the discount rate (or assumed rate of return) from 7.5% to 7% over a period of three years, negatively impacted the City’s long-term fiscal outlook. Expenditures outpace revenues starting in fiscal year 2018-19 for the General Fund and there are significant impacts to the Enterprise Funds as well. The financial forecasts and recommendations are based on current CalPERS policy and actuary analysis assumptions. In November 2017, CalPERS discussed strategies to further lower the expected rate of return or to shorten amortization period to pay-off unfunded liabilities in 20 years instead of 30 years. The decision was delayed and will likely not be finalized until February 2018. The League of California Cities along with other agency representatives have strongly urged the CalPERS Board not to take such actions due to significant implications to the participant agencies and call for a legislative reform to address the benefits. Packet Pg 220 16 3. The City’s Fiscal Forecast in General Attachment A is an updated General Fund fiscal forecast. Attachment B is an updated fiscal forecast for Enterprise Funds. The City’s fiscal forecasts and recommendations are based on the facts known today; some uncertainties are impractical and impossible to model. Significant policy and budget changes proposed at the Federal level may carry substantial impacts at the Federal, State, and local levels including potential reductions in federal dollars awarded to the City. Additionally, the longest steady but slow economic expansion since the Great Depression has created an additional challenge for economists’ analysis. The City uses multiple resources to develop its economic forecasts. The City partners with Beacon Economics to monitor the economic climate and inform financial forecasts. Beacon uses econometric analysis to take into account the macro economic climate from Federal, State and local levels. The City also contracts with HdL Companies for detailed analysis of the City’s sales tax patterns and with MuniServices for analysis of utility user’s tax trends. Overall, Beacon Economics foresees continued economic expansion. According to the Beacon Economics report prepared for the City in November 2017. Beacon Economics’ forecast represents an optimistic outlook through 2026–27 and assumes that the U.S. economy will grow at a moderate pace, much as in recent years. Because of uncertainty surrounding President Trump’s policies, there is an inherent uncertainty within this forecast. Beacon will closely monitor policies as they are announced and enacted and will adjust its economic outlook accordingly. Overall, the San Luis Obispo economy is trending in the right direction, and nothing on the immediate horizon signals a reversal of that trend. The regional labor market is tight, although employment levels have been reaching new highs virtually every month. The residential real estate market has been characterized by low inventories, which will restrict resales in the near term, but Beacon expects inventories to return to historical norms over the coming years. Fuel prices have stabilized and are trending higher, which will support growth in taxable sales. These transitory factors are expected to fade, and Beacon sees the fundamentals of the local economy remaining strong over the near term. In summary, the City’s ten-year forecasts for the General Fund and the Enterprise Funds are all constrained by the impact of rapidly rising pensions costs. Ten-year CIP needs for the General Fund that will be brought to Council in January, are not fully reflected in the General Fund fiscal forecast, which assumes current levels of allocations to CIP with slight increases assumed for maintenance needs. More detail can be found in the Fiscal Forecast analyses detailed in Attachments A for the General Fund and Attachment B for Packet Pg 221 16 Enterprise Funds. 4. Impacts of Diablo Canyon Uncertain The closure of Diablo Canyon presents an uncertain future for the San Luis Obispo County region. Diablo Canyon is a major employer in the region providing quality, high- paying jobs. Almost a year ago, Pacific Gas & Electric Company reached an agreement with the Coalition of the Cities including the City of San Luis Obispo, which would return significant funding to the region and the City to mitigate the impacts of decommissioning the plant. However, earlier this month, an administrative law judge recommended a proposed decision that would negate this settlement agreement. While the proposed decision is under review, the City continues to work toward an alternative decision and assessing strategies for economic re-alignment to mitigate the impacts of Diablo Canyon Plant closure. If a favorable decision is not reached, actions could include a request for state legislation and more specific economic and financial impact analyses of Diablo Canyon’s closure. Lastly, the Coalition of Cities and the County have been discussing how to leverage SB 968, a bill which requires the CPUC analyze the economic impacts of the Diablo Canyon’s closure. The parties are regrouping in light of the proposed decision and while the effort and intent continues to push the CPUC to approve funding through the Joint Proposal, if this effort is fruitless, the parties may proceed with a separate economic and fiscal analysis. Should an independent self-funded effort be required, Staff will return to the Coalition of Cities and the City Council for approval. FISCAL HEALTH RESPONSE PLAN FHRP: Foundational Steps in Education and Outreach In developing recommendations about the components of the FHRP staff followed several steps. First, the size of the problem was established. Second, staff provided education and outreach about the problem through community and employee workshops and presentations to various community partners. During these sessions staff were able to educate and inform the community and employees while receiving feedback. As informed by adopted Fiscal Polices (discussed above), a collaborative effort of all City departments and funds resulted in a multitude of options to achieve the objective of closing an $8.4 million ongoing budget gap. Options were carefully considered using the following criteria: 1. City policy and goal alignment. 2. Increased operational efficiencies. 3. Minimizing service level impacts to the community. 4. Can the action be fully implemented within three years? 5. Are there factors outside the City control that make the proposed action particularly risky? Packet Pg 222 16 The FHRP to be adopted in April 2018 will achieve a structurally balanced budget and continued long-term fiscal sustainability through a balanced, multi-faceted approach. The predominate ones are: 1. New Revenues 2. Operating Reductions and New Ways of Doing Business 3. Employee Concessions In conducting the analysis of how the three components could be allocated in the FHRP various scenarios were explored by staff. The “extremes” of allocating the total cost of $8.9 M to one single solution were analyzed and rejected as infeasible, impossible to achieve and/or too impactful to community service levels. Ultimately, staff is recommending a balanced approach is right for San Luis Obispo but examining the extreme scenario is important context. Upon receiving preliminary direction from Council regarding the approach and how to balance the proposed solutions, staff will work on developing the detailed FHRP. It is important to note that as this detailed plan is developed, staff will take into account the many legal requirements that must be navigated in implementing changes in the public sector. This may include regulatory requirements, ballot initiatives or further approval from the community, as well as the City’s obligation to meet and confer in good faith with its represented employee groups regarding changes to wages, hours, and/or working conditions. FHRP: Extreme Allocation Analysis Not Recommended 1. Operational Reductions and Efficiencies too Impactful at Sole Solution Even with operating reductions phased-in over the three-year period and increased efficiencies considered, service level impacts of achieving $8.9 million through this approach are severe. Under this scenario, service level impacts would include significant reductions in ongoing maintenance and capital project delivery; significant reductions in strategic initiatives for economic and community development; reduction in information technology efforts resulting in reduced transparency and decreased efficiency; significant reductions to community events, recreational activities, and public safety; and elimination of multiple community partnerships and support to a wide variety of organizations; Internal service functions would also be impacted which could expose the City to higher risk factors over legal, human resources and financial issues. Approximately 68 full-time equivalent positions would be eliminated and significant reductions to services currently provided through contract services. The chart below shows the number of full-time equivalent positions that represent $8.9 million in operating reductions by function (not by department). This is an illustration only and represents a scenario where all departments have analyzed the impact to operations based on the same relative percent share to achieve the total goal. Packet Pg 223 16 2. Revenues too Impactful as Sole Solution Similarly to solving the problem solely through operational reductions, attempting to solve it solely by increasing revenue was determined to be impractical and overly impactful on the community. Again, understanding what this extreme solution might look like provides context for the more balanced decision-making proposed. In California, State law requires voter approval for municipalities to raise revenue through taxation. General taxes require a simple majority and special taxes require a super-majority. The laws also limits municipalities’ powers to recoup expenditures through charges for services or development impact fees to the actual cost of activity. Closing the budget gap by pursuing new revenue only is risky due to the limited powers. The following revenue sources were analyzed: 1) cannabis business taxation; 2) parcel tax to cover Stormwater program cots; 3) sales tax; and 4) transient occupancy tax. Attachment D is a detailed analysis of these revenue sources and how taxation works at the local level. 3. Concessions too Impactful as Sole Solution Aligned with the City’s Fiscal Sustainability and Responsibility Philosophy and Labor Relations Objectives adopted by the Council, staff analyzed employee concessions as part of the tenant of shared responsibility between the City and its employees to share the burden of health and retirement benefit costs. Similar to considering solving the problem only through expenditure reductions or increased revenues, reducing employee compensation as the sole solution has significant service level impacts as it would be very difficult to achieve and would result in increased turnover and extraordinary recruitment challenges, all of which may prove more costly in the long term. To put this in perspective, to achieve an $8.9 million reduction, each employee would be faced with an eighteen percent (18%) reduction in employee compensation (salary and Reduction of 68 FTE too Impactful to Service Levels Packet Pg 224 16 benefits). This reduction would significantly reduce the City’s ability to attract and retain employees consistent with its compensation philosophy (Attachment E). Further, such concessions would require challenging negotiations with the City’s represented employee groups that would likely take months or even years to resolve. FHRP: A Balanced Allocation of Components is Proposed FHRP Components: General Fund Through careful analysis staff identified a solution in alignment with Council adopted fiscal policies. The solution emphasizes: 1) new ways of doing business with minimal service level impacts, 2) actions to implement immediate savings by implementing policies and actions enhancing prudent spending, 3) revenue options that are aligned with Council goals, 4) employee concessions recognizing the adopted shared responsibility philosophy and increased CalPERS costs, and 5) other operating expenditure reductions which will be developed in detail between December and April with focus on minimized impacts to the service levels provided and discussions with the community. The recommended components allocation to close $7.5 million budget gap for the General Fund are presented in ranges for Council general direction. The following ranges are proposed: New Revenue 30% to 40% Operating Reductions and New Ways of Doing Business 30% to 40% Employee Concessions 20% to 30% The solutions for the Enterprise Funds will be varied and appropriate to each fund but will include employee concessions. Packet Pg 225 16 1. FHRP Operating Reductions and New Ways of Doing Business 30% to 40% Operating reductions and new ways of doing business including operational efficiencies are estimated to reach approximately $3 million dollars over the three-year period with a reduction of approximately $1 million anticipated in fiscal year 2018-19. Staff will further analyze the following operational efficiencies and bring a detailed plan back to Council in April 2018: a. 2% Operating Program Savings The City’s financial plans rely on a 2% savings in operating programs each fiscal year. Historically, through prudent expenditure management, the City has been able to realize greater savings. Staff will continue to analyze expenditure savings, particularly in areas of commodity costs such as gas and electricity. b. Increased Investment in Sustainable Infrastructure Aligned with the Climate Action Major City Goal, staff will also pursue sustainability efforts and will consider investment in infrastructure which is expected to result in ongoing savings. 30% - 40% Packet Pg 226 16 1. Reorganizations Staff will analyze re-organization opportunities and ways of doing business differently. 2. Proactive Fiscal Management Staff will engage in proactive management and recoupment of costs through collection efforts, debt management, and investment management. 2. FHRP Employee Concessions 20% - 30% Given the increased CalPERS costs aimed at addressing the unfunded pension liability along with the Fiscal Sustainability Philosophy and Labor Relations Objectives adopted by council, employee compensation reductions need to account for a portion of the solution. In determining the appropriate “size” for this portion of the solution staff considered the viability and service impacts of operating reductions, new ways of doing business, and new revenues, and estimated compensation reductions that were less likely to exacerbate service level impacts by driving turnover and/or prohibiting recruitment. The recommendation assumes that approximately $1.7 million dollars will be achieved through employee concessions or 23% of the total target. The City recognizes its obligation to meet and confer in good faith with its represented employee groups regarding the impacts of changes to wages, hours, and/or working conditions and is committed to working in good faith with it labor groups in the event compensation modifications are determined necessary. 3. FHRP Revenue Options 30% to 40% The City major operating funds are the General Fund primarily funded by taxes and fees for services and Enterprise funds (Water, Sewer, and Parking) that fund their own operations and capital investment programs through rates. The Transit Fund is another Enterprise fund; however, transit is primarily funded through Federal and State funding with a 20-percent match from fares. In California, State law requires voter approval for municipalities to raise revenue through taxation. General taxes require a simple majority and special taxes require a super-majority. The laws also limit municipalities’ powers to recoup expenditures through charges for services or development impact fees to the actual cost of activity. There are multiple revenue options that the City could pursue. As discussed in more detail in Attachment D – there are pros and cons to each which range from uncertainty to the time in which it will take to implement taxes and attendant revenues. As there are multiple options Council direction on preferred resource is sought. The chart below depicts the availability of new revenue compared with dollar amount of revenue that is potentially available. In general the chart illustrates that larger amounts of new revenue are less available and will take a longer period of time to realize. In the left top corner are revenue options available to the City Council, which consist of elimination of current subsidies for services or City owned property subsidized rentals. Elimination of subsidies could raise over $200 thousand annually. In the middle spectrum is Economic Development that boosts the City’s ability to maintain and raise major revenues such as Sales Tax, Property Tax and Transient Packet Pg 227 16 Occupancy Tax; however, even though economic development is imperative to the region and positively impacts revenue generated, the City has less direct control over the revenue growth which is also highly impacted by larger regional, State and National facto rs. On the bottom left are the taxation revenue options discussed in this report, which can contribute to significant and attainable dollars generated but which require voter approval. Availability$ Amount Ongoing Revenue Options Eliminate policies subsidizing services provided 1.Excise Tax on Cannabis 2.Sales Tax 3.Transient Occupancy Tax 4. Parcel tax for Stormwater Economic Development Revenue Menu Staff analyzed various revenue enhancement options and the recommendation is based on the City’s fiscal policies and Council direction. 1. Cannabis Taxation - $500,000 Growing to $3 million Annually1 Following the State election and voter approval of Proposition 64, the Council held a 1 The estimate is based on preliminary research. The forecast will be further refined as information becomes available regarding restrictions and allowed cannabis activities in the city limits. The estimate reflects an assumption in fiscal year 2018-19 that development agreements would be pursued with vendors prior to placing a ballot measure to the voters. It is estimated that the revenue will increase over time as the business activities mature and will reach up to $3 million by fiscal year 2020-21. Packet Pg 228 16 study session regarding the City’s prohibition of cannabis activities within the city limits. Staff was directed to: • Monitor developments in other jurisdictions • Monitor development at the Federal level • Engage the community regarding various land use and taxation alternatives that may be appropriate; and • Return to the City Council recommendations A significant amount of public outreach has already occurred, and staff continues to monitor developments in other jurisdictions and at the State and Federal level. The City is maintaining a website to inform the public about progress on this issue, and has developed a presentation outlining some of the regulatory options available to the City. The revenue estimates included in this report are based on high level assumptions about local regulations and future business activity. Staff plans to check in with the City Council prior to April 2018 so that assumptions or recommendations included in the FHRP are in line with Council direction regarding local cannabis regulations. It is presumed, that if Council changes regulations regarding cannabis activities within the city limits, direct costs of regulation of such activities will be reimbursed through fees and permitting costs levied against cannabis businesses. Indirect costs associated with potential increased health and safety issues are difficult to estimate and staff will continue to study other’s state experiences as well as monitor regional activities. Statewide grant funding raised from State taxes are intended to help fund the indirect service impacts of cannabis. Staff has performed preliminary analysis of cannabis taxation which is estimated to be a net revenue generating activity. A more detailed analysis is included in Attachment C to this report. The recommendation is based on broad ranges of possible allowable activities and the amount of revenue that could be generated. Based on preliminary estimates, if the City allows cannabis cultivation and distribution in fiscal year 2018-19, the City could realize up to $500,000 that year, incrementally increasing to up to $3 million. The estimates are preliminary and based on all of the uses allowed by the State regulations. The actual revenues collected would depend greatly on the range and scale of activities allowed in the City. Preliminary feedback from the public outreach process indicates that retail sales, cultivation and manufacturing uses should be allowed, but with limits. As a result, staff plans to check in with the City Council prior to April 2018 so that the revenue estimates included in the FHRP are tailored to the Council’s direction regarding regulations. Under California law, the excise tax on cannabis would require a majority vote approval and could be put forth to vote with the next general election in Novemb er 2018. It is important to note that over 67% of City voters supported Proposition 64 in November 2016. Packet Pg 229 16 It is important to also highlight that uncertainty of this revenue source is high and reliance on this revenue source is associated with high level of risk. Staff will continue to develop recommendations to present to the Council with the FHRP in April 2018. 2. Storm Water Parcel Tax $1.5 million SB 231 was signed into law this past year and is part of an overall strategy to better manage water supplies as California’s water continues to be strained by climate change, continuing cycles of drought and a steadily growing population. In recent years, as California suffered through a punishing five-year drought, awareness has grown about the importance of recycling and reusing water and the damage done by polluted water runoff. SB 231 adds a missing definition of “sewer service” to state law to include storm water, which was long considered to be part of that definition until a court decision cast doubt on that interpretation 15 years ago. The measure allows local governments to finance and build projects that capture and clean storm water. Staff recommends pursuing a property-related fee to fund the storm water program. Based on a similar cost structure to Palo Alto, preliminary revenue estimates are approximately $1.5 million per year. It is recommended that these two options are further developed and presented as part of the Fiscal Health Response Plan; however, the likelihood of voter approval is currently untested. See Attachment D for further discussion. If the proposed property-related fee is approved by the voters, the timing of this action is likely to fall within 2019-20 fiscal year with the first revenue collection realized in fiscal year 2020-21. Enterprise Funds All four Enterprise Funds completed a 10-Year Fiscal Forecast similar to the General Fund. The details of that Forecast are noted in Attachment B. Below is a summary of the assumptions and findings of that 10-year review. 1. Each fund has unique challenges in addition to the CalPERS issue. For example, the long-term capital needs in Water and Sewer are a much larger issue for those Utilities than the CalPERS issue. 2. It is assumed that any concession target directed by Council would apply to the employees in the Enterprise Funds. 3. It is assumed that the Enterprise funds will not meet any CalPERS related shortfall through future rate or fee increases, beyond those already approved by Council. 4. Outside of the concession decision, Council direction is not needed at this point, for the Enterprise Funds. Each Fund manager and the Finance Department will return to Council with recommendations on how the funds will address any CalPERS and other financial issues in April 2018 and will be incorporated into the Fiscal Health Response Plan. Packet Pg 230 16 ESTABLISHMENT OF A TRUST Addressing Unfunded Liabilities: Establish Section 115 Pension Trust Fund Like many cities in California, the City’s unfunded pension liability is the driving factor for rapidly rising required pension contributions to CalPERS. Due to CalPERS policy changes and stabilization strategies to pay down the unfunded liabilities and secure assets, required contributions to CalPERS are rapidly rising. As of June 30, 2016, valuation prepared by CalPERS, the City’s outstanding unfunded pension liability is $148 million. This amount is anticipated to show approximately $165 million in total pension unfunded liability for the City once the full impact of rate of return reduction from 7 percent to 7.5 percent is reflected in actuary reports in June 20, 2018. The fiscal forecasts presented, are based on a strategy to address ongoing budget gap within three years and set funds aside to address unfunded liabilities and mitigate future rising costs. Th e financial forecasts are based on preliminary 2016-17 fiscal year-end results including one-time funds above policy reserve. In December 2017 the audited Comprehensive Annual Financial Report (CAFR) will be recorded and presented to Council in January 2018. The final findings and fund balances will then be presented to Council in February 2018 with the Mid-Year Report which will also update the Council with the latest trends in revenue and expenditures through the first six months of the current fiscal year 2017-18. With the Mid-Year Report, recommendations regarding the use of one-time funds above policy required reserves will be presented to Council and included in the FHRP presented in April 2018. There are two main strategies that can be considered by the City to address paying down unfunded liabilities and re-directing funds toward the pay-down to achieve long-term savings by investing early. 1. Accelerated payments to CalPERS using one-time funds. 2. Establishing and funding a Section 115 Pension Trust allowable by the Internal Revenue Code for the purpose of paying pension costs. Pros and Cons: Accelerated payments directly to CalPERS: Re-directing funds directly to CalPERS increases the City assets set aside for pensions within CalPERS managed plans and will be immediately reflected in the following actuary valuations. The pre-payments above required contributions would result in increased savings or interest rate earnings and decreased unfunded liabilities recorded both in the valuations and the City’s financial statements. Depending on which plan the pre-payments would be applied to, either greater overall savings and decreased unfunded liability would be achieved or greater savings in required pension contributions. CalPERS policy guides amortization schedules for asset gains and losses as well as for any adjustments to assumptions. Applying payments to plans with changes that are amortized over a Packet Pg 231 16 shorter period of time would yield more significant impacts to lower required contributions from the City but would lower overall savings in the long-term impacting unfunded liability. Vice versa, applying pre-payments to plans with longer amortization schedules, would yield greater overall savings and lower unfunded liability but will be less impactful in lowering required contributions. The savings calculations would be based on 7 percent interest rate according to CalPERS current long-term earnings expectation. The reason this analysis is important is because required contributions affect the City’s liquidity and cash-flow. CalPERS requires the City to make required contributions based on CalPERS assumptions and actuarial analysis, which directly impacts the City’s budget. Establishment of a Pension Trust: The Internal Revenue Service allows municipalities to establish pension trusts for the purpose of paying pensions according to section 115 of the Internal Revenue Code. The trust has to be established by an authorized agent. Two main providers have been active in establishing trusts: Public Financial Management (PFM) and Public Agency Retirement Services (PARS). PFM provides a more customized approach to investments; whereas, PARS provides established plans the City can join. Other jurisdictions such as Paso Robles have formed section 115 pension trusts. Staff preliminary analysis estimates a net interest earnings rate of 5 percent by placing funds in a trust. The benefit of setting funds in a trust is flexibility for the City to utilize the funds from the trust to make required contributions to CalPERS in the future. The expected interest rate is based on the provider’s past experience over approximately 10 years. The expected rate of return of 7 percent by CalPERS is a long-term interest rate expectation. The actual rate of return earned in the future will largely depend on the market conditions for both CalPERS and Pension Trust funds management provider. Also, higher risk investment strategies yield higher returns but also expose assets. The loss of assets during the Great Recession is the most significant driver for the existing unfunded liabilities. Good performance by the market and prudent management of funds, should yield similar investment return by both CalPERS and section 115 trust providers. Currently, under GASB rules, the City’s investments in section 115 trust, would not be reflected on financial statements as a reduction of unfunded liabilities but would be reflected as assets held by the City. Section 115 trust provides enhanced control of investments by the City working closely with t he trust provider. It also provides enhanced liquidity by drawing funds from the trust to make payments to CalPERS in future years as pension costs continue to rise through approximately fiscal year 2030-31. The recommendations to reduce ongoing expenditures or raise revenues in the amount of $8.9 million dollars assumes redirection of payments toward early pre-payments of unfunded liabilities to reduce future contributions to pensions, resulting in long-term savings. Staff recommends that the city form a 115 Pension Trust to maximize the City’s liquidity and ability to meet its pension obligations in the long-run. Staff will return to Council with detailed recommendations and actions to utilize one-time funds to address pension costs and capital needs and recommendations in April 2018 with the Budget Strategic Direction as part of the Fiscal Packet Pg 232 16 Health Response Plan. In the interim, staff will return with all actions necessary to establish a 115 Pension Trust. Unaudited Reserves Above Policy Requirement The CAFR is scheduled for presentation to the City Council on January 16, 2018. The citywide financial statements will present audited results for the City as of the end of fiscal year 2016 -17. The City’s auditors are currently wrapping up their analysis with the CAFR scheduled for release to the City Council and public by December 31, 2017. The City’s fiscal and budget policies set requirements for major funds to maintain operating reserves at certain thresholds. The policies also guide the use of one-time dollars above policy reserves to be applied to 1) paying down unfunded liabilities, and, 2) fund infrastructure. Analysis and recommendations for the use of one-time fund available above policy reserves will be presented with the Mid-Year Report in February 2018 and will be incorporated into the Fiscal Health Response Plan in April 2018. TEN-YEAR CAPITAL IMPROVEMENT PLAN This brief presentation of the General Fund Ten-Year Capital Improvement Plan (CIP) is merely an introduction to a more detailed discussion for Council at the January 16th, 2018 meeting. The CIP is different from the Operating Program in that Capital projects both cost over $25,000 and result in the construction, acquisition or maintenance of a physical city asset. One key point is that each Enterprise Fund has developed a Ten-Year CIP as described above. They will be addressing their needs and potential solutions in their respective Ten Year Financial Forecast. In the past Council has viewed the CIP in two formats as noted below. Financial Plan includes a two-year CIP, and a five-year forecast. Projects included in the Financial Plan are all fully funded by either General fund, Measure G, Impact Fees, grants or other sources. Long-Range CIP. All anticipated projects over approximately the 20-year horizon are included in this list. Every anticipated project, even those for which funds are not identified, are included in this list. In addition, the Long-Range CIP does not note the anticipated year of construction. The 10-Year CIP enables the Council to see at a glance all the projects identified in various planning documents approved over the last several years. The features of this 10- Year CIP are as follows: 1) Planning documents were reviewed, and all projects were included which could potentially be completed in the Ten -Year horizon. Those documents included: a) Land Use and Circulation Element, b) Area Specific Plans such as Orcutt, Margarita, etc., c) Bicycle Transportation Plan, Packet Pg 233 16 d) Mission Plaza Concept Plan, e) Downtown Concept Plan, f) Anticipated projects from the Parks and Recreation Element and Facilities Master Plan, g) Wastewater and Water Master Plans, h) Long-term Parking and Transit needs. 2) Projects were placed in their anticipated year of implementation within the 10-Year horizon. 3) Projects were classified in the following Categories: a) Annual Maintenance (projects which are included in every Financial Plan to maintain existing city assets such as street paving, storm drain replacement, sidewalk repair, parks major maintenance); b) Rehabilitation and Replacement (projects which replace or rehabilitate a city asset, such as the Marsh Street Bridge replacement); c) New Project (project which is an addition to the city inventory, the Santa Rosa Skate Park for example). The chart below outlines the costs of the preliminary 19-Year CIP. The primary purpose of the chart is to demonstrate the extent to which the City can afford Annual Maintenance, Rehabilitation or Replacement and New Projects. Staff will return with the following actions to address the CIP needs: 1. December-January. Staff will further refine the project list to reflect what reasonably can Packet Pg 234 16 be constructed in the Ten-Year time frame 2. January 16, Council review the refined list and provide direction on potential funding sources for projects which are outside existing city funding capacity 3. Within the Ten-Year CIP are several security related projects which have risen in priority as a result of the increase in deliberate and accidental threats to public gatherings. Since the City is host of ongoing public events such as Farmers Market, staff has identified Security projects which could be implemented if funds were available. Staff is recommending $1.2 million be set aside in anticipation of a specific Security CIP to be presented to Council during Mid-Year budget discussions in February 2018. COMMUNITY AND STAFF OUTREACH The City is committed to involving the community and staff in discussions about potential solutions to the financial challenges ahead. A number of outreach and engagement efforts have already been completed and will continue throughout the process. Outreach to date has included: a. Fiscal Health webpage b. E-notification category to sign up to receive updates c. Community Information Session d. Staff Information Sessions e. Several press releases, news items and social media posts resulting in media coverage f. Open City Hall topic g. Staff surveys h. Frequently Asked Questions by topic i. Regular email updates to staff All feedback received through the information sessions and Open City Hall is compiled in Attachment F. NEXT STEPS Based on Council direction, staff will further refine recommendations through community engagement and Council input. In January through March, staff will continue community engagement and return to Council for additional direction if necessary. Staff will also return to Council with a detailed review of the ten-year CIP needs assessment. Both operating and capital needs will be further analyzed based on the input and staff will return to Council with Strategic Budget Direction in April 2018 with the detailed FHRP to be implemented over the next three fiscal years, 2018-19 through 2020-21. The 2018-19 Supplemental Budget will implement the first year of the FHRP. Packet Pg 235 16 CONCURRENCES Leading to this recommendation staff held a community and employee workshops to educate and receive feedback. Public and employees also had access to the City website to submit comments and suggestions. The recommendations were developed through a collaborative citywide process and the City leadership team concurs with the recommendations. ENVIRONMENTAL REVIEW Not applicable. FISCAL IMPACT In accordance with the City fiscal policies and Fiscal Sustainability and Responsibility Major City Goal, development of Fiscal Health Response Plan is essential to achieve long-term structurally balanced fiscal outlook. Due to significant changes in pension costs, staff identified and informed the Council of the need to take action in January 2017. In accordance with general direction from Council to reduce expenditures and/or increase revenue, staff will continue to develop the FHRP to achieve a structurally balanced budget. ALTERNATIVES Council may provide staff with alternative direction and direct staff to: 1. Pursue greater or lower level of operating reductions, 2. Pursue alternative revenue sources, 3. Pursue greater or lower level of employee concessions. Further, Council may direct staff to not pursue establishment of a Section 115 Pension Trust. Council could also direct staff to return during January through March with further analysis leading to finalization of the FHRP in April 2018. Packet Pg 236 16 Attachments: a - General Fund Fiscal Forecast b - Enterprise Funds Fiscal Forecasts c - Budget and Fiscal Policies d - Revenue Options e - Compensation Philosophy Resolution No 10248 f - Info Session and Open City Hall Comments Packet Pg 237 16 1 ATTACHMENT A: GENERAL FUND FISCAL FORECAST General Fund The General Fund ten-year forecast assumptions are based on continuous slow economic growth. The General Fund’s largest sources of revenue are sales tax, representing approximately 35% of total revenues including approximately $7.5 million derived from Local Revenue Measure half cent sales tax; property tax representing approximately 15%, followed by transient occupancy tax representing approximately 10%. The forecast assumptions presume slow growth ranging from 2% to 1% growth in sales tax. The projection is based on detailed analysis by HdL and is a conservative estimate given high volatility of this revenue source with economic fluctuations. Even though sales tax trends continue to be positive for the City, increasing transfer of activity to internet sales that are not subject to sales tax have been putting pressure on sales tax derived from general consumer goods and this trend is being closely monitored. Property tax assumptions include 6% to 5% growth due to three major hotel developments in the City of San Luis Obispo that will add value to the City’s property tax roll and are also expected to positively impact the sales tax and transient occupancy tax revenue sources. Property tax growth is more conservatively estimated at 3% in the outer years due to uncertainties described earlier in this report. Transient occupancy tax growth rates over the long-run are estimated conservatively at approximately 2% based on the most recent history in this revenue source. The City will closely monitor transient occupancy trends as new hotels begin to enter the market, and will continue to proactively work on tourism enhancement through the City’s economic development program. Expenditure assumptions for the base line forecast, or “status quo scenario” that does not include recommendations to eliminate the structural budget gap, are based on a Federal Reserve Bank target inflation of 2% on annual basis applied to all operating expenditures for the General Fund. The General Fund forecast also assumes continued commitment to Capital Improvement Program and the continuation of the Local Revenue Measure beyond its sunset date of 2022. The Capital Improvement Program assumed allocation increases slightly over time to maintain the commitment of 70% of Local Revenue Measure funds allocated directly to Capital Improvement Program and 30% to operating expenditures. Labor cost assumptions for all fund forecasts are based on total compensation growth aligned with inflation and actuary analysis of pension costs including paying down unfunded liabilities as required by the City’s contract with CalPERS. CalPERS projections in the outer years beyond CalPERS valuation reports have been updated based on Bartell & Associates actuary analysis. The graph below depicts the ten-year forecast if the City “does nothing”, which means the City would continue to operate at current expenditure and revenue levels and provide the same level of services. The blue line represents total revenues and the red line represents total expenditures over- Packet Pg 238 16 2 ATTACHMENT A: GENERAL FUND FISCAL FORECAST time. The yellow line shows cumulative fund balance above or below policy reserve. As shown, if the City does not address the projected budget gap on an ongoing basis, within ten years, the City would accumulate a deficit in the General Fund exceeding $90 million. Expenditures are expected to outpace revenue starting in fiscal year 2018-19 by approximately $700,000 and exceeding $3 million by fiscal year 2020-21 or the third year of Fiscal Health Response Plan. The recommendations are based on the premise of reductions or new revenues in the first three years to reach $7.5 annually diverting the expenditures to paying down unfunded liabilities. The next graph below, shows the General Fund forecast including closing the budget gap in the amount of $7.5 by fiscal year 2020-21. The recommendation is detailed later in this report in the Recommendation section and include both reductions in expenditures and increases in revenue. The proposed strategy assumes increased payments toward unfunded liabilities in the first five years. Closing the budget gap early and setting funds aside in a pension trust will increase the City’s return on investment and enable the City to smooth out the impacts of continuously increasing required contributions to pay down unfunded liabilities by CalPERS through approximately fiscal year 2031-32. Aligned with Council adopted fiscal policies, the recommendation also includes assumptions that one-time available funds will be directed toward paying down unfunded liabilities and infrastructure. Based on current assumptions, it is estimated that the General Fund will pay into the pension trust approximately $15 million over a five-year timeframe and will use these funds in later years to pay required contributions to CalPERS. Packet Pg 239 16 3 ATTACHMENT A: GENERAL FUND FISCAL FORECAST The General Fund Forecast assumptions are based on the current levels of investment toward the Capital Improvement Program with a slight increase over time to maintain the Local Revenue Measure commitment to invest approximately 70% of this revenue toward capital. A ten -year Capital Improvement Program analysis has been prepared along with the financial forecasts and staff will return to Council in January to present the Capital Improvement Program needs for the General Fund and seek general direction for timing of deliverables and funding sources. Packet Pg 240 16 1 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS Water Fund Background The five-year forecast presented with the 2017-19 Financial Plan shows the Water fund in a positive working capital position by year five. All assumptions as known at that time for unfunded liabilities were accounted for and the capital plan began to address the need for infrastructure renewal. However, the 10-year forecast paints a picture showcasing the impact that the capital spending has on the current fund reserves and working capital as needed investments begin to outpace the revenue assumptions. If not addressed, the fund would enter a negative fund position in 2022-23 and continue the downward trend throughout the 10-year period. *unreserved WC = Working Capital minus reserves Capital Improvement Plan Based on the approved master plans, staff developed three elements to the capital improvement investment. The first scenario reflects the need of the system over the 10-year period (Need). The next scenario looks at a level of investment that staff includes in the financials in the same time period (Afforded at current rates), and the third element provides a picture of what can be realistically constructed on an annual basis (Deliverable). Packet Pg 241 16 2 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS Fiscal Health Response Staff applied fiscal health response reduction as proposed by the General Fund. The same assumptions were applied to improve the fiscal standing of the fund. However, it became apparent that the magnitude of the needed investment for capital infrastructure overrode the applied reductions. Staff therefore analyzed new revenue opportunities including an aggressive water meter replacement program and examination of its water portfolio for opportunities to sell excess water for certain periods under certain conditions. Staff believes that $1 million in new revenue commencing 2019-20 would keep the fund healthy into the future and afford the needed investment in the fund’s infrastructure. Staff was aware that the outer years will jeopardize the fund’s health at current revenues and therefore requested Council approval for a rate study in 2017. Applicable rate increases were therefore approved for 2017-18 only and the study results are scheduled to come before the City Council in January 2018. Packet Pg 242 16 3 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS *unreserved WC = Working Capital minus reserves Sewer Fund Background The Sewer Fund’s five-year forecast presented with the 2017-19 Financial Plan showed a healthy working capital as the fund prepared for the Water Resource Recovery Facility (WRRF) Project to begin in 2018-19. It included all assumptions for unfunded liabilities and the capital plan began to address the need of the wastewater collection system. However, the 10-year forecast includes needed investments in the collection systems beginning 2023-24 that are outpacing the current revenue assumptions through 2027-28. If not addressed, the fund would enter a negative fund position in 2024-25 that accelerates beyond the 10-year period. Packet Pg 243 16 4 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS *unreserved WC = Working Capital minus reserves Capital Improvement Plan As in the Water Fund, staff developed three elements to the capital improvement investment based on the adopted master plan for wastewater collection. The first scenario reflects the need of the system over the 10-year period (Need). The next scenario looks at what staff currently assumes in investment over the same time (Afforded current rates), and the third element provides a picture of what can be realistically constructed on an annual basis (Deliverable). Packet Pg 244 16 5 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS Fiscal Health Response The Sewer Fund included the reduction as proposed by the General Fund. The same assumptions were applied to improve the fiscal standing of the fund. However, the needed investment for capital infrastructure still outpaces the available funding. Staff therefore analyzed the capital plan and especially the WRRF project. At 60% design, the project now allows for a revisiting of the required funding. Staff feels comfortable that the cost estimate can be reduced to $130 million. The resulting fund picture is illustrated below. As in the Water Fund, staff was aware that future action would be required to keep the fund healthy and the current rate structure study includes the Sewer Fund with conclusion in early 2018. Packet Pg 245 16 6 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS *unreserved WC = Working Capital minus reserves Packet Pg 246 16 7 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS Parking Fund Background The Parking Fund’s five-year forecast presented with the 2017-19 Financial Plan showed a healthy working capital as the fund prepared for the Palm/Nipomo Parking Garage Project to begin in 2019-20. It included assumptions for unfunded liabilities and the capital plan began to address the need of the three-existing parking garage infrastructure maintenance needs. Parking rate increases, designed to incrementally increase over a three-year period, were adopted in August 2017. Fiscal Health Response The projected impact of the unfunded liability account on the Parking Services annual budget is $175,000 and a one-time contribution to the stabilization fund in the amount of $328,381. After consideration of available options for the Parking Fund to address the increased cost the most direct fiscal approach for the fund is through operating expense reductions in non-revenue generating categories. The Council approved multi-year rate and fine increases (2018 thru 2020) which are included in the base projections. Staffing reductions, particularly in part time employees will result in an even greater reduction in revenue due to less parking enforcement coverage on weekends and less booth attendant hours to staff the structure. Each of these services are offset by collected revenue by the employees themselves. A reduction in staffing thus results in a reduction in revenue greater than the savings and thus increases the problem. Instead, the Fund will address the shortfall by reductions in the operating line items for contract services. As an option, the Parking Fund is in a unique position where it could fund the payoff of the entire unfunded liability for this enterprise fund (approximately $2.5M) and still meet the annual working $10,116,569 $11,423,950 $5,165,650 $5,508,430 $5,790,830 $6,054,330 $6,041,070 $5,728,430 $5,257,570 $4,670,230 $3,971,010 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Parking Fund - If we do nothing Revenue Expenditures Unreserved Working Capital Packet Pg 247 16 8 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS capital reserves as well as the projected CIP projects. This might assist the General Fund in allowing some additional short-term possibilities in paying more towards the UAL. The annual savings (UAL payments) for the Fund would recoup the entire payoff in approximately 10 years. This could potentially benefit both the Parking Fund and the City’s obligation. City staff is currently reviewing that option to determine if it is a viable way to proceed. Staff will return to Council with specific recommendations regarding this approach. Transit Fund Background The Transit Enterprise Fund is anticipated to be negatively impacted by the CalPERS unfunded liability issue an average of $61,177 each year for the next ten years, totaling $672,949. For fiscal year 2016-17 Transit was a $3.7 million-dollar operation. It is anticipated to grow to $4.3 million dollars by the end of the ten-year forecast period. The CalPERS impact represents 1.6% to 1.8% of the yearly Transit Enterprise operating budget. The Unfunded Liability can be absorbed into Transit’s yearly operational costs with nominal impacts on the overall program primarily due to use of fuel and purchased transportation reductions. These costs, however, are in the context of increasingly limited regional funds along with growing service costs amongst the region’s transit operators. The unfunded liability issue could have impacts to the Capital Improvement Plans (CIP) $10,116,569 $11,489,489 $5,297,149 $5,711,109 $6,189,789 $6,652,589 $6,842,149 $6,736,049 $6,475,529 $6,102,549 $5,621,649 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 Parking Fund If we do something Revenue Expenditures Unreserved Working Capital Packet Pg 248 16 9 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS including vehicle replacement needs. These are largely unfunded in the 10-year forecast and are typically funded by Federal grants that may be limited in the future. Local matches necessary for federal grants could be impacted by this issue. If Federal funds are not forthcoming, additional operating costs for maintenance may be necessary or substantial rehabilitation will be needed. Fiscal Health Response As a matter of fiscal practice, the Transit Enterprise Fund is budgeted with maximum possible expenditures and yet very conservative revenues. Local and State revenues sources tend to be cyclical, with ups and downs, but on average 1% revenue growth is assumed each year. Meanwhile, and based on existing service contract(s), expenditures are expected to grow on average by 3% each year over the same period. Under these assumptions, there is a projected additional shortfall of around $180,000 annually that must be made up by the Transit Program’s Working Capital/Deferred Revenue; assuming no new revenue sources are realized. However, historically Transit Fund revenues have better performed than forecasted, while maximum expenses have rarely ever been fully realized. Regardless, even under the most conservative forecast, there is sufficient Transit Working Capital to sustain the fund for the next ten years under this scenario and still leave a modest balance, albeit further reduced. Like the Parking Fund, the Transit Enterprise Fund is in a unique position that it has one-time available working capital that could be used to pay off its entire Unfunded Liability upfront. This is a preferable option because there is some concern that State Transit Development Act (TDA) rules would prevent Transit from paying into a contingency fund and would require further research. Capital Improvement Plan The major challenge of the Transit Enterprise Fund is projected with regards to Transit related capital needs particularly, bus replacements. Fourteen vehicles will reach the end of their Federal Transit Administration defined “Useful-Life” within the next ten years. Without the availability of awarded (Federal or State) grants, mid-life rehabilitation of vehicle powertrains will be needed to keep these vehicles in service. Rehabs could directly require the use of Transit’s Deferred Revenue/Working Capital, creating a more dire ten-year forecast. Packet Pg 249 16 10 ATTACHMENT B: ENTERPRISE FUNDS FISCAL FORECASTS $2,642,204 $2,503,180 $2,284,750 $2,105,635 $1,922,626 $1,746,492 $1,563,931 $1,386,755 $1,202,033 $1,021,825 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Tranist Fund -If we do nothing Revenues Expenditures Unreserved Working Capital $2,810,986 $2,642,204 $2,423,580 $2,205,150 $2,026,035 $1,843,026 $1,666,892 $1,484,331 $1,307,155 $1,122,433 $942,225 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 Tranist Fund -If we do something Revenues Expenditures Unreserved Working Capital Packet Pg 250 16 1 ATTACHMENT C: BUDGET AND FISCAL POLICIES Long-Term Liabilities and Maintenance of Infrastructure The City will give priority to applying unassigned fund-balance due to one-time expenditure savings or one-time increase in revenue to pay down long-term unfunded liabilities and invest in infrastructure and equipment. Financial Responsibility Philosophy On July 1, 2014, the City Council adopted a Financial Responsibility Philosophy as a means for promoting community health and well-being. The philosophy calls on the City to commit to fiscal responsibility through good economic times, as well as economic downturns, and includes the following directives: • Informed Decision-making. The City will identify and consider immediate and long-term economic, social, and environmental impacts of all decisions considered by the Council. • Shared responsibility. The City recognizes a shared responsibility between the employee and employer to appropriately fund employee benefits, including pension benefits. Ensuring an appropriate balance is a valuable tool in attracting and retaining well qualified employees that deliver services to the community, while maintaining a long-term, sustainable, and balanced budget. • Increased Transparency. The City will conduct all business, including labor negotiations and other employee compensation matters, with transparency pursuant to all applicable laws and regulations. The City will continue to develop tools, such as key measures and dashboards that ma ke information readily available to community members in a timely and useful manner. • Aligned Investments. The City shall allocate resources in alignment with community needs and priorities for maintaining and/or adding capital projects, assets, or services . • Diversified and Aligned Revenue Sources. The City will pursue diversified revenue sources that are aligned with expenditures and community priorities. • Long-Term Unfunded Liabilities. The City will identify all long-term liabilities, including unfunded pension obligations and strive to achieve a higher funded portion of pension obligations; and shall manage all liabilities to maintain and enhance fiscal responsibility. • Continued Efficiency and Effectiveness. The City will explore and implement operational efficiencies including alternative service delivery, best management practices, and cost containment measures while preserving effectiveness. Packet Pg 251 16 1 ATTACHMENT D: REVENUE OPTIONS REVENUE OPTIONS The City major operating funds are the General Fund primarily funded by taxes and fees for services and Enterprise funds (Water, Sewer, and Parking) that fund their own operations and capital investment programs through rates. The Transit Fund is another Enterprise fund; however, transit is primarily funded through Federal and State funding with a 20-percent match from fares. In California, State law requires voter approval for municipalities to raise revenue through taxation. General taxes require a simple majority and special taxes require a super-majority. The laws also limit municipalities’ powers to recoup expenditures through charges for services or development impact fees to the actual cost of activity. Service charges are approved by the City Council and the City fiscal policies include some subsidies to programs with the most significantly subsidized activities in parks and recreation youth and elderly programs. Based on the fee study conducted in fiscal year 2016-17, the overall subsidy citywide is estimated at $200,000. The City also leases a number of City assets below the market value as strategic partnerships in the community. Several taxation revenue options, subject to voter approval, have been analyzed by staff as follows: 1. Cannabis taxation In 2016, the State of California legalized medical and recreational cannabis. Currently, the City’s ordinance prohibits all commercial activities regarding cannabis within the city limits. The City Council held a study session regarding the State legislation in March 2017 and directed staff to: 1. Monitor developments in other jurisdictions 2. Monitor development at the Federal level 3. Engage the community regarding various land use and taxation alternatives that may be appropriate; and 4. Return to the City Council with recommendations. Staff is currently monitoring activities at the local, state and federal level, and conducting a significant public outreach and community engagement effort. Recommendations for the City Council to consider will be provided later in the fiscal year. A check-in with the City Council will be necessary to ensure that any assumptions included in the FHRP are consistent and in line with Council direction regarding future cannabis regulations. If the City Council amends the City ordinance and allows cannabis activities within the City limits, such activities will need to be regulated and can also be taxed. It is assumed that the City policy will be to fully offset its regulatory efforts of such activities through fees and permits. However, it is important to note that the City will not be able to recoup potential secondary effects of the Packet Pg 252 16 2 ATTACHMENT D: REVENUE OPTIONS activities in the City at large due to potential overall demands especially on public safety services. Such secondary effects are difficult to estimate, and staff is studying the experiences from other States as well as monitoring development of ongoing regulatory changes in the State of California. The cannabis industry is new in the United States, even though the states of Colorado, Oregon, and Washington enacted similar legislations prior to California. A regulated California market for cannabis is conceptually new and different from the illegal market that has existed for years, and thus bears the risk of high uncertainty. Staff has contracted with MuniServices, a financial consultant, to provide general advice on taxation and regulation of the cannabis industry. The fiscal forecasts for revenue in the California cities that have allowed cannabis activities vary greatly. Aligned with the studies and data on cannabis activities in the other states provided by MuniServies, staff has prepared the following estimates for cannabis tax related revenue based on the assumption that the Council amends the City ordinance to allow such activities in the City limits, and that a general tax will put forth to the voters with the next general election of November 2018. Because staff does not have Council direction on draft regulations, the estimates are very preliminary and high level. The maximum total tax burden recommended is 25% to 35%. Any taxation beyond this level is considered counter-productive for a variety of reasons. The total burden applied to cannabis by the State is 16%. The City’s Local Revenue Measure of 0.5% would also apply. Thus, the total burden already imposed on the cannabis industry within the City of San Luis Obispo would be 16.5%, leaving a range of 8.5% to 18.5% for the City to consider levying additional tax burden. MuniServices recommends that this additional tax rate be set between 5% to 10%. Industry representatives advocate for a lower additional tax rate of 3% to 7%. The revenue that may be derived from allowing cannabis business activities within the City would also depend on the size and number of these businesses relative to market demand. Regional comparative data is based on Grover Beach where voters have approved cannabis taxation at the following rates: Grover Beach Commercial Medical Activities - 5% on Gross Receipts Commercial Non-Medical Activities – 10% on Gross Receipts Cultivation and Nurseries - $25.00 per sf on first 5,000 sf $10.00 per sf over 5,000 sf According to MuniServices, local commercial cannabis tax revenues are dependent on several factors. The City has control over the tax rate and the types of businesses that will be allowed to operate. However, there are a number of external factors that are outside the control of the City that must also be considered when establishing the tax rate. MuniServices recommend s that any revenue measure placed before the voters seek to authorize a tax rate range, allowing the City Council some flexibility to adjust based on a variety of factors. The following is a list of some external factors that can impact local tax revenue. Packet Pg 253 16 3 ATTACHMENT D: REVENUE OPTIONS • State level taxation • Product price fluctuations • Consumption • Competition • Ongoing unregulated sales (black market) • Competent business operators • Federal involvement • Economic impacts Selecting the initial tax rate within a range will require additional review and evaluation. An initial lower tax rate will generate less revenue per sale but could generate a larger number of sales from customers from within and outside the city. An initial higher tax rate will generate more revenue per sale but would likely limit the number of customers from outside the city and push some consumers towards the black market. Approximately half of the estimated revenue is estimated to be derived from dispensaries and half from other allowable cannabis business within the city such as cultivation and manufacturing. It is estimated that up to $3 million dollars could be realized in cannabis related revenue by fiscal year 2020-21 if the City Council moves forward with regulations and pursues voter approval for additional tax revenue. The estimate would also largely depend on the extent of cannabis business activities allowed in the city. This estimate is based on the premise of allowing all business activities allowed by State legislation, however, preliminary feedback from the community and staff work on draft regulations indicates that limits to the number of dispensaries and amount of building floor area allowed to be put to cultivation and manufacturing uses should be limited. 2. Sales Tax The fiscal forecast assumes continued citizens’ support of the Local Revenue Measure beyond Measure G sunset date in 2022. The Local Revenue Measure dollars currently generate approximately $7.5 million dollars per year that support critical Capital Improvement Program infrastructure. The California state sales tax rate is 7.25% as of January 2017. Counties and cities can charge an additional local sales tax for a total maximum allowable tax rate of 10.25%. Statutorily, Cities and Counties may add a maximum of 2% sales tax for local purposes; however, with passage of additional legislation the sales tax rate burden may be increased to 10.25% total. According to the Legislative Analyst’s Office for the State of California from 2012, “California’s Rates Range From 7.5 Percent to 10 Percent. The state’s average rate is roughly 8.5 percent, including a quarter–cent established by Proposition 30 of 2012. (This quarter–cent rate is scheduled to expire at the end of 2016.) Although California’s cities and counties have many different sales tax rates, two rates are much more common than others. As shown in Figure 8, almost two–thirds of Californians live in cities or counties with 8 percent or 9 percent rates. The Packet Pg 254 16 4 ATTACHMENT D: REVENUE OPTIONS remaining third live in places with other rates. While many rural counties have the lowest rate (7.5 percent), some of these counties contain cities with higher rates. Eight cities have the highest rate, 10 percent. (The tax rates described in this report are as of May 1, 2015.)” The sales tax rate in for the City of San Luis Obispo is 7.75%, which includes 0.5% Local Revenue Measure Sales tax. 1% of sales tax generates approximately $15 million annually. 3. Transient Occupancy Tax Currently the City of San Luis Obispo Transient Occupancy tax is 10% with an additional 2% for Tourism Benefit Improvement District. Transient Occupancy Tax rate can be adjusted by voter approval with a majority vote for general tax and super majority vote for special tax. Packet Pg 255 16 5 ATTACHMENT D: REVENUE OPTIONS 1% increase in Transient Occupancy Tax generates approximately $750 thousand annually in today’s dollars. 4. Stormwater The City of San Luis Obispo’s team-based Stormwater Program works to achieve objectives such as water quality protection, groundwater recharge, flood control, education, and compliance with an extensive regulatory permit regime promulgated by the State Water Resources Control Board. However, there is no funding put forth at the State or Federal level to support these mandated activities. At present, the City has 6.15 FTE assigned to associated flood control efforts, but actual staffing levels are approximately 9.25 FTE. In FY 2018-19, the City anticipates expending $1,275,000 on various stormwater efforts, while the Ten-Year CIP forecast shows expenditures in the $12-14 million range during years when larger capital projects are anticipated to occur. Recent research indicates three potential approaches to funding ongoing stormwater activities and associated capital improvement. These are: 1.) a revenue measure that is exempt from Prop 218 under SB 231 (Hertzberg) and AB 2403 (Rendon); 2.) a citizens’ initiative that relies on the recent 2017 court case California Cannabis Coalition v. City of Upland; and 3.) a Prop 218 balloted revenue measure that demonstrates property-related benefit. The first two of these potential approaches rely on new legislation or court case precedents, and are not yet proven pathways to a successful revenue measure, suggesting a “wait and see” approach. The City of Palo Alto recently passed a Stormwater Management Fee using the third approach, which appears as a model of best practices. If the City of San Luis Obispo were to utilize a similar methodology using “Equivalent Residential Units” based on parcel size at more conservative total rate of $9.65, this could result in annual revenue of approximately $1.5 million. Staff recommends that the City begin taking steps towards a Prop 218 balloted, property-related stormwater fee, while also monitoring the SB 231/AB 2402 option, and that funding be set aside with the 2018 Supplement to support hiring a consultant team to conduct further investigations, fiscal and legal analysis, public opinion research, and develop educational materials. This type of inter-disciplinary consultant study is estimated to cost $100,000 and the process to take two years to complete. Packet Pg 256 16 RESOLUTION NO . 10248 (2011 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S RESOLUTIONS IN CONFLIC T WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e community at all times, and supports this standard by promoting organizational values includin g customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d WHEREAS,to achieve our service standards, the City must attract and retain wel l qualified employees who exemplify our organizational values ; an d WHEREAS,fostering an environment attractive to such employees depends upon man y factors, including a competitive compensation program . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s Obispo that the City's compensation philosophy is adopted as follows : SECTION 1 .The City is committed to providing competitive compensation as part o f an overall strategy of attracting and retaining well qualified employees who exemplify ou r organizational values . SECTION 2 . The City will consider total compensation, including but not limited to , salary, health, retirement, and time off benefits . SECTION 3 .In evaluating competitive compensation, the City considers : A.Financial sustainability including the City's financial condition as reflecte d throughout the financial forecast, competing service priorities, maintenance needs, capita l improvement and other asset requirements, fund reserve levels, and revenue projections prior t o implementing changes in compensation . B.Community acceptability since taxpayers and ratepayers ultimately fund al l employee compensation . C.The "relevant labor market"that may vary depending upon classification and i s primarily defined by the geographic region (local, state-wide, or national) and key market s (municipal, other government agencies, private sector) where labor talent is found, recruite d from, and/or lost. When the relevant labor market is defined as "local"; local private sector compensation data wil l be considered along with local public sector compensation (municipal and other governmen t agencies . When the relevant labor market is statewide or national, the City will conside r compensation date for public sector agencies (municipal and other government) with severa l R 10248Packet Pg 257 16 Resolution No . 10248 (2011 Series ) Page 2 comparable demographic data points including but not limited to population, median home price , median household income, median age, median education level, services provided, an d unemployment rate . Quality of life should also be considered when selecting comparable municipal and other government agencies . D."Internal relationships"referring to the relative value of classifications to on e another as determined by the City . Classifications performing comparable duties, wit h comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment , will be valued similarly in the City's compensation structures . E.Other relevant factors may include unforeseen economic changes, natura l disasters, states of emergency, changes in City services, and changes in regulatory or lega l requirements . SECTION 4 .At least every five years, the City will evaluate its compensation structure , programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e Law . Adjustments to the compensation structure may be made as a result of this periodi c evaluation and will be done through the collective bargaining process, if applicable, or othe r appropriate Council-management processes . Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n the following vote : AYES : Council Members Carpenter, Carter and Smith, and Mayor Mar x NOES : Vice Mayor Ashbaug h ABSENT : Non e The foregoing resolution was adopted on March 15, 2011 . ATTEST : Elaina Cano City Clerk APPROVED AS TO FORM : Packet Pg 258 16 1 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS October 5th, 2017 Informational Session On October 5th, 2017, City staff held three informational sessions (two for staff and one for the public) about the City’s projected $8.9 million budget gap and potential solutions to maintain a balanced budget in the future. Members of the public and staff were encouraged to attend the event, as well as provide written suggestions for workable solutions which are provided below. When the state had a financial crisis, it relied on furloughs to help. City employees have been willing to do this, but have been denied every time. Good enough for the state…but not for SLO? Offer a “golden handshake” or an early retirement incentive. Yes, it’s a short term, one-time only solution but it will reduce the number of Tier One employees and increase the number of Tier Two and PEPPA level employees. 1) Increase retirement age into the 60’s. All retirement (full age should be moved to 62-> 64) 2) Stop all “perks” such as employee free or reduced parking 3) Provide free/secure bicycle parking and reduced bus/RTA rates for staff all The states pension reform in 2012 was incomplete, a political compromise. Suggestion: City should continue to work with other cities, The League of California cities, and to the state (Governor + State Representatives). Develop a Statewide approach to this “local government crisis” which ultimately could result in reduced services to citizens. How about floating or producing a ½% sale tax in the City for transportation such as measure J last year. This could be specified for maintenance and CIP transportation issues. There by freeing General Funds to pay CalPERS. Thanks for providing more info/background 1) Make the CalPERS program like that in the private sector. (employee contribution, vacation, health benefits, etc) 2) Police Chiefs, Fire Chiefs, City Managers, etc. should not have it so easy to come and go from City to City. This is a drain. 3) I am not sympathetic to your list of reasons for why costs are increasing. All of these have affected us in the private sector too. Where does all the “Fixed Expenses” CalPERS money go? Find & utilize local (or non-local) benefactors to sponsor existing programs/events with their private funding. Community fundraisers towards general fund…would that money go into CALPERS funding? Televised dance-a-thon?? Parks & Rec. would host it!! ☺ 1) Cancel Cola for Current Retirees. 2) Plan ahead for budget shortfalls 3) Don’t take large payouts Packet Pg 259 16 2 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS More volunteers (unpaid). Note: It is not just CalPERS that was affected by lower returns. The General Population was equally affected—whether their savings were in investments or in a bank savings account. Additional employee contributions to retirement and health plans. Although probably a drop in the bucket, consider employee rather than City funding any 401k— type retirement plan. Rationale: City employees receive retirement checks from CalPERS. Any supplemental retirement can be (should be) established and funded by the individual concerned. If citizens & rate payers are to bear part of this burden, then so should some (if not all) of the non-profits that receive City funding. There are other funding mechanisms that can pick up the difference. 1. Stop street sweep in residential areas—they sweep the middle of the street not the gutters. 2. Stop getting all consultants. 1. Sell/rent/lease unused water allocation i.e. unused naci water to communities that need water. 2. Cal Poly/Cal Poly students use 2 lot of City resources at expense or tax paying residents. Some sort of compensation from poly/students. 3. Like it or not Marijuana sales are coming-City should consider cashing in on that reserve. 4. Use Diablo closure $ dollars to make lump sum PERS payment. • Consider parks, recreation, OS & Cultural Resources consolidate-bring Nat Res/ OS & Adobe/facil. Mgmt. into P&R. Consider all P&R svcs-parks maintenance as well-&park planning-similar to transp. planning and utilities. • Why not use some City contingency funds?-> to pre-fund a retirement trust fund? • Consider consolidation/re-org of CDD -> Why 2 Div. Directors + Principle Planner in Dec. Rev—Need that many supervisors/mgmt? Consider other structures—less sloed. • Homestay registration = $ Make it easy to legally provide. • Consider increasing TOT -> Easy for public to support b/c $ comes from visitors? • Retirement (early) incentives fir staff who are “close”? • Corporate sponsorship for Daman Garcia sports fields. • How to make legalization of cannabis net revenue positive for the City? • Increase parking fees/ allow more overnight pking in structures for $$, Move one time surplus dollars into a trust fund to hedge the City’s unfunded liability “moving target” Increased fees for public noticing for large development projects. Use the City’s yearly “surplus” money to help pay down deficit. Packet Pg 260 16 3 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Retirement incentive (pay flat amount to retire by specific date) Private citizens (homeowners) save hundreds of $ a month by putting solar panels on their roof…why not the City? Lots of open space…in the corpyard, for starters—the City’s large investment in equipment could be protected from sun & rain… Parking spots & spaces in structures and on the street that offer vehicle charging for additional payment enhancing electric vehicle use & providing revenue. Stop hiring expensive consultants. Let staff do work. Open City Hall Forum In addition to the October 5th meeting date, an online forum through Open City Hall, has been available for members of the public to provide feedback and comments/suggestions regarding the Fiscal Health Response Plan. The comments below are the results of 83 participants answering the following two questions: 1. What feedback do you have about the potential components of the Fiscal Health Response Plan? 2. What ideas do you have for workable solutions to address the problem? The answers to these questions are organized below by question. The responses include both those that registered through Open City Hall and those that did not. 1. What feedback do you have about the potential components of the Fiscal Health Response Plan? I think there needs to be some adjustment to salary schedules for fire and police. When you look at salaries of City of San Luis Obispo employees One notices that fire fighters and police officers dominate the first five pages of the sallaries of employees. Lets face it San Luis is not that "rough" of a place to work. It is not like LA or Chicago etc. Additionally, the number of fires we have in SLO is not high, again not like a big city. I think we could increase age of retirement of many public safety officers to decrease Cal pers payments. Reduction of services is unacceptable. Claw back excessive pensions from every "pensioner" taking in more than $100K. GREATER EMPLOYEE CONTRIBUTION TO THEIR OWN PENSIONS IS A MUST. SLO is a member of the CA League of Cities, right?? All members are dealing with this problem !! Whatever “best practices ” are being developed within that group should be considered for adoption here!! We need to stay fiscally viable; so we may have a future for ALL of the visitors revenue Cut back on the non- essential budget items. Buying open space, re-signage in the City because someone liked the new font, etc. Focus on working with the employees to come up with Packet Pg 261 16 4 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS solutions. The employees are the experts, listen to them. Holding the retirement system over the heads of the employees is just not right. Both sides negotiate and both sides agree on contracts. The employees just gave back 7.5% a few years ago. I would like to see us stop blaming someone and start resolving the issues. Have the City merge with County to create a Health Plan, ie a local Single Payer. I am concerned that this will be insufficient to really address the issue of the unfunded liabilities. I do not believe that tax payers in the state have been given a clear explanation on how these pensions became so severely under funded. Before we funnel more and more money into this we need a complete accounting of this program. Unfortunately our state legislature can not be trusted to appropriately manage our tax dollars. Retirement benefits don't exist for the vast majority of City residents yet we are forced to pay for the wealthy City Staff to live happily ever after. Hardly equitable. Just like citizens, government should learn to live within its means. Do not spend money you do not have, and don't mortgage the future. None I am sorry this has been handed off for so many years we all new this was coming. The problem here as I see it is not the employees in this situation but the continued mismanagement of city funds by the administrators. The city continues to spend money on pet projects like buying open space, public art, rebranding, bike boulevards, fighting against plastic straws and other time and money wasting ideas. Government is supposed to provide services to the city....water, public safety and public works. Our city though thinks that they can spend money on whims to appease the vocal minority. Why not ask the city a very simple question.....When the pension system was super funded and the city was not paying its contribution, where did that money go? It is apparent the city mismanaged that part of it and instead of saving it in a fund for later they spent it. Government is a farce Operational Reductions and employee consessions are the way to go. I do not understand this question. We are not alone, as other cities face the same issues with PERS rate increase- which likely will come down again in near future as PERS recovers in the booming stock market, when all other City revenue levels are at record or near record highs-drastic measures are not prudent or fair to the citizens and businesses in town. Stop spending money Packet Pg 262 16 5 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Curtail 'feel good' programs. Highest priorities should be clean water, sewers, solid waste, and road maintenance. The city must look closely at the cause of this problem - primarily pensions plans. While steps have been taken to mitigate the future impact of pension plans, the city must look closely at drastic cuts in this area. Very few private employers are providing any sort of pension. While cutbacks have been made with the tiered pension plans, further cuts must be made in this area. Use the 'increase employee contribution' plan first and see how well it addresses the shortfall. Relunctantly, I recommend raising the SLO city sales tax See below Increase employee contributions This survey makes no sense The City should look for ways to decrease it's Pension Obligation, not just raise taxes and fees, or reducing public services. Government pensions are outrageously lucrative to the employee, and are an unfair burden to place on the taxpayers and citizens of SLO. Current City employees and retirees need to be asked to take a significant cut to their pension plan, period reduce expenses to balance budget, employees pay greater share of benefits Employees need to finance their own retirement accounts, the taxpayers cannot afford any more money for pensions for past employees, many of whom no longer live in the area The city is spending millions on new financial software. I'm not sure that software going to greatly improve staff efficiency and reduce resources usage; they'll have to prove it to me by showing the fewer number of employees in those roles. Who comes up with these ideas? It's the pensions. If nothing is done about that the problem with grow with time. Other solutions are band aids. I like that the city pays retirement and every business should I support operational reductions Not enough. I think any solution should leverage wealthy SLO community members vs low-middle income people and students living in the community. Packet Pg 263 16 6 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS I have no real experience or understanding of city government or finances, but I LOVE this city, and want to protect it from falling apart, so... The plan lacks a realistic view of what the economy will do within the next couple years, and the ancillary consequences of each option. The City must first solve the issue of a defined benefits plan which cannot be funded properly. You must move to a defined contribution plan where employees manage their own retirement and annual operating costs are known and fixed. unions must be brought to the table and benefits redefined. it is the only fair solution. Increased revenue via operations and increased employee contributions to retirement plans are the only ones that make any sense. overpaid staff, overtime allowances, pension out of control. it seems obvious Think more outside the box I would form a "consulting group" by aggressively consulting with 3-4 other similar size CA- cities who are dealing with the same issue. SLO does not have to reinvent the "wheel" here reduce spending for city employee salaries, benefits, etc.. It appears the spending level for city employees is not sustainable, and the city cannot provide needed services due to the drain of high city employees benefits and salaries. Pension plans must be renegotiated people retire younger live longer and make more money doing so on the back of the rest of the population City has plenty of revenue. Focus on cost management measures. City services are already lacking. It is not fair to punish residents for this problem. I will likely move as will other high earning families. The City is out of normals with private business which changed years and years ago. This is why there is a budget issue. The city never earned its money, and thus wastes money Cut capital improvement projects. Cut open any future open space acquisitions. Cut the plans and allocations and any work done on the bike master plan. I'm not sure what this questions means. I don't think I'm alone since a lot of responders ignored this one. Packet Pg 264 16 7 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Stop letting builders and developers buy off the City Councilmans and Board of Supervisors! This town has been ruined with all the building and traffic- drive the 101 at anytime and enjoy the parking lot it has become! Let all person's take some responsibilty for there own issues, take care of YOURSELF The plan is ultimately on the right track but it needs more stringent and aggressive goals in order to produce change. Avoids the real problem of over spending. Do the right thing for the people you work for, Prioritize employees and their promised pay and benefits before spending millions on extra and less priority items with surplus funds, such as a giant skate part, new million dollar park, or sub par repaving of LOVR. Time to prioritize the core services and start saying ‘no’ to those who want everything without being able to afford it. Operate the city like a private business would. Unfortunately this train has been on the tracks for a long time and the City is standing directly in front of it. It's kind of a cop out to blame it all on pensions. They aren't going up $9 million next year. The budget cites capital improvement projects Spend more on double decker busses, $40M buildings (gov center, airport, pet shelter, women's jail). Spend more on city managers, lawyers, studies, and on bothering the existing businesses that are trying to make a living. You need to do a better job. Cut the pensions Cut pensions Separate the pension fund and bankrupt it. Or force concessions. Reduce their benefits Multi pronged solutions of equal weight is essential to minimize adverse effects while avoiding a punitive character. Stop spending so much money Packet Pg 265 16 8 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS 1. New ways of doing business..Yes! As in, stop throwing around phrases like "Fiscal Responsibility" if you don't man them. The city needs to re-evaluate its priorities when it comes to spending. The city employees are not owners of a company who are entitled to the 'excess' from a few good years, unless they are willing to put up the capital in the bad years. The decision makers should not have written checks they can't cash. 2. Revenue Options....I don't agree with the City seeking additional revenues from residents because it made obligations it can't meet. 3. Operational Reductions...The residents shouldn't have to experience reductions in basic services. The city needs to re-evaluate its spending priorities. As example of reduction in services that doesn't directly negatively impact residents, would be reducing funds put toward attracting tourists. 4. Employee Concessions...Yes. The costs are in salaries- you have to cut salaries. You cannot "fix" your problems hoping on the mythical "pot of gold" at the end of the development rainbow 2. What ideas do you have for workable solutions to address the problem? I think there needs to be some adjustment to salary schedules for fire and police. When you look at salaries of City of San Luis Obispo employees One notices that fire fighters and police officers dominate the first five pages of the sallaries of employees. Lets face it San Luis is not that "rough" of a place to work. It is not like LA or Chicago etc. Additionally, the number of fires we have in SLO is not high, again not like a big city. I think we could increase age of retirement of many public safety officers to decrease Cal pers payments. AA monetary cap on size of pensions. They should be good pensions, but fire and police with pensions greater than $100K is just wrong, also for administrators. Cap pensions at $xx and adjust for inflation from there. I HAVE ALWAYS BELIEVED THAT CITY EMPLOYEE "COMPENSATION" (INCLUDING ALL PENSION, HEALTH BENEFITS, ETC.) SHOULD BE ON A PAR WITH THE PRIVATE SECTOR. AS A PROFESSIONAL IN THE CITY FOR 30 YEARS, I HAD TO PUT AWAY ALL OF MY OWN MONEY TO FUND MY RETIREMENT. A SIMILAR APPROACH SHOULD BE TAKEN WITH CITY EMPLOYEES. TO CONTINUE WITH A DEFINED BENEFIT APPROACH TO RETIREMENT (WHICH HARDLY EXISTS IN THE PRIVATE SECTOR) SHOULD NOT EXIST IN THE PUBLIC SECTOR (MUCH AS THE PRIVATE SECTOR REALIZED DECADES AGO). ALL OF US HAVE TAKEN A FINANCIAL HIT TO LIVE IN SLO, ESPECIALLY AS COMPARED TO THE COST OF LIVING HERE. PUBLIC EMPLOYEES SHOULD NOT BE AN EXCEPTION. THIS Might be far fetched: Charge for farmers market: lots of outta-towners visit!!!!!!!!! Collaborate for ideas Hire out our current employees’ expertise. Why can’t we have our building department, police, fire, water, offer classes in which we charge a fee. How about getting restitution for fire and police calls that are deemed intentional? How about advertising on our vehicles? Who wouldn’t Packet Pg 266 16 9 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS want to sponsor the Fire Dept’s medical department or their hose compartment? I’m sure ABC Bailbonds would love to advertise on a Police car. That’s all “free” money. Since the elite have restricted taxes on income the City should raise revenues in commercial areas. Have the City lend money to collect interest. Have the City act as developer for land converted to housing collecting rent on affordable housing. The City should supply internet services charging fair amounts for broadband. Further changes to pensions for new employees. Moving to a defined contribution program. Lower the cap on pension payout. Give employees the option to contribute for a larger retirement benefit. Address the issue of waste in these agencies - Overstaffing, outdated policies that waste money, government red tape that only causes inefficiency, actually terminating employees who do not perform. Money saved could be used to address the shortfall. As individuals we have all had to make concession and tighten our belts as we are taxed again and again. Maybe it's time for the state to do the same thing. City employees are overpaid when compared to the residents that they serve. They have become the rich robbing from the poor. General lack of accountability and efficiency. Whatever changes the city staff comes up with for you (the council) to consider, keep in mind that the stock market is approaching the end of a 10 year expansion. The likelihood of a recession in the next year is extremely high. This will have negative effects on the calpers investments and compound the pension debt SLO will be faced with. So when hearing the city staff's recommendations for how to handle the pension debt, keep in mind that we are due for a pension crisis. I would recommend getting a free 14 day trial of Real Vision TV if you want to understand what state the economy is in, and make more educated/drastic changes than what the city staff presents to you. Good luck. City jobs should be paid based on competitive market rates, not comparisons with adjacent counties. Wage increases should not be 'automatic' but based on merit. I don't understand why local government thinks they need to provide higher wages and higher benefit levels than the private sector. Benefit levels should be cut immediately to match what typical private employers are paying, not phased in over several years. Employees won't quit. They are not likely to find a better deal anywhere else in the county. If this is not handled appropriately, when the city goes bankrupt, there will be even more drastic cuts to be made. Better to make smaller ones now. I thinks there are 3 solutions: you can raise fees for everything connected to the city 2) you can spend proposition G money that was promised to the citizens. 3 I thinks it s time we bring the cost of our city goverdown and I mean the cost in all areas from newly hired park rangers maybe 1 of 2 or 3 rental inspectors cut to 2 cut salaries and redo the pension plan new hires. I am not not sure this city council has the stomach for what should be done. Packet Pg 267 16 10 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS The reality is that a lot of people on this survey just do not get it. PERS pensions are not going away and the city will not be going to a 401K system. It would take law at the legislature to make that happen and to leave PERS would cost the city dearly. The employees negotiated these benefits fairly based on industry standards to blame them is irresponsible and more blame needs to be put on the administration and their continued mismanagement of funds. Furthermore you have an elected body who cannot make a decision due to the fact that the Chamber of Commerce board think that they should have a say in city business, employee contracts and governing of the city. Too many of our elected officials need to think for themselves and if they cannot then they need to be held accountable by being recalled or thrown out of office. The employees already pay their share of the costs and its time for the city to cut out the fat throughout the city and get back to back essential services period. Allow marijuana stores in the city People are willing to work for less to live in SLO. It happens in the private sector, the same should be true for the City Gov. We don't have to pay the same amounts as other cities. It's time to start charging for parking. The zoning update should establish a parking maximum for developers. By reducing parking and realistically pricing parking, you will reduce traffic congestion while creating a sustainable revenue source. Do not eliminate transit service. A thoughtful and well balanced approach, increasing revenues by allowing Marijuana sales in town is a no brainer. Temporarily reducing spending on non essential services for the next budget cycle. Make policy to utilize future budget surpluses and/or windfalls that the City comes by be dedicated to paying down PERS obligation. Consider offering older employees some reasonable early retirement incentives and freeze position if non essential and refill with new employee in new PERS tier when appropriate. Work cooperatively with current employees to increase their contributions- within reason of what other city's are doing so not to create and exodus of quality work force who make this city the great place it is. Thank you for your consideration Stop spending money Significant employee contributions to their retirement programs. They already receive higher compensation than equivalent private sector employee Legalize and tax marijuana Reduce number of employees; cut back on all non-guaranteed pensions (for example, long term employees should get what is already promised but future payments into their plans should be reduced); reduce exorbitant public safety overtime; focus only on essential services such as road maintenance and public safety) I am a member of a public employee union, and I have to pay about 45% of the total contribution (11% of my salary) to that system. The city pays nearly 80% of the total contribution to STRS? Packet Pg 268 16 11 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Crazy!! Also, reduce the 3% formula for public safety, why do they get 50% more than other employees, and retire earlier. They are great employees with dangerous jobs but that is just too much of a perk. Also, ask employyes to contribute more to their retirement...and maybe have a two-tiered system where new employees have a less-generous pension plan. 1. Base all pensions only on base salary, not any adders due to overtime or unused sick leave and vacation. 2. Freeze existing pensions (no annual increases). 3. Increase contributions by current employees. 4. Future employees use 401k type benefit only. Reduce the city government payroll by cutting positions & departments that constitute unnecessary luxuries. Increase employees contributions and reduce operational costs City manager should be required to take a course in basis mathematics, with the goal that they learn to understand the true cost of pension plans , discount rates, etc. If prior management truly understood the math, no one would have ever agreed to the current pension scheme, as it is not sustainable even at a planned average rate of return of 7.5% (now 7%). reduce number of employees, utilize contract workers, modify retirement program, eliminate defined "benefit" plan, employees responsible for benefits, no OT. Increase employee contributions to retirement. Decrease employee wages to more properly reflect the value of the service performed. Stop setting salaries based on similar cities. The wage should be established as what is best for the citizens, not what is best for the employees. We should establish a citizen group to negotiate all future salary and benefit packages for city employees. Quit following stupid industry guidelines such as replacing computers every couple of years. Replace them when necessary. Buy used vehicles instead and make use of them longer. Nobody cares about you're brand new shiny vehicles. Lower salaries. There is no proof one city manager at 300K is any better than a city manager at 100K. Heck, you can have 3 city managers for 300K and I'm pretty sure 3 is better than one. I'm sure nothing will change except taxation of the people. It's the only thing government knows. Increase worker pension contributions significantly. Increase taxes to pay for the city. The city is great and everyone wants to live here. Assess each home $100,000 and have rent control put in so the renters don't pay for it. Fine businesses $10,000 per year for each location if they do not pay living wages and provide retirement. That way, the city can hire more people who can live here if the current businesses do not pay a fair wage. It is such a great place, everyone should be able to live and retire here. Packet Pg 269 16 12 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Get over it and make $ from marijuana sales overall, if a transition to 'portable' 401K style retirement plans could be implemented immediately, transitioning away from the current PERS system, that would be helpful. Fix a percentage of city payroll budget for safety employees and the associated PERS costs. Immediate hiring freeze, stop approval of multi-use with minimal bottom floor comercial, promote storefront marijuana shops near Poly and downtown where tourists frequent. Policing is an incredibly expensive program to run in any city, and San Luis Obispo is no different. There is a national movement, led by the likes of Black Lives Matter, Fight for 15, DAPL, and BDS to divest from institutions that cause our communities danger, and invest in what keeps us healthy. To take these movement seriously would be to take divestment from policing seriously. This is not a radical policy idea--in fact, its happening all over the country (look at Rikers Island, for example!). This would be a perfect opportunity to put progressive politics into action: divest from policing, invest in health care pensions! I love the idea of partnering with other small cities facing this, or who have successfully navigated it already. Taxing weed sounds like a great plan. Solar/wind options that would lower costs over time; more pay in by employees, raising sales tax, (is there a way to raise it on tourist focused industries?), and raising property tax on homes not being occupied by the owner (if you want to own a large portion of our town, pay into it). Allow recreational marijuana dispensaries in town. Stop the improvements for frivolous projects, stop giving breaks to residential projects, start listening to residents and pay in full the pensions earned by last workers. Tax the rich! Stop taking from people who can barely afford to live here. Defined contribution plan to replace defined benefits. no other solution will work. The compensation structure of city employees for a city with our tax revenue is highly disproportionate. We either need to increase the half cent sales tax to a full penny or really restructure the benefits packages of employees with 20+ years the city has indulged its employees for too long; your retired employees ... retire at younger and younger ages, live here when no young people can afford to and where persons employed in non city jobs cannot as well. it should be obvious. it should have been obvious decades ago. start here first, then approve marijuana and tax it , but not before you end the greed of the city employees here. Cannabis Taxes Packet Pg 270 16 13 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Contract Fire Services w/SLO County/CAL Fire will save MILLIONS & PROVIDE THE SAME LEVEL OF SERVICE. Yes. Raise employee contribution to pers. It's an excellent retirement program, but employee contribution have always been too low for the return. They should be more vested. Also look at how medium size for-profit companies employing unionized-staff are dealing with these same issues. Most have switched to 401K plans. Pay city employees lower salaries and benefits. These items are too a large portion of the city's budget, and this spending expense is not sustainable relative to city revenues Cost is mostly payroll, so need to reduce it. Cut police and fire staffing. Their cost is outrageous due to overly generous pensions. Eliminate overtime where possible. Increase employee contributions across the board. Cut management salaries. We don't need to pay City Manager in line with Beverly Hills and other "comparable" cities. Of course, you will not do any of this, so this outreach effort is just another waste of money. Increase employee contributions, reduce future pensions, band with other cities to force CALPERS and the state to live up to their obligations instead of comparing to other cities, which got SLO in trouble, compare to normal private business. No pension. Stop it now. 401K. Bring the salaries in line with private business Cut costs, increase revenue- Raise taxes, Hiring freeze. Limit work on any capital improvement. Employees should pay more into the system. After all, they are really just paying their future selves. The City should contribute more to the system. This will make it more difficult to give City employees future raises thus making their payout at retirement less. The City could curtail wasteful spending such as poorly designed bike plans (yes, Chorro Street) that residents living on those streets feel is unsafe. Stop giving the Board of Supervisors raises! Bloated salaries and benefits need to end! Easy Fix, do not allow double dippers to collect a dime Offer those who are close to collecting on CalPers another few year so of work with an incentive to spread the timeline of payment. Insure that overtime is not paid on all levels, this is simple scheduling to insure overtime does not occur. Implement expectations of performance, and make sure there is transparency between the city manager and council. Maximize city property as best possible to insure property is being utilized to its fullest. Reasses salaries offered by the city. As a local business owner we cannot compete with the rates offered by the city in many of the positions. In addition, the expectation of productivity in the workforce is laughable. There are no performance goals, there are no pressures for the city staff/employees to perform. In fact, it still holds true the stigma of getting hired by the city equates to a well paying easy going job. A Packet Pg 271 16 14 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS typical business hires based on experience and has expectations of deliverables. If not met, people are fired. The city needs to reasses what current job positions are held and where there might be overlap where salaries can be modified. While interest rates are low, float a long term bond that covers the entire shortfall. Mandate a cut in the budget. The city is crawling with unpermitted construction. Not just the little things but whole houses being remodled with no permits. I reported one but the city did nothing. Note these can be seen from the street yet crickets..... Make Marijuana sales legal. Tax it It's easy cut spending like we have to do. Cut benefits. Give higher medical copays or less coverage for a 5 year period. It's what we do have to do with our post tax money. Cut jobs. I see no other way. Cut waste where can. Prioritize government and create a hierarchy for services provided. Realize surplus funds as a way to pay down debt, rather than splurge on added burdens Cut from the top. The waste is almost always at the management level. 1. Reduce/eliminate unnecessary expenses. 2. Create new forms of revenue by tapping into areas not yet capitalized on. For example: 1. Retrofit all parking garages with smart automated tech. Eliminate staff and double the rates. Current rates are too cheap relative to the value of a downtown parking garage. Consumers will pay as long as checkout is FAST and easy. 2. Make sure all equipment using up water/energy is as efficient as possible to ensure best rates and utility expenses. 3. Sell or lease under utilized city owned property to private parties at market rate. The only way to truly address this situation is to reduce services and cap the amount of allotted overtime. Those that remain on staff should be asked to take a voluntary pay cut (especially the police department as they are the highest paid department in the county). Hold off on some capital improvements until an infrastructure bill is passed. Focus on maintaining what we have. Seek grants. Increase enterprise ventures Spend and tax. You need to do a better job. Cut the pensions Embrace recreational marijuana and thereby increase tax revenue Packet Pg 272 16 15 ATTACHMENT F: INFO SESSION AND OPEN CITY HALL COMMENTS Cut pensions As above, it is not fair that the citizens have to pay for an inflated pension. This is worse than simple bureaucratic red tape. Young tax paying families will suffer while non tax paying retired people benefit... Perfect way to kill an economy Reduce their benefits The problem must be recognized as a temporary demographic one as baby boomers retire. Reducing certain services may go unnoticed by residents. Certain types of fines should be increased in areas where compliance has not been satisfactorily achieved according to police logs and especially where the quality of life is impacted, meaning not parking fine which are already too high. More city sponsored events which generate revenue may be considered while other sacred events such as Concerts in the Plaza should remain free. Prudent investment of city funds to generate growing revenue will be essential Stop spending so much money Having the City re-evaluate its priorities with regard to spending of available resources. Cut salaries for employees making above 150k by 20%, between 100k-150k 18%, between 85K- 100K 15%, 55k-85K 10% Packet Pg 273 16 Page intentionally left blank. Packet Pg 274 16