HomeMy WebLinkAbout03-06-2018 Agenda Packet
Tuesday, March 6, 2018
5:30 PM
REGULAR MEETING
Council Hearing Room
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice
Mayor Carlyn Christianson and Mayor Heidi Harmon
PUBLIC COMMENT ON CLOSED SESSION ITEMS
CLOSED SESSION
A. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code §54956.8
Property: APN 001-052-004
Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby,
Greg Hermann, Jon Ansolabehere, Matt Horn,
Bryan Wheeler, Jake Hudson
Negotiating Parties: State of California
Under Negotiation: Price and terms of payment
Property: APN 001-131-008
Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby,
Greg Hermann, Jon Ansolabehere, Matt Horn,
Bryan Wheeler, Jake Hudson
Negotiating Parties: Thomas A. McLaughlin
Under Negotiation: Price and terms of payment
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B. CONFERENCE REGARDING PROPERTY NEGOTIATIONS
Pursuant to Government Code §54956.8
Property: APN 052-162-024
Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby,
Greg Hermann, Jon Ansolabehere, Matt Horn,
Adam Fukushima, Jake Hudson
Negotiating Parties: Corporation of the Presiding Bishop of the Church of Jesus
Christ
of Latter-Day Saints, a Utah Corporation Sole
Under Negotiation: Price and terms of payment
Property: APN 052-162-025
Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby,
Greg Hermann, Jon Ansolabehere, Matt Horn, Adam
Fukushima, Jake Hudson
Negotiating Parties: Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter-Day Saints, a Utah Corporation Sole
Under Negotiation: Price and terms of payment
ADJOURNED TO THE REGULAR MEETING OF MARCH 6, 2018 TO BEGIN AT 6:00
PM IN THE COUNCIL CHAMBER
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6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice
Mayor Carlyn Christianson and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Council Member Aaron Gomez
CITY ATTORNEY REPORT ON CLOSED SESSION
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.
1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(GALLAGHER)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
2. MINUTES OF FEBRUARY 20, 2018 (GALLAGHER)
Recommendation:
Approve the Minutes of the City Council meeting of February 20, 2018.
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3. REFUNDING OF THE NACIMIENTO WATER PROJECT REVENUE BONDS
(BRADFORD / MATTINGLY / ELKE)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, in connection with the refunding of the Nacimiento Water Project
Revenue Bonds, approving certain disclosure regarding the City and authorizing certain
actions in connection with such refunding” by the San Luis Obispo County Financing
Authority.
4. CONCRETE STREETS AND ACCESSIBILITY IMPROVEMENTS PROJECT,
SPECIFICATION NO. 91455 (GRIGSBY / NELSON)
Recommendation:
1. Approve plans and specifications for the Concrete Streets and Accessibility
Improvements Project, Specification Number. 91455; 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
$660,000.
5. FY 2018-19 GRANT APPLICATION FOR DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL (CANTRELL / ELLSWORTH)
Recommendation:
1. Authorize the Police Department to submit a grant application to the Department of
Alcoholic Beverage Control for FY 2018-19 not to exceed $30,000; and
2. Adopt a Resolution entitled “A Resolution of the Council of the City of San Luis Obispo,
California, authorizing grant applications for funding provided through the Department
of Alcoholic Beverage Control to increase education and enforcement programs
focusing on regulating retail alcohol outlets” and authorizing the City Manager to enter
into a contract with the State if funding is awarded; and
3. If the grant is awarded, authorize the Chief of Police to execute all grant related documents
and authorize the Finance Director to make the necessary budget adjustments upon the
award of the grant.
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6. EXTEND CONTRACT FOR WATER METER READING TWO ADDITIONAL
YEARS (MATTINGLY / THOMPSON)
Recommendation:
Approve a two-year contract extension with Alexander’s Contract Services, Inc. for water
meter reading services in an amount not to exceed $180,000 annually.
7. STREETS MAINTENANCE MEDIUM DUTY TRUCK WITH HOOK LIFT BED,
SPECIFICATION NO. 91600 (GRIGSBY / SHUCK)
Recommendation:
1. Authorize the Finance Director to execute a purchase order to Perry Ford of San Luis
Obispo in the amount of $101,780.65 for the purchase of one 2018 Ford F -550 outfitted
with a custom hook lift bed system; and
2. Authorize the surplus designation of Fleet Asset No. 0234 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.
8. PRADO ROAD INTERCHANGE CALTRANS COOPERATIVE AGREEMENT
(GRIGSBY / HUDSON)
Recommendation:
Approve a Cooperative Agreement with CalTrans for the Project Approval & Environmental
Document (PA&ED) phase of the Prado Road Interchange project and authorize the Public
Works Director to execute the agreement.
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PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. PUBLIC HEARING - AMENDMENT TO THE CITY’S ZONING MAP TO
DESIGNATE PROPERTY AT 1460 CALLE JOAQUIN TO BE WITHIN A
TOURIST COMMERCIAL (C-T) ZONE; CONSTRUCTION OF A NEW TWO-
STORY COMMERCIAL BUILDING; AND AN EXCEPTION TO THE CREEK
SETBACK REQUIREMENT FOR SIX (6) UNENCLOSED PARKING SPACES
(CODRON / OETZELL – 45 MINUTES)
Recommendation:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving construction of a new two story commercial building and
a creek setback exception for unenclosed parking spaces 1460 Calle Joaquin (ARCH-
3413-2016, EID-0016-2017):
a) as recommended by the Architectural Review Commission, to approve the project
architecture and design; and
b) grant a Creek Setback Exception to allow six (6) unenclosed parking spaces within a
portion of the creek setback; and
c) adopt a Mitigated Negative Declaration (EID-0016-2017).
2. Introduce an Ordinance entitled “An Ordinance of the City Council of the City Of San
Luis Obispo, California, amending the City’s Zoning Map to designate property on the
south side of Calle Joaquin, east of Los Osos Valley Road, to be within a Tourist
Commercial (C-T) Zone 1460 Calle Joaquin (RZ-0015-2017; EID-0016-2017)”
a) as recommended by the Planning Commission, amending the City’s Zoning Map to
designate the site to be within a Tourist Commercial (C-T) Zone.
10. PUBLIC HEARING - CONSIDERATION OF 2018 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS (CODRON /
VERESCHAGIN – 20 MINUTES)
Recommendation:
As recommended by the Human Relations Commission, adopt a Resolution entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, approving the
2018 Community Development Block Grant (CDBG) Program” to approve funding
allocations for $444,380 of CDBG funds for the 2018 Program Year.
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11. 2018 LEGISLATIVE ACTION PLATFORM (DIETRICK – 20 MINUTES)
Recommendation:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing the City Legislative Action Platform for 2018 and
appointing the Council Member and staff person to act as liaison between the City of
San Luis Obispo and the League of California Cities” establishing a Legislative Action
Platform for 2018; and
2. Provide direction to staff on the scope and application of the legislative platform related
to advocacy for non-legislative items or particular projects; and
3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative
liaisons between the League of California Cities and the City of San Luis Obispo.
12. URGENCY ORDINANCE REAUTHORIZING THE FEE TO SUPPORT THE
CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS
CHANNEL FACILITIES AND DECLARING SAME TO BE AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY (DIETRICK – 20 MINUTES)
Recommendation:
Adopt an Urgency Ordinance entitled “An Ordinance of the City Council of the City of San
Luis Obispo, California, reauthorizing the fee to support the City’s Public, Educational, and
Governmental (PEG) access channel facilities and declaring same to be an urgency measure
to take effect immediately” reauthorizing the fee to support the City’s public, educational,
and governmental (PEG) access channel facilities and declaring the same to be an urgency
measure to take effect immediately.
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 s ubsequent 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).
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ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, March 20, 2018 at 4:00 p.m.
and 6:00 p.m., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, San Luis
Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
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San Luis Obispo Page 1
Tuesday, February 20, 2018
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,
February 20, 2018 at 3:30 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn
Christianson, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; 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---
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CLOSED SESSION
A. 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: International Association of Firefighters Local 3523
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code § 54956.9; Name of case: Erik Baskin,
et al. v. City of San Luis Obispo; United States District Court, Central District of California
Case No. 2:16-cv-08876-DSF-JPR
RECESSED AT 3:55 P.M. TO THE REGULAR MEETING OF FEBRUARY 20, 2018 TO
BEGIN AT 4:00 P.M.
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CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
February 20, 2018 at 4:00 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn
Christianson, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; 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 HEARING ITEMS AND BUSINESS ITEMS
1. 2017-18 MID-YEAR BUDGET REVIEW
City Manager Johnson, Finance Director Bradford, and Budget Manager Ferreira provided
an in-depth staff report with the use of a Power Point presentation and responded to Council
questions.
Public Comments:
None
---End of Public Comment---
ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY
COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to:
1. Receive and discuss an update of changes in the financial position based on revised
projections for all funds for the 2017-18 fiscal year; and
2. Receive an update on Status of Major City Goals and Other Important Objectives; and
3. Adopt Resolution No. 10863 (2018 Series) entitled “A Resolution of the City Council of
the City of San Luis Obispo, California, approving changes to the 2017-18 Budget.”
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2. PUBLIC HEARING - PARK VIEW RESIDENTIAL PARKING PERMIT DISTRICT
EXPANSION
Public Works Director Grigsby and Parking Services Supervisor Fuchs provided an in-depth
staff report with the use of a Power Point presentation and responded to Council questions.
Public Comments:
Suzanne Knapp
Mark Hoffman, representing himself and residents of 363 Foothill Blvd
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE
MAYOR CHRISTIANSON, CARRIED 5-0 to adopt Resolution No. 10864 (2018 Series)
entitled “A Resolution of the City Council of the City Of San Luis Obispo, California,
modifying the Residential Parking Permit District for the Park View Area of the city,
establishing days and hours of operation of said District and time of renewal for a Parking
Permit, and Rescinding Resolution No. 8529” expanding the existing Park View Residential
Parking Permit District as shown in Exhibit A.
3. PUBLIC HEARING - REVIEW OF AN APPEAL (FILED BY OASIS ASSOCIATES
ON BEHALF OF THE SCHOTTENSTEIN PROPERTY GROUP) OF THE
ARCHITECTURAL REVIEW COMMISSION’S DECISION TO APPROVE A
MASTER SIGN PROGRAM FOR THE MADONNA PLAZA SHOPPING CENTER,
WITH A CATEGORICAL EXEMPTION FROM ENVIRONMENTAL REVIEW
EX PARTE COMMUNICATION
Noting their Ex Parte Communications regarding the project, Vice Mayor Christianson
reported having had a conversation with Representative Carol Florence, she stated that the
information provided was what was expected to be heard tonight and nothing extra; Council
Member Gomez reported having had an email exchange with representative Carol Florence,
discussion was based around tenants; Council Member Pease noted visiting the site and
having conversations with two members of the ARC to get a better sense of the descending
votes and any other history. Council Member Rivoire and Mayor Harmon reported having
no Ex Parte Communications.
Community Development Director Codron and Planning Technician Morais provided an in-
depth staff report with the use of a Power Point presentation and responded to Council
questions.
Public Comments:
Applicant Representative Carol Florence, Principal Planner with Oasis Associates
acknowledged her clients’ commitment to the City, she noted that the Sears building was
currently hosting training activities for SLO County area SWAT.
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Emily Ewer, Associate Planner of Oasis Associates representing the applicants and
appellants, provided an overview of the context surrounding the Master Sign Program, she
emphasized the partial re-development of Madonna Plaza. She noted the ARC approval to
demolish the current Sears building and replace with 3 new retail spaces.
---End of Public Comment---
Discussion ensued, direction by Council to staff to return later in the evening with an amended
motion
Item brought back at 9:55 pm with amended resolution; action taken as follows:
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER GOMEZ, CARRIED 5-0 to adopt Resolution No. 10865 (2018 Series) entitled Adopt
a resolution entitled “A Resolution of the City Council of the City of San Luis Obispo,
California, denying an appeal of the Architectural Review Commission decision to approve a
Master Sign Program for Madonna Plaza as presented in the City Council agenda report and
attachments dated February 20, 2018 (257 Madonna Road APPL-1310-2017)” with a categorical
exemption from environmental review. As amended:
To strike section 1, #4.
As conditioned, restricting the additional square footage for the secondary sign of the tenant
of building K is appropriate, because the request for additional square footage would
constitute a grant of special privilege inconsistent with the intent of the sign regulation.
And add condition to section 3 to read:
Section 3. Action. The city council does hereby deny, in part, and uphold, in part the appeal
of the architectural review commission’s decision (appl-1310-2017), based on the following
action:
Condition Number 1 of Architectural Review Commission resolution ARC-1025-2017, shall
incorporate the following modifications to a revised sign program subject to the approval of the
community development director prior to building permit issuance:
Major tenant primary wall sign
A. Total sign square footage shall not exceed 175 square feet
B. Eliminate maximum letter height
RECESSED AT 5:40 P.M. TO THE REGULAR MEETING OF FEBRUARY 20, 2018 TO
BEGIN AT 6:00 P.M.
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CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
February 20, 2018 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 Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn
Christianson, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Carrie
Gallagher, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Vice Mayor 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 and
B.
PRESENTATIONS
4. PROCLAMATION - LUKE FOX’S EXEMPLARY SERVICE
Mayor Harmon presented a Proclamation to Luke Fox for his exemplary service and
steadfast commitment to the City of San Luis Obispo.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Sara McAir
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 5 thru 10.
Consent Agenda Item 11 was pulled by Council Member Rivoire for separate consideration
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ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL
MEMBER GOMEZ, CARRIED 4-1 (PEASE NO) to approve Consent Calendar Item 11 as
amended: amendment to attached plan as adopted by Reso No.10866 (Exhibit A) to include: An
additional item for phase 1 with addition of a 5th bullet point to read:
Further evaluate Broad, Mission, Chorro and Lincoln Streets to determine if a class III shared
street with calming and diversion on Broad St. coupled with measures to mitigate impacts on
Lincoln and other streets is acceptable to the community and if a solution cannot be developed to
achieve multi-modal goals, return with a plan for protected bikeways.
Delete 1st bullet in phase 2 and replace with:
Implement design for Broad, Mission, Chorro and Lincoln Streets develop in phase 1.
5. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
6. MINUTES OF OCTOBER 24, 2017, JANUARY 16, 2018 AND FEBRUARY 6, 2018
CARRIED 5-0, to approve the Minutes of the City Council meetings of October 24, 2017,
January 16, 2018 and February 6, 2018.
7. FY 2019 GRANT APPLICATION FOR OFFICE OF TRAFFIC SAFETY GRANT
PROGRAM
CARRIED 5-0, to:
1. Authorize the Police Department to submit a grant application to the Office of Traffic
Safety for a FY 2019 Selective Traffic Enforcement Program (STEP) not to exceed
$100,000.
2. If the grant is awarded, authorize the Chief of Police to execute all grant related documents
and authorize the Finance Director to make the necessary budget adjustments upon the
award of the grant.
8. ORDINANCE ADOPTION - PROHIBITING THE USE OF CITY FUNDS FOR
SPECIFIED PLASTIC BOTTLED BEVERAGES
CARRIED 5-0, to adopt Ordinance 1644 (2018 Series) entitled “An Ordinance of the City
Council of the City of San Luis Obispo, California, adding Section 3.24.075(F) to the
Municipal Code in compliance with recently adopted Chapter 8.07 regulating Single-Use
Plastic Beverage Bottles And Single-Use Plastic Beverage Containers.”
9. WATER RESOURCE RECOVERY FACILITY PROJECT UPDATE AND
PROGRAM MANAGEMENT SERVICES CONTRACT AMENDMENT
CARRIED 5-0, to:
1. Approve a contract amendment with Water Systems Consulting, Inc. for $1,124,453 for
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completion of Phase 3 Program Management Services for the Water Resource Recovery
Facility Project, Spec. No. 91219; and
2. Approve transfer of $1,124,453 from the Sewer Fund working capital for the WRRF
project to the project account.
10. ANNUAL REVIEW OF INVESTMENT POLICIES AND RECOMMENDATIONS
AND AMENDMENT TO INVESTMENT OVERSIGHT COMMITTEE
MEMBERSHIP
CARRIED 5-0, to:
1. Approve changes to the investment manual in accordance with the annual Investment
Oversight Committee recommendations; and
2. Approve amendment to the Investment Oversight Committee membership.
11. ANHOLM BIKEWAY PLAN
CARRIED 4-1 (PEASE NO), to adopt Resolution No. 10866 (2018 Series) entitled “A
Resolution of the City Council of the City of San Luis Obispo, California, adopting the
modified Anholm Bikeway Plan.” Amended to attached plan as noted in above motion.
Public Comments:
Garret Otto
Ken Kienow
Gary Havas
Melanie Mills
Steve Klisch
Lea Brooks
Tawny Sterios
Richard Schmidt
Kim Bisheff
---End of Public Comment---
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JOINT MEETING WITH THE PUBLIC FINANCING AUTHORITY
Mayor/Chair Harmon called a Joint City Council/Public Financing Authority Meeting to order at
7:10 p.m., with all Council/Authority Members present.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
12. CITY APPROVING THE SALE OF THE LEASE REVENUE REFUNDING BONDS,
SERIES 2018, EXECUTION OF BOND DOCUMENTS AND RELATED ACTIONS
Finance Director/Treasurer/Controller Xenia Bradford 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 VICE
MAYOR CHRISTIANSON, CARRIED 5-0 to: Adopt Resolution No. 10867 (2018 Series)
entitled “A Resolution of the City Council of the City of San Luis Obispo, California,
authorizing the issuance, sale and delivery of San Luis Obispo Public Financing Authority
Lease Revenue Refunding Bonds; the execution and delivery of a Continuing Disclosure
Certificate, a Site Lease, a Facility Lease, and a Bond Purchase Agreement; the preparation
and distribution of a preliminary and a final Official Statement relating to the aforesaid
bonds; and certain other actions in connection with such transactions.”
PUBLIC FINANCING AUTHORITY APPROVING THE SALE OF THE LEASE
REVENUE REFUNDING BONDS, SERIES 2018, EXECUTION OF BOND
DOCUMENTS AND RELATED ACTIONS
ACTION: MOTION BY AUTHORITY MEMBER PEASE, SECOND BY VICE
CHAIR CHRISTIANSON, CARRIED 5-0 to: Adopt Resolution No. 10868 (2018 Series)
entitled “A Resolution of the Governing Board of the San Luis Obispo Public Financing
Authority, California, authorizing the issuance, sale and delivery of San Luis Obispo Public
Financing Authority Lease Revenue Refunding Bonds; the execution and delivery of a Trust
Agreement, a Site Lease, a Facility Lease, and a Bond Purchase Agreement; the preparation
and distribution of a preliminary and a final Official Statement relating to the aforesaid
bonds; and certain other actions in connection with such transactions.”
THE PUBLIC FINANCING AUTHORITY ADJOURNED AT 7:20 P.M. THE REGULAR
MEETING OF THE CITY COUNCIL RECONVENED AT 7:21 P.M.
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STUDY SESSION ITEMS
13. OVERVIEW OF PROPOSED DRAFT CANNABIS REGULATIONS
Community Development Director Codron and Associate Planner Cohen provided an in-
depth staff report with the use of a Power Point presentation and responded to Council
questions.
Mayor Harmon departed the dais at 7:20 p.m., she returned at 7:26 p.m.
RECESS
Council recessed at 8:11p.m. and reconvened at 8:23p.m., with all Council Members present.
Public Comments:
Brandon Martinez
Jay Gobbi
Alan McAfee
Trevor Howell
Joe Johnson
Eric Powers
Megan Souza
Ted Fitzgerald
Nico Pitchon
Conor Stephen
Armin Bandari
Tami Peluso
Sean Donahoe
Jody Belsher
John Belsher
Craig Steffehs
Mila Vujovich-La Barre
---End of Public Comment---
By consensus, Council directed staff to take public testimony, receive and file the
presentation, and provided the following direction to staff:
• Allow commercial cannabis businesses in the City
• Limit the number of retail storefronts to 3 (Adult Use & Medical)
• Council supported a range of license types
• Request to re-evaluate and explore the need for buffers from cannabis businesses and if
all businesses needed a buffer
• Council was cautious about allowing certain types of concentrates, concern about non -
medical concentrates
• Zero Net Energy, specific to cultivation, should be included at the beginning of the
business
• Council supported energy efficiency and water efficiency as incentives in the vendor
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review process
• Council communicated that daytime hours of operation with limited evening hours were
reasonable
• Council Members don’t support on-site consumption at this time
Additional comments included:
• Consider upper Monterey as part of Downtown for zoning restriction purposes
• Look into whether there are other businesses in the City use volatile manufacturing
practices
• Consider incentivizing organic growers and;
1. Prepare draft regulations based on direction provided by the City Council with input from
the community and Planning Commission, and return to the Council on May 1, 2018,
with the resolutions and ordinances necessary to adopt Cannabis Regulations; and
2. Return to the City Council at a future meeting for approval of a Request for Proposals
(RFP) to identify a consultant to process applications and establish a list of eligible
cannabis business operators.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Council Member Rivoire reported having attended the Central Coast Coalition and the National
Association of Regional Conference (NARC), both SLOCOG lobbying opportunities to fight for
local control and long-term existence of MPO’s.
Council Member Pease requested Council support to agenize the current City dog barking
ordinance in order to make minor modifications and amendments to it. City Manager Johnson
stated this item can return before Council within 6 months. Vice Mayor Christianson and Mayor
Harmon both voiced support. The item will return at a future meeting.
Mayor Harmon reported holding pop up Democracy events to discuss issues surrounding
cannabis and stated that she plans to hold two similar events on homelessness in April; she noted
an upcoming neighborhood walk; she spoke at several Cal Poly events and rode to Pacheco
Elementary School with a local resident and his young son to gain firsthand experience; she
noted having attended a Central Coast Regional CalPers and pension challenges conference with
City Manager Johnson. Mayor Harmon noted her intent to highlight local artists through a
Council Chamber rotating arts program in conjunction with the Arts Museum. She noted future
event plans to partner with City Manager Johnson to deliver a State of the City address in the
Community Room at the Library.
ADJOURNMENT
The meeting was adjourned at 10:10 p.m. The next Regular City Council Meeting is scheduled
for Tuesday, March 6, 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.
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San Luis Obispo City Council Minutes of February 20, 2018 Page 12
__________________________
Carrie Gallagher, CMC
City Clerk
APPROVED BY COUNCIL: XX/XX/2018
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Meeting Date: 3/6/2018
FROM: Xenia Bradford, Finance Director
Carrie Mattingly, Utilities Director
Prepared By: Brigitte Elke, Utilities Business Manager
SUBJECT: REFUNDING OF THE NACIMIENTO WATER PROJECT REVENUE BONDS
RECOMMENDATION
Adopt a resolution approving certain disclosures regarding the City and authorizing certain
actions in connection with the refunding of a portion of the Nacimiento water project revenue
bonds by the San Luis Obispo County Financing Authority.
DISCUSSION
Background
The City of San Luis Obispo has been a member of the Nacimiento Water Project since August
2004. The physical features of the project include a pump station, two intermediate pump
stations, three storage tanks, a control system, and approximately 45 miles of transmission
pipeline ranging from 36- to 12-inches in diameter, with the ability to deliver 15,750 acre-feet of
raw water each year to communities within the County. The Nacimiento Project became
operational on January 7, 2011.
In order to fund construction of the improvements needed to make the water project operational,
the San Luis County Financing Authority issued $157,845,000 in Nacimiento Water Project
Revenue Bonds, (2007 Series A) and $38,565,000 in Nacimiento Water Project Revenue Bonds
(2007 Series B) on September 26, 2007 that were supported by the contributions of the project’s
members: City of San Luis Obispo, Atascadero Mutual Water Company, City of Paso Robles,
Templeton Community Services District, County Service District Service Area 10, Zone A, and
the County Flood Control District.
Once the bonds were issued, each participating agency was allocated a portion of the debt and
assigned an annual contribution to service that debt. The City’s share of the total annual debt
service payment of $12.7 million is $4.7 million or 37%. In 2015, the Financing Authority
refinanced a portion of the existing debt (total outstanding is $147.5 million) in order to generate
savings for the participants. At that time, only 95% (by maturity) of the callable 2007 Series A
Bonds were refinanced. The County Flood Control District, which operates the pipeline and
administers the contracts between the participating agencies, is now looking to refinance the
remaining 2018-2038 maturities (5% by maturity) and the 2039 and 2040 maturities with 2018
refunding bonds.
As with the 2015 refinancing, the action requested here will provide the City’s concurrence to
move ahead with the debt financing when and if the required savings level is attainable. It is
important to note that the City is not issuing this debt but will be obligated to continue making
payments under the existing Take or Pay Water Service Agreement that was entered into at the
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time the City joined the Nacimiento project.
The resolution (Attachment A) provided along with this agenda item authorizes the release of a
Preliminary Official Statement and approves the form of the Disclosure Agreement. (Attachment
B) The first document contains information about the City and specifically about the Water
Enterprise Fund and its operations. The second document establishes the content of future reports
that the City will be required to provide for use by the bond market as a means of providing
updates on the status of the Water Fund’s ability to continue making its payments to the Project.
The resolution also identifies the City Manager and the Director of Finance as Authorized
Representatives of the City to act on its behalf and execute documents related to the refinancing
as needed.
CONCURRENCES
The Finance Department along with Utilities staff have reviewed the details of the proposed
refinancing and concur that it should be allowed to move forward, contingent upon its ability to
generate net present value savings of at least 3%.
FISCAL IMPACT
If the refinancing is completed, it will generate at least 3% net present value savings. The
potential annual cash flow savings for the City are expected to be approximately $80,000.
ALTERNATIVES
The City Council could decline to approve the City’s participation in the refinancing, however
this would prevent the entire transaction from moving forward, since the City has responsibility
for the largest portion of the debt (60%). This is not recommended since the refinancing is
intended to generate annual cash flow savings that benefit the Water Enterprise Fund and
ultimately the City’s ratepayers.
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Draft Preliminary Official Statement- Form of Disclosure certificate is located at page D-23.
Attachments:
a - Naci Debt Refinance Resolution
b - Council Reading File - Draft Preliminary Official Statement
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R ______
RESOLUTION NO. _____ (2018 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, IN CONNECTION WITH THE REFUNDING OF THE
NACIMIENTO WATER PROJECT REVENUE BONDS, APPROVING
CERTAIN DISCLOSURE REGARDING THE CITY AND AUTHORIZING
CERTAIN ACTIONS IN CONNECTION WITH SUCH REFUNDING
WHEREAS, the City Council (the “Council”) of the City of San Luis Obispo (the “City”) has
heretofore entered into a Nacimiento Project Water Delivery Entitlement Contract (the “Delivery
Contract”) with the San Luis Obispo County Flood Control and Water Conservation District (the
“District”), in connection with the Nacimiento Water Project (the “Project”) for the supply of additional
water for the use and benefit of the lands and inhabitants served by the City; and
WHEREAS, on September 26, 2007, the SLO County Financing Authority (the “Authority”)
issued $157,845,000 Nacimiento Water Project Revenue Bonds, 2007 Series A (the “2007A Bonds”)
and $38,565,000 Nacimiento Water Project Revenue Bonds, 2007 Series B (Taxable) (the “2007B
Bonds,” and together with the 2007A Bonds, the “2007 Bonds”) in order to finance the Project; and
WHEREAS, on August 19, 2015, the Authority issued $107,115,000 Nacimiento Water Project
Revenue Refunding Bonds, 2015 Series A (the “2015A Bonds”) in order to refinance a portion of the
2007A Bonds; and
WHEREAS, the District and the Authority have determined that it is necessary and desirable to
proceed with the refunding of all or a portion of the remaining 2007A Bonds (the “Bond Issue”) through
the issuance and sale of Municipal Obligations (as defined in the Delivery Contract); and
WHEREAS, in connection with such refunding, the Council has been presented with a form of
Preliminary Official Statement, together with an appendix containing statistical and other descriptive
information regarding the City (the “Appendix”) and a form of Continuing Disclosure Agreement (the
“Continuing Disclosure Agreement”); and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The Underwriter is authorized to use a Preliminary Official Statement and Official
Statement, each containing an Appendix A (or a revised form thereof) describing certain statistical and
other information of the City in the marketing and sale of the Authority’s Refunding Revenue Bonds
(the “Bonds”), based upon information provided and to be provided by the City, with such changes from
the form of Preliminary Official Statement submitted to this City Council as the City Manager, Director
of Finance, or a designee thereof (each, an “Authorized Representative”) may determine to be in the best
interests of the City. The City shall be responsible for notifying the Authority and the Underwriter
should any information regarding the City in said Appendix materially change from the time of
submission to the closing date of the Bond Issue.
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Resolution No. _____ (2018 Series) Page 2
R ______
SECTION 3. The form of Continuing Disclosure Agreement presented to and reviewed by this
meeting of the City Council is hereby approved, and the Authorized Representative of the City is hereby
authorized and directed to execute and deliver a Continuing Disclosure Agreement, substantially in the
form presented to and approved at this meeting of the Council, with such changes therein as the
Authorized Representative and the District may approve, such approval to be evidenced by the signature
of said Authorized Representative.
SECTION 4. In accordance with SB 450, good faith estimates of the following have been
obtained from the Underwriter and are set forth on Exhibit A attached hereto: (a) the true interest cost of
the Bonds, (b) the sum of all fees and charges paid to third parties with respect to the Bonds, (c) the
amount of proceeds of the Bonds expected to be received net of the fees and charges paid to third parties
and any reserves or capitalized interest paid or funded with proceeds of the Bonds, and (d) the sum total
of all debt service payments on the Bonds calculated to the final maturity of the Bonds plus the fees and
charges paid to third parties not paid with the proceeds of the Bonds.
SECTION 5. The Authorized Representatives of the City are hereby authorized and directed,
for and in the name and on behalf of the City, to do or cause to be done a ny and all things and take any
and all other actions in support of the issuance of the Bonds, including, without limitation, the execution
of certificates and ancillary documents and the delivery of opinions on behalf of the City as may be
reasonably required by the District, which they, or any of them, deem necessary or advisable in order to
consummate the purposes described herein.
SECTION 6. This resolution shall take effect immediately upon its adoption.
[Remainder of page intentionally left blank.]
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Resolution No. _____ (2018 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 _____________________ 2018.
Mayor Heidi Harmon
ATTEST:
________________________________
Carrie Gallagher
City Clerk
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Resolution No. _____ (2018 Series) Page 4
R ______
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San
Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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A-1
EXHIBIT A
GOOD FAITH ESTIMATES
The following information was obtained from Raymond James & Associates, Inc., as the
underwriter of the SLO County Financing Authority Nacimiento Water Project Revenue
Refunding Bonds, 2018 Series A (the “Bonds”), and is provided in compliance with Senate Bill
450 (Chapter 625 of the 2017-2018 Session of the California Legislature) with respect to the
Bonds:
It should be noted that the following information constitutes good faith estimates only as
of February 7, 2018. The actual interest cost, finance charges, amount of proceeds and total
payment amount may vary from the estimates below due to the timing of Bond sale, the amount
of Bonds sold, the amortization of the Bonds sold, and prevailing market interest rates at the time
of each sale. The date of sale and the amount of Bonds sold will be determined by the Authority
and the District based on need for project funds and other factors. The actual interest rates at which
the Bonds will be sold will depend on the bond market on the date and at the time of the sale. The
actual amortization of the Bonds will also depend, in part, on market interest rates on the date and
at the time of the sale. Market interest rates are affected by economic, national, international, and
other factors beyond the control of the Underwriter, the Authority, or the District.
1. True Interest Cost of the Bonds. Assuming the maximum aggregate principal
amount of the Bonds authorized ($30,000,000) are sold and based on market interest rates
prevailing at the time of preparation of this information, a good faith estimate of the true interest
cost of the Bonds, which means the rate necessary to discount the amounts payable on the
respective principal and interest payment dates to the purchase price received for the Bonds, is
3.73%.
2. Finance Charge of the Bonds. Assuming the maximum aggregate principal amount
of the Bonds authorized ($30,000,000) are sold and based on market interest rates prevailing at the
time of preparation of this information, a good faith estimate of the finance charge of the Bonds,
which means the sum of all fees and charges paid to third parties (or costs associated with the
Bonds), is $576,840.31, as follows:
a) Underwriter’s Discount $134,975.00
b) Credit Enhancement 90,090.33*
c) Bond Counsel and Disbursements 85,000.00
d) Underwriter’s Counsel and Disbursements (Disclosure) 75,000.00
e) Financial Advisor and Disbursements 45,000.00
f) Rating Agencies 59,500.00
g) Other Expenses/contingency (Trustee, Trustee’s Counsel, Printer,
demographic information, etc.)
87,274.98
_________________
* A municipal bond insurance policy with respect to the Bonds will be obtained only if economically advantageous
to the Authority as determined by an Authorized Officer of the Authority.
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A-2
3. Amount of Proceeds to be received. Assuming the maximum aggregate principal
amount of the Bonds authorized ($30,000,000) are sold and based on market interest rates
prevailing at the time of preparation of this information, a good faith estimate of the amount of
proceeds expected to be received by the Authority for sale of the Bonds less the finance charge of
the Bonds described in 2 above and any reserves or capitalized interest paid or funded with
proceeds of the Bonds, is $28,536,325.14.
4. Total Payment Amount. Assuming the maximum aggregate principal amount of
the Bonds authorized ($30,000,000) are sold and based on market interest rates prevailing at the
time of preparation of this information, a good faith estimate of the total payment amount, which
means the sum total of all payments the Authority will make to pay debt service on the Bonds plus
the finance charge of the Bonds described in paragraph 2 above not paid with the proceeds of the
Bonds, calculated to the final maturity of the Bonds, is $45,045,163.
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Meeting Date: 3/6/2018
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Brian Nelson, Acting Supervising Civil Engineer
SUBJECT: CONCRETE STREETS AND ACCESSIBILITY IMPROVEMENTS PROJECT,
SPECIFICATION NO. 91455
RECOMMENDATION
1. Approve plans and specifications for the Concrete Streets and Accessibility Improvements
Project, Specification Number. 91455; 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
$660,000.
DISCUSSION
Background
The City’s Pavement Maintenance Plan (Pavement Plan) was adopted by the City Council on
April 14, 1998. A key element of the Pavement Plan is the establishment of a rotating and
methodical approach to ensuring all areas of the City receive regular preventative or corrective
maintenance. The City has applied this approach to asphalt streets, which represent over 99% of
City streets. This routine maintenance approach was not suitable to the City’s concrete streets,
however, due to the relative longevity of concrete pavement and high costs of concrete
maintenance. As a result, the City has several concrete streets which have never received
maintenance. Furthermore, the City’s most recent Pavement Condition Survey indicated that,
while overall Pavement Condition Index (PCI) has increase from 72 to 73; the concrete streets
have declined to 35.
Three concrete intersections included in this project have been identified as in need of attention.
The intersections include Dana and Nipomo, Palm and Toro, and Palm and Johnson. These
intersections are very uneven and present a challenge to pedestrians crossing the street,
particularly those with mobility limitations. This project will allow for complete reconstruction
of these intersections, including upgraded new curb ramp facilities, without impacting funding
for regularly planned neighborhood paving. The new intersections will be safer and more
accessible. Additionally, Dana Street, which is in poor condition, will receive an asphalt concrete
overlay which will remove surface irregularities, seal cracks, and bring the roadway back to
excellent condition.
Completion of the Concrete Streets and Accessibility Improvements Project will enable the City
to make progress towards the Council’s established goal of maintaining at least 70% of streets in
good condition and have no less than 7% of the City’s streets in bad condition. This project also
helps implement multimodal improvements, a Major City Goal, due to the installation of curb
ramps and providing a smoother roadway surface which is more conducive to bicycle
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transportation needs.
ENVIRONMENTAL REVIEW
This project is categorically exempt from environmental review pursuant to section 15301 of the
CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A
Notice of Exemption has been filed through the Community Development Department.
FISCAL IMPACT
There is currently a balance of $920,000 in the Street Reconstruction and Resurfacing Master
Account (Specification Number 90346). A portion of those funds will be used for construction
of the upcoming CDBG Marsh Street Ramps Project, leaving a balance of $840,000 for
construction of this project, which is sufficient to support this request.
Other sources of funding include the Water Distribution System Improvements Master Account
($3,783,838) and the Collections System Improvement Master Account ($2,512,683). These
funding sources support adjustment of water and sewer facilities to the new pavement elevations.
This project is 95% funded through the Local Revenue Measure.
Estimated Project Cost by Funding Sources
Street R& R
Master Account
(90346)
Water
Distribution
System Imp.
(90227)
Sewer
Collection
System Imp.
(90239)
Total
Construction Estimate:$627,000 $21,600 $12,000 $660,600
Contingencies:$96,000 $2,160 $1,200 $99,360
Material Testing:$8,500 $0 $0 $8,500
Printing:$500 $0 $0 $500
Total for Project
(including additive
alternatives):$732,000 $23,760 $13,200 $768,960
Current Fund Balance:$920,000 $3,783,838 $2,512,683
Concrete Streets and Accessibility Improvements Project (91455)
Remaining Street Reconstruction and Resurfacing Master Account funding is planned to be used
for the Roadway Sealing project planned for summer 2018.
ALTERNATIVES
1. Deny authorization to advertise. The City Council may choose not to authorize project
advertisement. This is not recommended since summer is the best time to pave streets and
impacts to the public and adjacent schools will be minimized.
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Attachments:
a - Pavement Area Map
b - Vicinity Map
c - Council Reading File - Plans
d - Council Reading File - Specifications
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Meeting Date: 3/6/2018
FROM: Deanna Cantrell, Chief of Police
Prepared By: Melissa Ellsworth, Senior Administrative Analyst
SUBJECT: FY 2018-19 GRANT APPLICATION FOR DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL
RECOMMENDATION
1. Authorize the Police Department to submit a grant application to the Department of Alcoholic
Beverage Control for FY 2018-19 not to exceed $30,000; and
2. Adopt a resolution authorizing the City Manager to enter into a contract with the State if funding
is awarded; and
3. If the grant is awarded, authorize the Chief of Police to execute all grant related documents and
authorize the Finance Director to make the necessary budget adjustments upon the award of the
grant.
DISCUSSION
The purpose of the Alcoholic Beverage Control (ABC) grant funding is to enable agencies to
expand their present efforts in addressing alcohol related problems through a comprehensive ABC
program that encompasses various strategies. The Police Department has been awarded grant funds
from the California Department of Alcoholic Beverage Control in prior years to conduct education
and compliance activities related to businesses that hold alcohol licenses. The City’s Grant
Management Policy requires Council approval of all grant applications greater than $5,000.
The goals of the ABC grant program include:
1. Achieving the goals and objectives of the local enforcement agency's grant agreements.
2. Establishing a close working relationship between ABC district offices and the grant
agencies.
3. Prioritizing law enforcement efforts and targeting those licensed outlets that cause alcohol-
related crimes.
4. Reduce the sales of alcoholic beverages to underage persons.
5. Assisting in the training of local law enforcement.
Proposal for Funding
Staff is seeking authorization to submit a grant application that focuses efforts on reducing
underage access/consumption of alcohol at licensed establishments, reducing the sale of alcohol
to the habitual and obviously intoxicated, and taking enforcement against businesses and
individuals that violate the law.
Grant activities, if approved, would include the following objectives. These objectives were also
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completed as part of the FY 2015-16 grant (the department was not awarded ABC funding for FY
2016-17 and 2017-18):
On-Sale Minor Decoy operations: Licensed on-sale establishments will be checked for
compliance of lawful sales through the use of minor decoys. Off-Sale Shoulder Tap operations:
Licensed off-sale establishments shall be checked for compliance of refusing to sell alcohol to
habitual and obviously intoxicated subjects. Shoulder Tap operations: Officers will conduct
operations of licensed establishments in order to discourage the purchase of alcohol for minors
by adults. Education is also a key component and the department will coordinate and conduct
IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) education and/or
inspections with licensed establishments that tend to generate a high response for police service.
The City’s application will seek funding for overtime reimbursement for existing officers to
conduct the grant-related activities. The grant application requires the Council to adopt a
resolution memorializing its action and authorizing the City Manager to execute the appropriate
contract and other grant-related documents. The State requires that the grant funding be used for
activities above and beyond those currently funded through the City budget. The grant
application is due March 30, 2018.
FISCAL IMPACT
There is no impact on the City’s General Fund associated with this action. City matching funds
are not required for this grant, and all grant related activities will be conducted using existing
officers on overtime. Grant funding is not awarded up front; staff is responsible for submitting
quarterly reimbursement requests based on overtime expended on grant activities during the
reporting period.
ALTERNATIVE
Council may direct staff to not submit an application for ABC grant funding. Staff does not
recommend this alternative as the funding will enhance the Police Department’s efforts in
addressing alcohol-related problems and reducing under age and high-risk drinking.
Attachments:
a - Resolution
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RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, AUTHORIZING GRANT APPLICATIONS FOR FUNDING PROVIDED
THROUGH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TO
INCREASE EDUCATION AND ENFORCEMENT PROGRAMS FOCUSING ON
REGULATING RETAIL ALCOHOL OUTLETS
WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo
desires to undertake programs to increase education and enforcement to focus on regulating retail
alcohol outlets in the community; and
WHEREAS, grant funds are available through the Grant Assistance Program (GAP)
administered by the Department of Alcoholic Beverage Control (ABC).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Chief of Police or her designee is hereby authorized to submit grant
applications consistent with program requirements to pursue a GAP grant administered by ABC.
SECTION 2. The City Manager of the City of San Luis Obispo is authorized to execute
all grant related documents, including the State of California Standard Agreement, any extensions
or amendments thereof, and any subsequent contract with the State in relation thereto.
SECTION 3. The City agrees that any liability arising out of the performance of this
contract, including civil court actions for damages, shall be the responsibility of the grant recipient
and the authorizing agency and acknowledges that the State of California and ABC disclaim
responsibility for any such liability.
SECTION 4. Grant funds received hereunder shall not be used to supplant expenditures
controlled by this body.
SECTION 5. This award is not subject to local hiring freezes.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
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Resolution No. _____ (2018 Series) Page 2
R ______
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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Meeting Date: 3/6/2018
FROM: Carrie Mattingly, Utilities Director
Prepared By: Jennifer Thompson, Supervising Utility Billing Assistant
SUBJECT: EXTEND CONTRACT FOR WATER METER READING TWO
ADDITIONAL YEARS
RECOMMENDATION
Approve a two-year contract extension with Alexander’s Contract Services, Inc. for water meter
reading services in an amount not to exceed $180,000 annually.
DISCUSSION
In August 2014, the City released a Request for Proposal (RFP) seeking proposals for contract
water meter reading services. One proposal was received from Alexander’s Contract Services,
Inc. It was evaluated and determined to be responsive to all elements of the RFP. The contract
was awarded in January 2015 for a three-year period with the option to extend for two additional
years upon agreement of both parties.
During the last three years, Alexander’s Contract Services has performed very well, accurately
performing monthly meter reading and responding quickly and thoroughly to all City requests.
An amendment to extend the contract for two months pending Council approval was recently
executed. Staff is requesting a contract extension, which would add two years to the original
term of the contract and end January 26, 2020. At that time, a new RFP document will be
prepared and released to solicit new proposals.
ENVIRONMENTAL REVIEW
The recommended action is not a “Project” as defined by the California Environmental Quality
Act.
FISCAL IMPACT
The cost for the annual contract for meter reading is approximately $180,000. This is based upon
the 15,357 meters that are currently being read and then assuming 100 new meters per year for
the next two years. The cost to read each water meter remains at $.96. The cost is split evenly
between the water and sewer funds. Appropriate funding has been budgeted for this contractual
obligation within the Utilities Revenue program. $177,000 is currently budgeted for 2018-19.
We expect additional meters to be installed in 2019-20 a larger budget will be needed in the
second year of the contract.
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ALTERNATIVES
Do not approve the contract extension with Alexander’s Contract Services. This option is not
recommended due to the complexities of potentially implementing a new water meter reading
service and Alexander’s excellent performance over the last three years.
Attachments:
a - Original Contract
b - Draft Amendment
c - CAR Awarding Contract
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CITY OF SAN LUIS OBISPO, CA
PROFESSIONAL SERVICES AGREEMENT
1. RECITALS.
1.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing meter reading services to
public clients, is licensed in the State of California, and is familiar with the plans of City.
1.2 Project;
City desires to engage Consultant to render such services for the Meter Reading Services
project (“Project”) as set forth in this Agreement.
2. TERMS.
2.1 Scope of Services and Term.
2.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Meter Reading consulting services
necessary for the Project (“Services”). The Services are more particularly described in Exhibit
“A” attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules, and regulations.
2.1.2 Term. The term of this Agreement shall be (3) three years from January
26, 2015, to January 25, 2018, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the terms of this
Agreement up to an additional (4) years, with (2) 2 year extensions based upon Consultant’s
Proposal dated September 18, 2014.
2.1.3 Start – Up Period The first ninety (90) days of this Agreement shall
constitute the “Start Up” period, in which Consultant shall commence the performance of those
services as set forth in the Scope of Services described in Exhibit “A” including the organization
of all routes and location of meters as required by the Agreement.
EXHIBIT 1
(BB&K: 9-10)
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2.2 Responsibilities of Consultant.
2.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers’
compensation insurance.
2.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “A” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant’s conformance
with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
2.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
2.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Mark Hibshman, Chief Operations Officer; Chris Molina, Chief Operations Officer
and Michael Lakes VP Operations
2.2.5 City’s Representative. The City hereby designates__________________
____________________, or his or her designee, to act as its representative for the performance
of this Agreement (“City’s Representative”). City’s Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City’s Representative or his or her designee.
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2.2.6 Consultant’s Representative. Consultant hereby designates Mark
Hibshman, Chief Operations Officer, or his or her designee, to act as its representative for the
performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant’s Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
2.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and other
staff at all reasonable times.
2.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subconsultants shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subconsultants have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant’s failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
2.2.9 Period of Performance and Liquidated Damages. Consultant shall perform
and complete all Services under this Agreement within the term set forth in Section 3.1.2 above
(“Performance Time”). Consultant shall also perform the Services in strict accordance with any
completion schedule or Project milestones described in Exhibits “A” attached hereto, or which
may be separately agreed upon in writing by the City and Consultant (“Performance
Milestones”). Consultant agrees that if the Services are not completed within the aforementioned
Performance Time and/or pursuant to any such Project Milestones developed pursuant to
provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer
damage.
2.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable
for all violations of such laws and regulations in connection with Services. If the Consultant
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performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Consultant shall be solely responsible for all costs arising
therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers,
employees, and agents free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
2.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of
state and federal law respecting the employment of undocumented aliens, including, but not
limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to
time. Such requirements and restrictions include, but are not limited to, examination and
retention of documentation confirming the identity and immigration status of each employee of
the Consultant. Consultant also verifies that it has not committed a violation of any such law
within the five (5) years immediately preceding the date of execution of this Agreement, and
shall not violate any such law at any time during the term of the Agreement. Consultant shall
avoid any violation of any such law during the term of this Agreement by participating in an
electronic verification of work authorization program operated by the United States Department
of Homeland Security, by participating in an equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly
hired employees, or by some other legally acceptable method. Consultant shall maintain records
of each such verification, and shall make them available to the City or its representatives for
inspection and copy at any time during normal business hours. The City shall not be responsible
for any costs or expenses related to Consultant’s compliance with the requirements provided for
in Section 3.2.10 or any of its sub-sections.
2.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
2.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to
terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants,
sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
2.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
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2.2.10.5 Equal Opportunity Employment. Consultant represents
that it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
2.2.10.6 Air Quality. To the extent applicable, Consultant must
fully comply with all applicable laws, rules and regulations in furnishing or using equipment
and/or providing services, including, but not limited to, emissions limits and permitting
requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or
California Air Resources Board (CARB). Although the SCAQMD and CARB limits and
requirements are more broad, Consultant shall specifically be aware of their application to
"portable equipment", which definition is considered by SCAQMD and CARB to include any
item of equipment with a fuel-powered engine. Consultant shall indemnify City against any
fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory
agency for violations of applicable laws, rules and/or regulations by Consultant, its
subconsultants, or others for whom Consultant is responsible under its indemnity obligations
provided for in this Agreement.
2.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subconsultant to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subconsultant has secured all insurance required under this section. Failure to
provide and maintain all required insurance shall be grounds for the City to terminate this
Agreement for cause.
2.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance.
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(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used including, but not limited to, form CG 2503, either the general
aggregate limit shall apply separately to this Agreement/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; and (3) Workers’ Compensation and Employer’s
Liability: Workers’ Compensation limits as required by the Labor Code of the State of
California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
2.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
2.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees,
agents, and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials, parts or equipment
furnished in connection with such work; and (2) the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its directors,
officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall
be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any
way.
(C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents, and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
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(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents, and volunteers.
2.2.11.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
2.2.11.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims, and administrative and defense
expenses.
2.2.11.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in
California, and satisfactory to the City.
2.2.11.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
2.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
2.2.12 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
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injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
2.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work,
data, documents, proceedings, and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
2.3 Fees and Payments.
2.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit ”B” attached hereto and incorporated herein by reference. Price will remain the same
through the first three (3) years of the contract. Upon renewal price may increase up to 2%
annually. Fuel sur-charge could also be enforced per Exhibit “B” Item “G”
2.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 30 days of receiving such statement,
review the statement and pay all approved charges thereon.
2.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
2.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
2.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of
prevailing wage rates and the performance of other requirements on “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant’s
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principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
2.4 Termination of Agreement.
2.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving
written notice to Consultant of such termination, and specifying the effective date thereof, at
least 60 days before the effective date of such termination. Upon termination, Consultant shall
be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
2.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
2.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
2.5 Ownership of Materials and Confidentiality.
2.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant for the use by City under this Agreement (“Documents & Data”). Specifically,
Documents and Data collected and produced by Contractor for City shall include all reads,
reports, exceptions, notes, maintenance notes, liability comments and any other information
collected in the field. All Documents & Data as herein described shall be and remain the
property of City, and shall not be used in whole or in substantial part by Consultant on other
projects without the City's express written permission. It is expressly understood that Contractor
has certain proprietary methodology in collecting field data which if made public would damage
Contractor’s business, which proprietary methodology is not subject to this Paragraph 3.5.1
Within thirty (30) days following the completion, suspension, abandonment or termination of
this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data,
in a form and amount required by City. City reserves the right to select the method of document
reproduction and to establish where the reproduction will be accomplished. The reproduction
expense shall be borne by City at the actual cost of duplication. In the event of a dispute
regarding the amount of compensation to which the Consultant is entitled under the termination
provisions of this Agreement, Consultant shall provide all Documents & Data to City upon
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payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to
City any such documents pending resolution of the dispute. In addition, Consultant shall retain
copies of all Documents & Data on file for a minimum of fifteen (15) years following
completion of the Project, and shall make copies available to City upon the payment of actual
reasonable duplication costs. Before destroying the Documents & Data following this retention
period, Consultant shall make a reasonable effort to notify City and provide City with the
opportunity to obtain the documents.
2.5.2 Subconsultants. Consultant shall require all subconsultants to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
2.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another
project, provided that any such use not within the purposes intended by this Agreement or on a
project other than this Project without employing the services of Consultant shall be at City’s
sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it
shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
2.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, for any alleged infringement of any patent,
copyright, trade secret, trade name, trademark, or any other proprietary right of any person or
entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
2.5.5 Confidentiality. All Documents & Data, either created by or provided to
Consultant in connection with the performance of this Agreement, shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used
or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any
person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant that is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or
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the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
2.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
Alexander Contract Services, Inc.
8655 Morro Road, Suite D
Atascadero, CA 93422
Attn: Mark Hibshman
City:
City Of San Luis Obispo
990 Palm Street
San Luis Obispo, Ca 93401
Attn: Ron Munds
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
2.6.2 Indemnification.
2.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees,
volunteers and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s Services, the
Project or this Agreement, including without limitation the payment of all consequential
damages, expert witness fees and attorneys fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Consultant. Consultant’s obligations under this section 3.6.2 shall
include claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of
any kind arising out of, pertaining to, or incident to Consultant’s use of the staging area
described in Exhibit “A,” including those arising out of unauthorized entry by third parties into
the staging area and/or damage to or loss or Consultant’s property stored there.
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2.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with
Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims,
suits, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought
or instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against
City or its directors, officials, officers, employees, volunteers and agents as part of any such
claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any
settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part
of any such claim, suit, action or other proceeding. Such reimbursement shall include payment
for City’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse
City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or
termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received
by the City, its directors, officials officers, employees, agents, or volunteers.
2.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims,
and/or changed conditions have been followed by Consultant. If no such Government Code
claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as
specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit
against the City.
2.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
2.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
2.6.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
2.6.7 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subconsultants of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
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convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content or intent of this Agreement.
2.6.8 Amendment; Modification. No supplement, modification or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
2.6.9 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
2.6.10 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
2.6.11 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
2.6.12 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
2.6.13 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
2.6.14 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney’s fees and all other costs of such action.
2.6.15 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
2.6.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
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2.6.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
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EXHIBIT “A”
SCOPE OF SERVICES
Throughout the terms of Agreement, the parties shall have the following rights and
responsibilities:
A. Contractor shall:
1. Perform start-up activities required to provide meter reading services for up to 15,000
customer accounts, within the SLO sphere of influence.
2. Initial start-up meter reading activities commencing in ________ 2014 and continuing
until full implementation occurs includes, but not limited to, staff training, route
efficiency confirmation, integration of the Contractor’s and City’s meter reading
activities, integration of meter reading information for utility billing and development of
service reports.
3. Have the capacity, or ability to obtain the capacity, to expand meter reading services
should the City determine this service is needed. Expansion of service during the
contract term shall be at the sole discretion of the City and will be negotiated with the
Contractor and subject to an amendment of the Agreement.
4. As required operationally, re-sequence meter routes as needed in coordination with the
SLO Customer Service Manager. Meter routes in the process of being re-sequenced may
be read outside the normal route schedule, provided that the City approves the route
schedule change within a week in advance of the change.
5. Provide meter reading services for designated meter routes. There shall be no change in
the number or configuration of the water meter reading routes without the prior consent
of the City and Contractor. Each water meter route must by read in a sequence and
timely fashion to support the City daily utility billing. It is expressly understood that
Contractor will make every effort to read all meters in the route, however, if a read is not
obtained due to no fault of Contractor, the read shall be billed but shall be marked as
“Unread Meter” with note.
6. Provide and maintain for the Meter Readers all apparatus necessary to perform Meter
Reading Services.
7. Deliver meter reads via personalized web page designed by the Contractor for the City or
any other agreed-upon medium to the City.
8. Ensure that all meter reading equipment, software and files used are compatible with City
operating systems.
9. Contractor represents that the error rate for each meter reading cycle will not exceed
2/10th% of the total number of manual meters read during the cycle. Upon notice from
the City, Contractor will take all reasonable steps to correct the error and report the
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measures taken to the City in a timely manner. After the first ninety (90) days known as
the “Start-Up” period. The City shall seek reimbursement at the cost of $15.00 per meter
for mis-read errors over and above 2/10%. (2 Per 1,000)
10. Notify the City the same day of any hazardous conditions requiring immediate attention
(e.g.: broken water meter box lids, broken meters, potential water leaks, construction
issues, etc.).
11. Report to the City damaged meters, damaged meter boxes and/or lids, leaking meters, or
any other repairs that need to be made by the City at the time of attempted read.
12. At all times, employ only competent readers, experienced or well trained in the task being
performed, and who are familiar with meter location, and Contractor shall continuously
oversee the activities of such readers. At the City’s written request, and based upon
reasonable evidence, the Contractor shall immediately remove and replace any
incompetent, careless or negligent meter readers.
13. At all times, have employees be uniformed with the Contractor company logo and
identification tags. All vehicles shall be well maintained (clean) and marked
appropriately to identify the service provided.
14. Pay for all utilities costs associated with the staging area.
B. City shall:
1. Work diligently with the Contractor during the initial set-up phase and throughout the
term of the contract to implement a successful water meter reading program.
2. Grants to Contractor the exclusive right to read all water meters located in or served by
the City, whether now existing or hereafter installed during the term of this agreement or
any extension hereof.
3. Provide the Contractor reasonable assistance with the training to meter readers to perform
the services under the contract, including but not limited to, allowing the Contractor
meter readers to accompany City meter readers to learn the routes and locations of
meters.
4. Provide the Contractor with any changes that occur on City meters, including but not
limited to, water meter additions, changes or substitutes and changes in location and
instruction codes via personalized web page or any other agreed-upon medium.
5. Maintain all meters and enclosures in a reasonable repair and condition at all times in
order for the Contractor to provide water meter reading services without undue hardship
or danger. Provided that the Contractor shall be responsible and liable for any meters or
meter enclosures that become defective, faulty, broken or damaged as a result of
negligence, carelessness or intentional acts of Contractor employees.
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6. Provide Contractor access to all areas in the City needed for the Contractor to perform
services under contract.
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EXHIBIT “B”
COMPENSATION
A. The Contractor will be paid for the Services provided to the City at the rate of Ninety Six
($.96) per meter for manually read meters per month for each meter read by the
Contractor. The total compensation shall not exceed Five Hundred and Eighteen
Thousand Four Hundred Dollars ($518,400.00) (3 Year Contract Services Amount).
Note as new meters are added per section “B” in Exhibit C OR meters are eliminated
“total compensation” shall be adjusted accordingly
B. City shall pay Consultant Ninety Five Cents ($.96) when new meters are added to the
service area. Going forward the cost to read this meter will be billed according to section
“A” in Exhibit C
C. The City will not be charged extra for additional attempts to read a meter not readily
available to the Contractor on the first attempt, for meters not found by the Contractor on
the first attempt, or for re-reads of meters to verify accuracy or correct errors. However,
during the first ninety (90) days of Service rendered by Consultant, defined as the “Start
Up” period, meters that are read, unread with notes or read in joint effort with current
City Staff, shall constitute a billable read.
D. The City shall pay the Contractor on monthly basis for Services rendered. The
Contractor shall submit invoices for Services rendered. Invoices shall include an
itemized description of the Services performed, number of units read, and the time
period the Services were performed . Invoice will be dated at the beginning of services
rendered. The Contractor shall invoice the City for the Set-up Fees upon submission of
the first invoice for Services. Payment shall be deemed made when deposited in the
United States mail, first-class postage pre-paid, and addressed to the Contractor as
specified in Section entitled “Delivery of Notices.”
E. Except during the “Start Up” period, City may withhold, or on account of subsequently
discovered evidence such part of any payment to the extent as may be necessary to
protect City from loss, including costs and attorneys’ fees, on account of (1) defective or
deficient work product not remedied; (2) subsequently discovered errors in invoices
previously paid; (3) claims filed or reasonable evidence indicating probable filing of a
claim or claims; or (4) Contractors failure to adhere to the Schedule or to achieve
sufficient progress with the Services such that Contractor is unlikely to achieve timely
completion.
F. Other Services such as “Customer Service, GPS Collection, etc” Shall be charged in
addition to this agreement upon mutual agreement of compensation amount between SLO
and Contractor.
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G. A Fuel Surcharge could be added at the renewal of each year if average fuel costs rise
above $5.50 per gallon. This figure will be based on a formula of fuel used the prior 12
months and the cost difference between the current average that is above $5.50
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ATTACHMENT B
AMENDMENT TO AGREEMENT NO. 91315
THIS AMENDMENT TO AGREEMENT (Specification No. 91315) is made and entered in
the City of San Luis Obispo on March 6, 2018, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, herein after referred to as City, and ALEXANDER’S CONTRACT
SERVICES, INC., hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, on January 26, 2015 the City entered into an Agreement with Contractor for
contract water meter reading services per Specification No. 91315; and
WHEREAS, the term of the agreement was set for three years with the option to extend for
two additional years upon the agreement of both parties;
WHEREAS, the City desires to extend the term of this Agreement for two years and the
Contractor mutually agreed.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. The term of this Amendment shall be from April 1, 2018 and expires on March 31,
2020.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first written above.
CITY OF SAN LUIS OBISPO
By: ____________________________________
City Manager
APPROVED AS TO FORM: CONTRACTOR
_____________________________________ By: __________________________
City Attorney
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Meeting Date: 3/6/2018
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Isaac Shuck, Fleet Maintenance Supervisor
SUBJECT: STREETS MAINTENANCE MEDIUM DUTY TRUCK WITH HOOK LIFT
BED, SPECIFICATION NO. 91600
RECOMMENDATION
1. Authorize the Finance Director to execute a purchase order to Perry Ford of San Luis Obispo
in the amount of $101,780.65 for the purchase of one 2018 Ford F-550 outfitted with a
custom hook lift bed system; and
2. Authorize the surplus designation of Fleet Asset No. 0234 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.
DISCUSSION
Background
The replacement of asset no. 0234, a 2002 Ford F-550 medium duty truck was approved for
replacement in the 2017-19 Financial Plan (FY 2017-18). This truck is outfitted with a custom
hook lift bed system that allows a quick change of different beds that are arranged in different
configurations. The truck is used daily for streets maintenance and paving operations utilizing a
bed that is configured for this type of work. On Thursday evenings this truck is used to close the
streets for the Farmers Market. The hook lift system allows the operators to quickly change to a
bed that is configured to hold delineation used for street closures.
Cooperative Purchase versus Local Purchase
Staff recommends a purchase to Perry Ford of San Luis Obispo in the amount of $101,780.65 for
a 2018 Ford F-550 outfitted with a custom hook lift bed system.
Pursuant to City purchasing guidelines, staff explored use of a multi-year cooperative purchasing
agreement with the State of California Contract No. 1-16-23-20A, to purchase a medium duty truck
with a hook lift bed system. This resulted in a quote in the amount of $105,214.04 through its
approved dealer, Downtown Ford Sales, for a medium duty truck that met City specifications. Per
City purchasing guidelines, staff contacted local dealer, Perry Ford of San Luis Obispo, for
comparison pricing and received a quote in the amount of $101,780.65; difference and savings of
$3,433.39.
CONCURRENCES
The Streets Maintenance Division concurs with the vehicle recommendation made in this report.
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FISCAL IMPACT
The replacement of vehicle no. 0234 was approved in the 2017-19 Financial Capital Improvement
Plan for FY 2017-18 (pg. E2-66). Pursuant to City purchasing guidelines, purchases with
cumulative costs of more than $100,000 require City Council approval. The truck purchase costs
have remained within the adopted budget which is funded by the local revenue measure.
Project Detail Adopted Budget Purchase Cost Budget Balance
Spec No. 91600 – 2018 Ford F-550
w/Hook Lift Bed System $120,000 $101,780.65 $18,219.35
ALTERNATIVES
Deny Funding and Purchase. The City Council could choose to deny or defer the above
vehicle replacement purchase. Staff does not recommend this option as the replacement was
approved as part of the 2017-19 Financial Plan. Denying or deferring the purchase could result in
costly maintenance and repairs due to the age of this vehicle and equipment it is outfitted with.
Attachments:
a - Perry Ford Quote
b - Downtown Ford Quote
c - Disposing of Surplus Units - Section 405-L Procedures
d - Surplus Personal and Unclaimed Property Policy - Section 480-A
e - Auction Firm Services - Section 480-B
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Quote #11101
Name Date 1/19/2018
Address
City SLO State CA Zip 93401 Rep Pat
Phone FOB SACRAMENTO
Qty Unit Price TOTAL
1 $32,691.00 $32,691.00
1 $1,139.00 $1,139.00
1 $274.00 $274.00
1 $242.00 $242.00
1 $0.00 $0.00
1 $640.00 $640.00
1 Rear view camara & prep kit 872 $406.00 $406.00
1 Transmission PTO 62R $283.00 $283.00
1 Cruise control 3525 $238.00 $238.00
1 LED amber warning strobes 391S $663.00 $663.00
1 Running Boards 018B $375.00 $375.00
1 Scelzi flatbed body as in quote#135440 $61,929.00 $61,929.00
1 Doc Fee $80.00 $80.00
SubTotal $98,960.00
Delivery $250.00
Cash Taxes $5,993.54
Check CA Tire Tax $10.50
Credit Card TOTAL $105,214.04
Name
CC #
Expires
2018 FORD F-550 Reg Cab/Chassis Gas 169"WB 84" CA
SIGNATURE________________________________DATE_________
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
BASED ON REGISTRATION ADDRESS
CLIN# 29
AM/FM Stereo/Single-CD/MP3 585
SYNC factory bluetooth 091M
STATE OF CALIFORNIA CONTRACT 1-16-23-20A
Office Use Only
City of SLO - Isaac Shuck
25 Prado Rd
Power Group 390L
Trailer Brake Controller 052B
SALES TAX CALCULATED AT 7.75% SLO County Tax
Programmable engine idle shutdown 5 min 86A
Description
THIS IS YOUR QUOTE
DOWNTOWN FORD SALES
525 N16th Street, Sacramento, CA. 95811
916-442-6931 fax 916-491-3138
QUOTE
Payment Details
Customer
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405-17
Section 405-L: Procedures
DISPOSING OF SURPLUS UNITS
1. When a unit is replaced or otherwise permanently removed from service, report to
Accounting that it is surplus and available for sale.
2. Include in each such report the following information for each unit reported:
City identification number (e.g., 9901)
Vehicle identification number (VIN)
License number
Model year (e.g.,2005), make (e.g., Ford), and model (e.g., F-350)
Description (e.g., one-ton truck)
Assigned department (e.g., Public Works)
Assigned program (e.g., Signal and Light Maintenance)
Acquisition year (e.g., 2004-05)
Estimated surplus value
Basis of estimated surplus value (e.g., blue book, previous auction proceeds)
Current odometer or hourmeter reading
Justification for replacement
Current location
Authorization to surplus (e.g., budget document that authorized replacement or
other Council authorization to replace or dispose of the unit)
3.Finance Division will dispose of surplus vehicles in accordance Section 480 of the
Finance Management manual.
ATTACHMENT C
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480-10
Section 480-B
AUCTION FIRM SERVICES
OVERVIEW
To reduce staff time in the sale and disposal of property, to reduce the amount of space being
used to store surplus and unclaimed property, to improve the process of estimating the value of
surplus property, and to maximize the value of return on surplus property, the Department of
Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal
of personal property, consumable supplies and unclaimed property on an "as available basis"
after authorization is given by the Council or the Director of Finance & IT to sell or dispose of
City property.
The policies and procedures provided below in conjunction with the City's auction firm will
provide the staff with the opportunity to systematize the sale and disposal of this property.
AUCTION FIRM RESPONSIBILITIES
The following responsibilities will normally be assigned to the City's auction firm by Agreement
between the City and the firm selected:
A. The auction firm will be required to pickup any and all "marketable" surplus property by
consignment and deliver this property to their premises where it shall be inventoried,
sorted, identified, and catalogued. An auction will be conducted within 30 days of
receipt of property and supplies.
B. The auction firm will make the necessary arrangements for offering the property for sale
by auction to the most qualified buyers to obtain the highest return possible. The auction
firm will advertise the auction in a manner that will obtain the maximum participation by
the public in at least one newspaper of general circulation in the City of San Luis Obispo
for a minimum of five days prior to a scheduled auction.
C. The property consigned to the auction firm will remain the property of the City until sold
or disposed in accordance with these procedures.
D. Property not sold at auction will be disposed by on of the following methods:
1. Consignment to a sub-contractor specializing in unique or special equipment and
material for which there is no local market.
2. Direct sale to a buyer of unique or special equipment and material for which there
is no local market.
3. By sale as salvage to a local dealer or any recycling firm.
4. By destruction at an appropriate landfill site and certification thereto.
5. Returned to the City.
E. The material and equipment not sold at auction will be disposed of by one of the methods
described above within 15 days from the date offered at auction. For the purpose of these
ATTACHMENT C
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Section 480-A
SURPLUS PERSONAL AND UNCLAIMED PROPERTY POLICY
OVERVIEW
This policy addresses the procedures for the disposal of surplus personal property, unclaimed
property, consumable supplies, and junk. The policies and procedures for the disposal or sale of
surplus real property, abandoned property and resale inventory are provided in other policy
documents.
In preparing this policy, not all issues or exceptions could be anticipated. Accordingly, the
guidance given in this policy does not relieve Staff from exercising good judgment in their
stewardship of the City's property resources. Whenever there is a question or doubt between the
guidance provided in this policy and the good judgment expected of a prudent person, good
judgment should always be the prevailing standard, with this policy as a minimum standard.
LEGISLATIVE POLICY
A. Surplus Property
Section 906 of the City Charter provides that the Council must approve the sale of
surplus property (real or personal) with an estimated value greater than $1,000.
B. Unclaimed Property
1. Chapter 3.32 of the City Municipal Code provides for the disposal of unclaimed
property by the Chief of Police. This property must be held for a minimum of
four months and notice of sale must be given at least five days prior to sale by
publication in a newspaper of general circulation. Property not sold may be
destroyed by the Police Department after public auction.
2. Sections 2080.4 and 2080.6 of the Civil Code requires any person finding
property valued at $10.00 or more to turn the property over to the Police
Department within a reasonable time, stating when and where the property was
found and providing a description of the property. If the property was saved, a
statement is required from the "finder" describing:
a.From what and how it was saved.
b. Whether the owner of the property is known to the "finder".
c.That the property has not been secreted, withheld, or partially disposed.
480-1
ATTACHMENT D
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Surplus Personal and Unclaimed Property Policy
ADMINISTRATIVE POLICY
A. The Director of Finance & Information Technology (IT) is authorized to declare as
surplus those items of personal property and consumable supplies estimated to be less
than $1,000 in value; Council approval is required to declare personal and consumable
supplies as surplus with a value of $1,000.
B. Department Heads are authorized to approve the disposal of property that is essentially
without value due to technical obsolescence or its unrepairable (or economically
unrepairable) condition. Department Heads may dispose of such junk property in the
manner they deem most appropriate, consistent with other rules, regulations, and the
City's ethics policy.
C. Generally, estimating the value of surplus property is made by the Department Head or
designated representative. In unique and unusual cases, Finance will assist Departments
in estimating the value of property by using the City's auction firm to provide a
professional estimate. However, in all cases, the Department Head must approve in
writing the estimated value of the property to be sold or otherwise disposed.
D. The Director of Finance & IT is authorized to sell, transfer, trade, or otherwise dispose of
surplus personal property, consumable supplies, or unclaimed property in the most cost
effective manner. Normally the sale of this property will be at auction with a firm
contracted to provide the following services:
1. Sell and dispose of personal property, consumable supplies and unclaimed
property at auction.
2. Provide professional estimates as to the value of personal property and
consumable supplies when required.
3. Assist in the sale of unique or special property and consumable supplies that
requires the use of a "specialty house" to sell or dispose of the property.
4. Dispose of unsaleable property, supplies and equipment at an approved disposal
site.
E. The Director of Finance & IT may dispose of surplus property and supplies by transfer to
another local government agency or non-profit organization based on the
recommendation of a Department Head. Although there may be circumstances where it
is appropriate to make such transfer without compensation, cash or in-kind services
should generally be received in an amount equal to or greater than the estimated value
provided by the City's auction firm or the Department Head. In the case of vehicles, "low
blue book value" may also be considered.
F. When it is a normal business practice, trade value should be obtained to determine the
most cost effective method of disposal and as a standard by which to evaluate the
services of the City's auction firm. There may be circumstances when trade value of
480-2
ATTACHMENT 2
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Surplus Personal and Unclaimed Property Policy
property may exceed auction value, in which case the Director of Finance & IT may
authorize the trade of surplus property versus sale at auction based on the
recommendation of the appropriate Department head.
G. Advertising the sale of the City's property and unclaimed property will be made by the
City's auction firm in accordance with these procedures, the Auction Services
Agreement, and legislative policy. Accordingly, the advertising must disclose that the
property for sale at auction is either the surplus property of the City of San Luis Obispo
or is unclaimed property in the possession of the City and it must state the date and time
of sale. Property sold at auction will be advertised at least five days in a newspaper of
general circulation in the City of San Luis Obispo.
H. Property determined to be unclaimed by the Chief of Police may be sold at public auction
in accordance with these policies and procedures under the following conditions:
1. It is a thing which is commonly the subject of sale.
2. The owner cannot (with reasonable diligence) be found.
3. The owner, if identified, refuses to pay the reasonable charges incurred by the
City for storing and safeguarding of the property.
PROCEDURES
A. Surplus Personal Property and Consumable Supplies
1. Department Heads will identify personal property and supplies that are surplus to
their needs and notify the Director of Finance & IT by Memorandum to sell or
dispose of property identified, in accordance with City policy and procedures.
The property to be declared surplus will be listed and include the City Asset
Number (if applicable), a descriptive name of the property, quantity, pickup
location, estimated value, and name of the contract person with their extension
number. Separate memorandums must be prepared for property estimated to
exceed $1,000 in value and for property estimated to be less than $1,000 in value.
The memorandum (or listing) must indicate why the property is no longer
required.
2. Department Heads may request that Finance assist them in estimating the value of
personal property and consumable supplies. In such instances, Finance may
request the services of the City's auction firm in estimating these values.
However, these services are limited and should not be used except for unique and
unusual property.
3. Special handling will be required for the disposal of toxic and hazardous
materials, and should be coordinated with the City's Fire Department.
480-3
ATTACHMENT 2
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Surplus Personal and Unclaimed Property Policy
I. After receipt of a request to dispose of personal property and consumable supplies
from a Department Head, Finance will circulate the list of property to other City
Departments as an advisory memorandum. The property listed may be claimed
by other Departments on a first come first serve basis. After 10 days from the
date of the advisory memorandum, this listing will be forwarded to the Housing
Authority, San Luis Coastal Unified School District, and United Way for their
information. If none of these agencies expresses interest in the remaining
property items within 10 days of receiving the listing, then the property will be
consigned to the City's auction firm for sale or other method of disposal as
determined by the Director of Finance & IT. Except in unusual circumstances,
surplus property will generally remain on site pending its final disposition. This
means that it is the responsibility of the interested party to make arrangements
with the disposing department to view the property, discuss its condition, and
coordinate any terms of transfer such as price, timing, and transportation.
J. For property with a value of $1,000 or more, the Director of Finance & IT will
prepare an Agenda Report for Council approval to declare the property as surplus
after review by the operating departments as described above and prior to the
consignment of property to the City's auction firm.
B. Evidence
The provisions of this policy do not address the disposal of property which is classified
as evidence. Evidence is governed by the provisions of the penal code and must be dealt
with accordingly. For example, evidence may be returned to the owner, subjected to lien,
or classed as contraband and accordingly destroyed. However, evidence may also be
determined by the Chief of Police to be unclaimed property and, in that event, will be
processed in accordance with the policies and procedures provided below.
C. Unclaimed Property
Unclaimed property received by the City will be processed as follows:
1. The Police Department is required to receive, hold, and safekeep all property
valued at more than $10 that is found within the City limits and turned in to the
Police Department for safekeeping. The owner will be notified as to where the
property may be claimed if the owner's identity can reasonably be determined.
2. If the owner appears within 120 days after receipt of the property by the Police
Department, proves ownership, and pays all reasonable charges, the Police
Department will return the property to the owner.
3. If the reported value of the property is fifty dollars or more (and no owner appears
and proves ownership within 120 days), the Police Department will publish a
notice, at least once, in a newspaper of general circulation. After seven days
following the first published notice the following actions will be taken if no
owner appears and proves ownership of the property;
480-4
ATTACHMENT 2
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Surplus Personal and Unclaimed Property Policy
G. If the property was found in the course of employment by a City employee, the
property shall be sold at public auction.
H. The title shall vest in the person who found the property if he or she is
willing to pay the cost of the publication.
I. If the reported value of the property is less than $50 and no owner appears
and proves ownership of the property within 120 days, the title shall vest
in the person who found the property, unless the property was found in the
course of employment by a City employee, in which case the property
shall be sold at public auction.
J. Generally, the sale of unclaimed property will be made by the City's
auction firm; however, in unique circumstances, the Chief of Police may
request that Police Department staff conduct the auction. When the City's
auction firm is used, the firm must be notified in writing with a list of
property to be sold. This list does not require a statement of estimated
values. The letter will give the name of the contact person and extension
number, a short title property description, a pickup location, and a pickup
time.
K. Prior to sale, a listing of unclaimed property shall be provided to the
Director of Finance & IT, who will circulate this list as an advisory
memorandum to other City Departments. The property listed may be
claimed by other Departments on a first come first serve basis. After a 15
day period from the date of the advisory memorandum, the unclaimed
property will be available for sale at public auction according to policy.
L. The unclaimed property to be sold by the City's auction firm will be
transferred on consignment in accordance with the surplus property
policies.
M. Any property remaining unsold after being offered at public auction may
be destroyed or otherwise disposed of by the City's auction firm.
Approved by the City Manager on March 1, 1990; revised on January 14, 1994.
480-5
ATTACHMENT 2
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Section 480-B
AUCTION FIRM SERVICES
OVERVIEW
To reduce staff time in the sale and disposal of property, to reduce the amount of space being
used to store surplus and unclaimed property, to improve the process of estimating the value of
surplus property, and to maximize the value of return on surplus property, the Department of
Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal
of personal property, consumable supplies and unclaimed property on an "as available basis"
after authorization is given by the Council or the Director of Finance & IT to sell or dispose of
City property.
The policies and procedures provided below in conjunction with the City's auction firm will
provide the staff with the opportunity to systematize the sale and disposal of this property.
AUCTION FIRM RESPONSIBILITIES
The following responsibilities will normally be assigned to the City's auction firm by Agreement
between the City and the firm selected:
A.The auction firm will be required to pickup any and all "marketable" surplus property by
consignment and deliver this property to their premises where it shall be inventoried,
sorted, identified, and catalogued. An auction will be conducted within 30 days of
receipt of property and supplies.
B.The auction firm will make the necessary arrangements for offering the property for sale
by auction to the most qualified buyers to obtain the highest return possible. The auction
firm will advertise the auction in a manner that will obtain the maximum participation by
the public in at least one newspaper of general circulation in the City of San Luis Obispo
for a minimum of five days prior to a scheduled auction.
C.The property consigned to the auction firm will remain the property of the City until sold
or disposed in accordance with these procedures.
D.Property not sold at auction will be disposed by on of the following methods:
1. Consignment to a sub-contractor specializing in unique or special equipment and
material for which there is no local market.
2. Direct sale to a buyer of unique or special equipment and material for which there
is no local market.
3. By sale as salvage to a local dealer or any recycling firm.
4. By destruction at an appropriate landfill site and certification thereto.
5. Returned to the City.
E.The material and equipment not sold at auction will be disposed of by one of the methods
described above within 15 days from the date offered at auction. For the purpose of these
480-10
Auction Firm Services
ATTACHMENT E
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instructions, the City will give approval as to the disposal method based on the
recommendation of the auction firm and the method that is in the best interests of the
City.
F.The auction firm will provide the Department of Finance & IT with a list of consigned
property with a check for the net proceeds from the auction or specialty sale within 60
days of receipt of consigned material and equipment providing the following information:
1. City Asset number (if available)
2. Short title description of the property
3. Date of sale or disposal
4. Purchaser or the disposal site
5. Total purchase price
6. Auction fee
7. Net to City
8. Method of disposal (sale at auction, transfer to a specialty house for sale, direct
sale as salvage, transfer to an appropriate landfill or disposal site, return to City)
480-11
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Meeting Date: 3/6/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jake Hudson, Transportation Manager
SUBJECT: PRADO ROAD INTERCHANGE CALTRANS COOPERATIVE AGREEMENT
RECOMMENDATION
Approve a Cooperative Agreement with CalTrans for the Project Approval & Environmental
Document (PA&ED) phase of the Prado Road Interchange project and authorize the Public
Works Director to execute the agreement.
DISCUSSION
Interchange projects follow three phases of development; 1. Project Initiation / Project Study
Report (PID/PSR), 2. Project Approval & Environmental Document (PA&ED), and 3. Project
Plans, Specifications, & Estimate (PS&E). Processing of each phase of project development is
guided by a cooperative agreement between the Local Agency and CalTrans. The Prado Road
Interchange is entering into the second phase of project development and staff is recommending
that the City enter into a cooperative agreement (Attachment A) with CalTrans in order to
continue project development. The Prado Road Interchange is currently on schedule with
construction anticipated to begin in early 2021.
ENVIRONMENTAL REVIEW
This phase of the project will include both CEQA and NEPA review. Per State requirements ,
CalTrans will be the lead agency for both CEQA and NEPA.
FISCAL IMPACT
There is no fiscal impact specifically associated with this cooperative agreement. The total cost
of this interchange project is estimated at $26 million. Funding for the interchange project
includes a combination of Fair Share Mitigation Fees from the San Luis Ranch Development,
Citywide Traffic Impact Fees, and Regional State Transportation Improvement Program (STIP)
funding.
ALTERNATIVE
1. The Council could choose to defer approval of the proposed Cooperative Agreement until
a later date and suspend work on the Prado Road Interchange. Staff does not recommend
this as the Prado Road Interchange is one of the most critical Transportation projects
supporting the City Housing and Multimodal goals.
Attachments:
a - Draft CalTrans Cooperative Agreeement
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Agreement 05-0332
Project No. 0516000105
EA 1H640
05-SLO-101-26.5/27.3
Project Development Agreement 2017-02-17 (Created December 12, 2017) i
COOPERATIVE AGREEMENT COVER SHEET
Work Description
Improvements to extend Prado Road over U.S. Route 101 (US 101) connecting it with Dalidio Drive,
reconstruction the existing US 101 northbound off-ramp and on-ramp connections with Prado Road,
and construct an auxiliary lane on northbound US 101 between the Prado Road and Madonna Road
in order to provide congestion relief, operational efficiency and multimodal connectivity.
Contact Information
CALTRANS
Paul Valadao, Project Manager
50 Higuera Street
San Luis Obispo, CA 93401
Office Phone: 805-549-3016
Email: paul.valadao@dot.ca.gov
CITY OF SAN LUIS OBISPO
Jake Hudson, Project Manger
919 Palm Street
San Luis Obispo, CA 93401
Office Phone: (805) 781-7255
Email: jhudson@slocity.org
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Cover Sheet AGREEMENT 05-0332
Project No. 0516000105
Project Development Agreement 2017-02-17 (Created December 12, 2017) ii
Table of Contents
RECITALS ........................................................................................................................................... 1
RESPONSIBILITIES ........................................................................................................................... 3
Sponsorship ...................................................................................................................................... 3
Implementing Agency ...................................................................................................................... 3
Funding ............................................................................................................................................ 3
CALTRANS’ Quality Management ................................................................................................ 4
CEQA Lead Agency ........................................................................................................................ 4
Environmental Permits, Approvals and Agreements ....................................................................... 5
Project Approval and Environmental Document (PA&ED) ............................................................ 5
California Environmental Quality Act (CEQA) .......................................................................... 6
Schedule ........................................................................................................................................... 7
Additional Provisions ....................................................................................................................... 8
Standards ..................................................................................................................................... 8
Qualifications .............................................................................................................................. 8
Consultant Selection .................................................................................................................... 8
Encroachment Permits ................................................................................................................. 8
Protected Resources .................................................................................................................... 9
Disclosures .................................................................................................................................. 9
Hazardous Materials .................................................................................................................... 9
Claims ........................................................................................................................................ 10
Interruption of Work ................................................................................................................. 11
Penalties, Judgements and Settlements ..................................................................................... 11
Project Files ............................................................................................................................... 11
GENERAL CONDITIONS ................................................................................................................ 11
Venue ............................................................................................................................................. 11
Exemptions ..................................................................................................................................... 11
Indemnification .............................................................................................................................. 12
Non-parties ..................................................................................................................................... 12
Ambiguity and Performance .......................................................................................................... 12
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Cover Sheet AGREEMENT 05-0332
Project No. 0516000105
Project Development Agreement 2017-02-17 (Created December 12, 2017) iii
Defaults .......................................................................................................................................... 13
Dispute Resolution ......................................................................................................................... 13
Prevailing Wage ............................................................................................................................. 13
DEFINITIONS .................................................................................................................................... 15
SIGNATURES .................................................................................................................................... 16
CLOSURE STATEMENT.................................................................................................................. 18
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Agreement 05-0332
Project No. 0516000105
EA 1H640
05-SLO-101-26.5/27.3
Project Development Agreement 2017-02-17/IQA (Created December 12, 2017) 1 of 16
COOPERATIVE AGREEMENT
This AGREEMENT, effective on _______________________________, is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of San Luis Obispo, a body politic and municipal corporation or chartered city of the State
of California, referred to hereinafter as CITY.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State
Highway System per the California Streets and Highways Code sections 114 and 130.
2. For the purpose of this AGREEMENT, improvements to extend Prado Road over U.S. Route
101 (US 101) connecting it with Dalidio Drive, reconstruction the existing US 101 northbound
off-ramp and on-ramp connections with Prado Road, and construct an auxiliary lane on
northbound US 101 between the Prado Road and Madonna Road in order to provide
congestion relief, operational efficiency and multimodal connectivity will be referred to
hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and
approval documents (e.g. Project Study Report, Permit Engineering Evaluation Report, or
Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following
PROJECT COMPONENT will be referred to hereinafter as WORK:
• PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a
distinct group of activities/products in the project planning and development process.
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4. The term AGREEMENT, as used herein, includes this document and any attachments,
exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative
agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral
understanding or writings pertaining to the WORK. The requirements of this AGREEMENT
will preside over any conflicting requirements in any documents that are made an express part
of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or
are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other
AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be
automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written
amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT.
However, all indemnification, document retention, audit, claims, environmental commitment,
legal challenge, maintenance and ownership articles will remain in effect until terminated or
modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
• CITY is developing the Project Initiation Document (Cooperative Agreement No. 05-
0313).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
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RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the
financial resources to fund the WORK. A SPONSOR is responsible for securing additional
funds when necessary or implementing PROJECT changes to ensure the WORK can be
completed with the funds obligated in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual,
will be approved by CALTRANS as the owner/operator of the State Highway System.
9. CITY is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost,
schedule, and quality of the work activities and products of a PROJECT COMPONENT.
• CITY is the Project Approval and Environmental Document (PA&ED)
IMPLEMENTING AGENCY.
PA&ED includes the completion of the Final Environmental Document and the Project
Report (documenting the project alternative selection).
11. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will provide a Quality
Management Plan (QMP) for the WORK in that component. The Quality Management Plan
describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The
Quality Management Plan will include a process for resolving disputes between the PARTIES
at the team level. The Quality Management Plan is subject to CALTRANS review and
approval.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that
prepare WORK available to help resolve WORK-related problems and changes for the entire
duration of the PROJECT including PROJECT work that may occur under separate
agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this
AGREEMENT should this condition change.
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14. Each PARTY is responsible for the costs they incur in performing the WORK unless otherwise
stated in this AGREEMENT.
CALTRANS’ Quality Management
15. CALTRANS, as the owner/operator of the State Highway System, will perform quality
management work including independent quality assurance (IQA), environmental document
quality control, and owner/operator approvals for the portions of WORK within the existing
and proposed State Highway System right-of-way.
16. CALTRANS’ independent quality assurance (IQA) efforts are to ensure that CITY's quality
assurance results in WORK that is in accordance with the applicable standards and the
PROJECT’s quality management plan (QMP). An IQA does not include any efforts necessary
to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs IQA it does so for its own benefit. No one can assign liability to
CALTRANS due to its IQA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK
products in accordance with CALTRANS policies and guidance and as indicated in this
AGREEMENT.
18. Per National Environmental Policy Act (NEPA) assignment and California Environmental
Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality
control and NEPA assignment review procedures for environmental documentation.
CALTRANS quality control and quality assurance procedures for all environmental documents
are described in the Jay Norvell Memos dated October 1, 2012 (available at
http://www.dot.ca.gov/ser/memos.htm#LinkTarget_705). This also includes the independent
judgment analysis and determination under CEQA that the environmental documentation
meets CEQA requirements.
19. CITY will provide WORK-related products and supporting documentation upon CALTRANS’
request for the purpose of CALTRANS’ quality management work.
20. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA Lead Agency
21. CALTRANS is the CEQA Lead Agency for the PROJECT.
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Environmental Permits, Approvals and Agreements
22. CITY will comply with the commitments and conditions set forth in the environmental
documentation, environmental permits, approvals, and applicable agreements as those
commitments and conditions apply to CITY's responsibilities in this AGREEMENT.
23. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a
PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated
with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits,
agreements, and approvals whether they are identified in the planned project scope of work or
become necessary in the course of completing the PROJECT.
24. It is expected that the PROJECT will not require environmental permits/approvals.
Project Approval and Environmental Document (PA&ED)
25. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK
except those activities and responsibilities that are assigned to another PARTY and those
activities that are excluded under this AGREEMENT.
26. CALTRANS will be responsible for completing the following PA&ED activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable)
100.10.10.xx Quality Management
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval
180.15.10 Notice of Determination (CEQA)
27. Any PARTY preparing environmental documentation, including studies and reports, will
ensure that qualified personnel remain available to help resolve environmental issues and
perform any necessary work to ensure that the PROJECT remains in environmental
compliance.
28. CITY will provide written notice of the initiation of environmental studies to the CEQA Lead
Agency prior to completing any other PA&ED phase work.
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California Environmental Quality Act (CEQA)
29. Environmental documentation will be prepared in compliance with the California Public
Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter
template and a list of California Native American tribes requesting notification. CITY will
prepare consultation documentation for CALTRANS’ signature and transmittal in compliance
with the statutorily required time frames.
30. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that
documentation to be prepared in accordance with CEQA requirements.
31. Any PARTY involved in the preparation of CEQA documentation will prepare the
documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards
that apply to the CEQA process.
32. Any PARTY preparing any portion of the CEQA documentation, including any studies and
reports, will submit that portion of the documentation to the CEQA Lead Agency for review,
comment, and approval at appropriate stages of development prior to public availability.
33. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and
approval prior to publication and circulation.
34. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for
review, comment, and approval at least ten (10) working days prior to the public meeting date.
If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency
will allow CITY to review, comment, and concur on those changes at least three (3) working
days prior to the public meeting date.
35. The CEQA Lead Agency will attend all CEQA-related public meetings.
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36. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT,
that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead
Agency on all meeting publications. All meeting publications must also inform the attendees
that public comments collected at the meetings are not part of the CEQA public review
process.
That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and
materials to the CEQA Lead Agency for review, comment, and approval at least ten (10)
working days prior to publication or use. If that PARTY makes any changes to the materials, it
will allow the CEQA Lead Agency to review, comment on, and approve those changes at least
three (3) working days prior to the public meeting date.
The CEQA Lead Agency maintains final editorial control with respect to text or graphics that
could lead to public confusion over CEQA-related roles and responsibilities.
Schedule
37. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds and to
ensure compliance with any environmental permits, right-of-way agreements, construction
contracts, and any other commitments. PARTIES will communicate schedule risks or changes
as soon as they are identified and will actively manage and mitigate schedule risks.
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Additional Provisions
Standards
38. PARTIES will perform all WORK in accordance with federal and California laws, regulations,
and standards; FHWA standards; and CALTRANS standards. CALTRANS standards include,
but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
• Standard Environmental Reference
• Highway Design Manual
Qualifications
39. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or
licensed to perform the tasks assigned to them.
Consultant Selection
40. CITY will invite CALTRANS to participate in the selection of any consultants that participate
in the WORK.
Encroachment Permits
41. CALTRANS will issue, upon proper application, the encroachment permits required for
WORK within State Highway System right-of-way. Contractors and/or agents, and utility
owners will not work within the State Highway System right-of-way without an encroachment
permit issued in their name. CALTRANS will provide encroachment permits to PARTIES,
their contractors, consultants and agents at no cost. If the encroachment permit and this
AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
42. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare,
obtain, implement, renew, and amend any encroachment permits needed to complete the
WORK.
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Protected Resources
43. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other
protected resources during WORK, all WORK in that area will stop and that PARTY will
notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified
professional has evaluated the nature and significance of the discovery and CALTRANS
approves a plan for its removal or protection.
Disclosures
44. PARTIES will hold all administrative drafts and administrative final reports, studies, materials,
and documentation relied upon, produced, created, or utilized for the WORK in confidence to
the extent permitted by law and where applicable, the provisions of California Government
Code section 6254.5(e) will protect the confidentiality of such documents in the event that said
documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete the WORK without the
written consent of the PARTY authorized to release them, unless required or authorized to do
so by law.
45. If a PARTY receives a public records request pertaining to the WORK, that PARTY will
notify PARTIES within five (5) working days of receipt and make PARTIES aware of any
disclosed public documents. PARTIES will consult with each other prior to the release of any
public documents related to the WORK.
Hazardous Materials
46. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by
the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any
necessary manifest requirements and disposal facility designations are referred to herein as
HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
47. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other
PARTIES.
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48. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the
existing State Highway System right-of-way. CALTRANS will undertake, or cause to be
undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1
MANAGEMENT related to HM-1 found within the existing State Highway System right-of-
way.
49. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT
limits and outside the existing State Highway System right-of-way. CITY will undertake, or
cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT
schedule.
CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1
MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State
Highway System right-of-way.
50. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2
MANAGEMENT within the PROJECT limits.
51. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is
found will proceed in accordance with CALTRANS’ policy on such acquisition.
Claims
52. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or
contractors hired to complete WORK without concurrence from the other PARTY.
53. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or
responsibility under this AGREEMENT in order to retain resolution possibilities for potential
future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES
confer on the claim.
54. If the WORK expends state or federal funds, each PARTY will comply with the federal
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to
participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.
When state or federal funds are expended on the WORK these principles and requirements
apply to all funding types included in this AGREEMENT.
55. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in
accordance with the Single Audit Act in the federal Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
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56. When a PARTY reimburses a consultant for WORK with state or federal funds, the
procurement of the consultant and the consultant overhead costs will be in accordance with
Chapter 10 of the Local Assistance Procedures Manual.
Interruption of Work
57. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-
of-way in a safe and operable condition acceptable to CALTRANS.
58. If WORK stops for any reason, each PARTY will continue to implement the obligations of this
AGREEMENT, including the commitments and conditions included in the environmental
documentation, permits, agreements, or approvals that are in effect at the time that WORK
stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgements and Settlements
59. Any PARTY who action or lack of action causes the levy of fines, interest, or penalties will
indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
60. CITY will furnish CALTRANS with the Project History Files related to the PROJECT
facilities on State Highway System within sixty (60) days following the completion of each
PROJECT COMPONENT. CITY will prepare the Project History File in accordance with the
Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a
three-ring binder and on a CD ROM in PDF format.
GENERAL CONDITIONS
Venue
61. PARTIES understand that this AGREEMENT is in accordance with and governed by the
Constitution and laws of the State of California. This AGREEMENT will be enforceable in the
State of California. Any PARTY initiating legal action arising from this AGREEMENT will
file and maintain that legal action in the Superior Court of the county in which the
CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
Court of the county in which the PROJECT is physically located.
Exemptions
62. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of
resources by the Legislature, the State Budget Act authority, and the allocation of funds by the
California Transportation Commission.
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Indemnification
63. Neither CALTRANS nor any of their officers and employees, are responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by CITY, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed
that CITY, to the extent permitted by law, will defend, indemnify, and save harmless
CALTRANS and all of their officers and employees from all claims, suits, or actions of every
name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents
under this AGREEMENT.
64. Neither CITY nor any of their officers and employees, are responsible for any injury, damage,
or liability occurring by reason of anything done or omitted to be done by CALTRANS, its
contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and
agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save
harmless CITY and all of their officers and employees from all claims, suits, or actions of
every name, kind, and description brought forth under, but not limited to, tortious, contractual,
inverse condemnation, or other theories and assertions of liability occurring by reason of
anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or
its agents under this AGREEMENT.
Non-parties
65. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties,
obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend
this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling
the WORK different from the standards imposed by law.
66. PARTIES will not assign or attempt to assign obligations to PARTIES not signatory to this
AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
67. CITY will not interpret any ambiguity contained in this AGREEMENT against CALTRANS.
CITY waives the provisions of California Civil Code section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a
continuous waiver of any other provision.
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68. A delay or omission to exercise a right or power due to a default does not negate the use of that
right or power in the future when deemed necessary.
Defaults
69. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request
in writing that the default be remedied within thirty (30) calendar days. If the defaulting
PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
70. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as
described in the Quality Management Plan. If they cannot resolve the dispute themselves, the
CALTRANS district director and the executive officer of CITY will attempt to negotiate a
resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate
mediation. PARTIES agree to participate in mediation in good faith and will share equally in
its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely
performance of the WORK in accordance with the terms of this AGREEMENT. However, if
any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to
ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or
forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the
CALTRANS district office signatory to this AGREEMENT resides or in the Superior Court of
the county in which the PROJECT is physically located.
71. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
Prevailing Wage
72. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under Labor
Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all
applicable provisions of California Code of Regulations found in Title 8, Division 1, Chapter 8,
Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts
for public work and require contractors to include the same prevailing wage requirements in all
subcontracts.
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Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing
Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to
federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-
Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for
public works. WORK performed by a PARTY’s employees is exempt from federal prevailing
wage requirements.
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DEFINITIONS
PARTY – Any individual signatory party to this AGREEMENT.
PARTIES – The term that collectively references all of the signatory agencies to this
AGREEMENT.
WORK BREAKDOWN STRUCTURE (WBS) – A WBS is a standardized hierarchical listing
of project work activities/products in increasing levels of detail. The CALTRANS WBS
defines each PROJECT COMPONENT as a group of work activities/products. The
CALTRANS Work Breakdown Structure is defined in the CALTRANS Workplan Standards
Guide.
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SIGNATURES
PARTIES are empowered by California Streets and Highways Code to enter into this
AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT
on behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this AGREEMENT.
Signatories may execute this AGREEMENT through individual signature pages provided that each
signature is an original. This AGREEMENT is not fully executed until all original signatures are
attached.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Timothy M. Gubbins
District Director
VERIFICATION OF FUNDS AND
AUTHORITY:
Julia Bolger
Resource Manager
CITY OF SAN LUIS OBISPO
Dereck Johnson
City Manager
Attest:
Carrie Gallagher
City Clerk
Approved as to form and procedure:
J. Christine Dietrick
City Attorney
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CLOSURE STATEMENT INSTRUCTIONS
1. Did PARTIES complete all scope, cost and schedule commitments included in this
AGREEMENT and any amendments to this AGREEMENT?
YES / NO
Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?
YES / NO
Did the CALTRANS HQ Office of Accounting verify that all final accounting for this
AGREEMENT and any amendments to this AGREEMENT were completed?
YES / NO
If construction is involved, did the CALTRANS District Project Manager verify that all claims and
third party billings (utilities, etc.) have been settled before termination of the AGREEMENT?
YES / NO
Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required
contract documents?
YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT.
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CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in
Agreement 05-0332 and any amendments to the agreement. The final signature date on this
document terminates agreement 05-0332 except survival articles. All survival articles in agreement
05-0332 will remain in effect until expired by law, terminated or modified in writing by the
PARTIES’ mutual agreement, whichever occurs earlier.
The people signing this agreement have the authority to do so on behalf of their public agencies.
CALTRANS
Name Date
District Director
CITY OF SAN LUIS OBISPO
Name Date
City Manager
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Meeting Date: 3/6/2018
FROM: Michael Codron, Community Development Director
Prepared By: Walter Oetzell, Assistant Planner
SUBJECT: AMENDMENT TO THE CITY’S ZONING MAP TO DESIGNATE
PROPERTY AT 1460 CALLE JOAQUIN TO BE WITHIN A TOURIST
COMMERCIAL (C-T) ZONE; CONSTRUCTION OF A NEW TWO-STORY
COMMERCIAL BUILDING; AND AN EXCEPTION TO THE CREEK
SETBACK REQUIREMENT FOR SIX (6) UNENCLOSED PARKING SPACES
RECOMMENDATION
Planning Commission Action
The Planning Commission recommended that the City Council amend the City’s Zoning Map to
designate the subject site to be within a Tourist Commercial (C-T) Zone but had concerns with
the proposed Mitigated Negative Declaration (MND) for the project primarily with respect to
aesthetics and recommended that the City Council not adopt the MND on that basis. The
Planning Commission further recommended that the Council not approve the Creek Setback
exception requested for this project.
Staff Recommendation
1. Adopt the attached draft Resolution (Attachment A):
a. as recommended by the Architectural Review Commission, approve the project
architecture and design; and
b. grant a Creek Setback Exception to allow six (6) unenclosed parking spaces within a
portion of the creek setback; and
c. adopt a Mitigated Negative Declaration (EID-0016-2017).
2. Introduce an Ordinance (Attachment B):
a. as recommended by the Planning Commission, amending the City’s Zoning Map to
designate the site to be within a Tourist Commercial (C-T) Zone.
REPORT-IN-BRIEF
As explained in greater detail below, due to some unusual circumstances, a portion of the
property at 1460 Calle Joaquin, east of Prefumo Creek, is designated for Tourist Commercial
land use in the Land Use Element of the City’s General Plan but has no current zoning
designation on the City’s zoning map (see Attachment E). AuzCo Development, LLC, the
project applicant, proposes to zone this portion of the property to (C-T) Tourist-Commercial,
consistent with its General Plan designation and adjacent zoning, and to construct a two-story
commercial building. An exception from Creek Setback requirements has been requested that
would allow six (6) vehicle parking spaces within the required 20-foot creek setback along the
west side of the property.
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An Initial Study and Mitigated Negative Declaration were prepared for the project
(Attachment K), evaluating the project’s potentially significant environmental impacts on the
physical environment and identifying mitigation measures that would reduce them to a “less than
significant” level.
On November 13, 2017 the Architectural Review Commission recommended that the City
Council approve the project design, finding the project to be consistent with applicable
development standards and design guidelines.
On December 20, 2017 the Planning Commission recommended that the City Council amend the
Zoning Map, designating the site to be within a Tourist Commercial (C-T) Zone. However, the
Commission recommended that the proposed Mitigated Negative Declaration (MND) not be
adopted, based on potential significant impacts to aesthetics; specifically, blocking of views of
Irish Hills and the scenic corridor. The Commission further recommended that the Council not
approve the requested Creek Setback exception.
The Planning Commission supported the rezoning but was clearly uncomfortable with the project
concept and concerned about perceived viewshed impacts. Planning staff and the Assistant City
Attorney suggested that the Commission substantiate their recommendations about adoption of
the MND and the creek setback exception with specific information in the form of findings, but
no such findings were adopted. Staff has considered the issue carefully and based on the
information in the project record is recommending that the City Council approve the creek
setback exception and Mitigated Negative Declaration based on findings and facts in the record.
The City Council will take final action on the project, including the proposed Zoning Map
Amendment, building and site improvements, the requested Creek Setback Exception and the
MND prepared for the project. The Staff recommendation to approve the project is reflected in
the Draft Resolution and Draft Ordinance (Attachments A and B) and is more fully explained
below.
DISCUSSION
Site Information and Setting
The project site is a flat parcel of land, just over ¼ acre in size, located on the south side of Calle
Joaquin, about 450 feet northeast of its intersection with Los Osos Valley Road. It has an
irregular triangular shape, tapering to a point at its northeast end, near the beginning of the Calle
Joaquin off-ramp from U.S. Highway 101. The site’s street frontage is along Calle Joaquin, and
its southeast boundary runs adjacent to the freeway off-ramp right-of-way. A channelized section
of Prefumo Creek exits at a culvert under Calle Joaquin at the west end o f the site and the creek
channel continues south, then southwest, away from the site.
The property is designated Tourist Commercial in the Land Use Element of the City’s General
Plan, but the project site is not designated within any zone district. Prefumo Creek travels along
the western edge of the site within a Conservation / Open Space (C/OS-20) Zone, whose
boundary follows the course of the creek along its banks. Auto- and tourist- oriented activities
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characterize the immediate surroundings to the north and west, including an auto dealer, a
service station, offices of the Southern California Automobile Club, a tire store, and a motel,
with hotels and a restaurant located south of Los Osos Valley Road.
Vegetation on the site is limited to grasses and riparian vegetation extending into the property
from along the creek bank. The site is otherwise devoid of trees or significant vegetation. It is
undeveloped, but contains small accessory structures and equipment related to a well on the site,
installed by the City in 1989, made inactive in 1995, and relinquished in 2016.1 The well
equipment will be relocated within the site.
Table 1: Site information
Background
On November 13, 2017, the Architectural Review Commission, by a 5 -0 vote (with 2 absences)
found the project to be consistent with applicable development standards and design guidelines
(see Attachment G, ARC Minutes and Resolution) and recommended the City Council approve
the project’s design. On December 20, 2017, the Planning Commission recommended, by a 5-1
vote (with 1 vacancy), that the City Council amend the Zoning Map to designate the site to be
1 Rights relinquished by the City through Quitclaim Deed, Recorded Document 2016013757
Area 11,575 sq. ft. (0.27 ac.) east of Prefumo Creek
Use (Existing) Vacant Well equipment
Topography Flat
Access Calle Joaquin
Surroundings
North Service Commercial. (C-S) Motel 6; America’s Tire;
Automobile Club of Southern California
South & East Highway 101 ROW U.S. Highway 101
West Conservation/ Open Space (C/OS-20)
Tourist Commercial (C-T)
Prefumo Creek (adjacent)
Quiky Car Wash, Chevron, Toyota San Luis
Obispo
Figure 1: Proposed building (east elevation)
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within a Tourist Commercial (C-T) Zone, but not adopt the proposed Mitigated Negative
Declaration, based on concerns with aesthetic impacts, specifically, blocking of views of Irish
Hills and the scenic corridor, and further recommended that the Council not approve the
requested Creek Setback exception (see Attachment H; Planning Commission Resolution).
Staff recommendation. Staff carefully evaluated the Planning Commission’s recommendation in
the context of the City’s General Plan policies, Zoning Regulations, and the California
Environmental Quality Act. Staff’s analysis indicates that the requested Creek Setback Exception
is appropriate for development of this constrained site because, as described in the suggested
findings contained in the draft Resolution, the exception is minor, representing about 35% of the
setback area,2 with no structures within the setback and no impacts on scenic or biological
resources, and it allows for reasonable development of a site constrained by unusual shape.
Mitigation Measure BIO-1 (see Biological Resources section below) requires preparation of a
Stormwater Pollution Prevention Plan, and for Best Management Practices (BMPs) and Pollution
Prevention Methods (PPMs) to be incorporated into grading and construction plans for the short
and long-term management and protection of water quality. Based on the significance criteria
used to evaluate potential impacts to aesthetics, the impacts to views along the Scenic Roadway
portion of Highway 101 near the project are considered to be less than significant, as more fully
described in Views, below. Based on this combination of factors, staff is recommending that the
City Council approve the project.
Land Use & Zoning
The portion of the property at 1460 Calle Joaquin that lies east of Prefumo Creek is designated
for Tourist Commercial land use in the Land Use Element of the City’s General Plan but is not
designated within any zone district (see Attachment E). Tourist-Commercial designation, as
described in the Land Use Element (LUE) of the General Plan, provides for uses primarily
serving the traveling public, including hotels, motels, restaurants, service stations, recreational
uses, and minor retail uses serving the needs of travelers. The proposal to zone the property C-T
(Tourist Commercial) is consistent with this land use designation. Zoning Regulations provide
further refinement and expansion of allowed uses (see Attachment J).
These uses are especially appropriate where they have already concentrated, such as at freeway
intersections (LUE Policy 3.6.2). Visitor-serving uses have concentrated in the area where Los
Osos Valley Road intersects U.S. Highway 101, including The Rose Garden Inn, Hampton Inn &
Suites, Courtyard by Marriott, Motel 6, Rib Line BBQ, Margie’s Diner, and Chevron. Though no
specific land use or tenant has been identified, the site and the proposed new building are
designed to accommodate a wide range of potential commercial services for the traveling public.
Views
The site is adjacent to a section of U.S. Highway 101 that is designated in the City’s General
Plan as a Scenic Roadway (General Plan Circulation Element, Figure 3). By definition, “Scenic
Resources” include hills and mountains (see General Plan glossary). The Irish Hills form a visual
backdrop to views near the site experienced from Highway 101 while travelling southbound, and
Cerro San Luis and the Santa Lucia Mountains beyond comprise the backdrop of views
experienced travelling northbound.
2 Uncovered parking spaces will encroach into about 755 sq. ft. of the total 2,180 sq. ft. setback area
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The Environmental Impact Report (EIR) for the 2014 Land Use & Circulation Element Update
anticipated that new development would occur along viewing corridors and scenic roadways. As
noted in the EIR, the City does not have specific adopted thresholds of significance for
aesthetics, including impacts to views. As evaluated in the EIR, an impact is considered
significant if proposed development would:
▪ have a substantial adverse effect on a visual resource or scenic vista;
▪ damage scenic resources (such as trees, rock outcroppings, historic buildings) within a
state scenic highway,
▪ substantially degrade the existing visual character or quality of the area and its
surroundings; or
▪ create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area
Visual simulations prepared for this project (see Initial Study, Attachment K) demonstrate that
development of the site will not “wall off” scenic roadways or block views and is consistent with
General Plan policies for Views (Circulation Element § 15.1.2; Conservation and Open Space
Element § 9.2.1). As the observer approaches the project site the building becomes visible above
existing buildings, signage, and utility and light poles, occupying a portion of the field of view,
quickly moving out of view as the observer continues traveling along the roadway. The building
will move through the field of view, visible against the visual backdrop, for a distance of about
600 feet, for about 7 seconds at highway speeds. Impacts to views are lessened by the size (less
than 15% site coverage, where a maximum coverage of 75% is permitted) and height of the
proposed building (27 feet in height, where a maximum of 45 feet is permitted), and extensive
use of glazing to provide additional visibility toward views beyond.
Figure 2 above depicts a typical vantage point from the highway, about 350 feet north of the site,
seen traveling south-bound. It shows that with the proposed development, approximately 3/4
(75%) of the view to the hills is preserved. Figure 3 below depicts a similar vantage point from
the north-bound lanes, showing that as the observer approaches the site, the building occupies an
insignificant portion (less than 10%) of the view toward the distant Santa Lucia Mountains.
Cerro San Luis is visible beyond, and partially obscured by, existing development. The proposed
Figure 2: Visual Simulation (view 2, looking south): Before project (left) and after (right)
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building obscures an additional small portion of the view of Cerro San Luis, but its height and
tapering form preserves the view of the ridgeline of the Cerro. At this vantage point, at least 3/4
(75%) of the backdrop view is preserved. The full view of Cerro San Luis and Bishop Peak
beyond are revealed within seconds as the observer continues northbound.
In the absence of adopted thresholds of significance for impacts to views, staff followed
guidance provided by performance standards for protection of views from scenic roadways
described in Table 5.4 (Roadway View Protection) of the City’s Airport Area Specific Plan. This
table identifies several roads which are also designated as Scenic Roadways, and located within a
similar scenic context, and provides standards for the level of view protection considered to be
consistent with the view preservation policies of the General Plan. These standards suggest that
views are sufficiently protected where development allows view of at least 60% of a scenic
resource from specific vantage points along roads and preserves distant hill views in the direction
of the road.
Evaluated against these standards, the visual simulations demonstrate that at least 75% of views
from this roadway are retained at the selected vantage points and, consistent with General Plan
policies, views are protected and not “blocked,” with important backdrop features (Irish Hills,
Cerro San Luis, Santa Lucia Mountains) remaining dominant. Thus, the proposed development
would not have a substantial adverse effect on scenic vistas from the roadway. Furthermore, the
project has been found by the Architectural Review Commission to be consistent with
Community Design Guidelines and will not degrade the visual character or quality of the area. It
conforms to Night Sky Preservation Regulations (Zoning Regulations Ch. 17.23) and includes no
source of substantial light or glare. As the project adheres to General P lan policies, Community
Design Guidelines, and Zoning Regulations applicable to aesthetic concerns, its potential
impacts to aesthetics, including views, are considered less than significant.
Biological resources
The project site plan depicts the top of bank for Prefumo Creek, the extent of riparian vegetation,
and the 20-foot creek setback applicable to the property (Zoning § 17.16.025). All riparian
vegetation is noted on plans as “Existing Habitat to Remain Undisturbed.” Condition 2 of the
Draft Resolution (Attachment A) states as a condition of project approval that existing riparian
vegetation within this area shall remain undisturbed.
Figure 3:Visual Simulation (view 5, looking north): Before project (left) and after (right)
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A Biological Resources Assessment of the project site was prepared in May 2017 by SWCA
Environmental Consultants (see Initial Study, Attachment K). Existing conditions were observed
to be riparian (arroyo willow thicket) and disturbed or ruderal, with disturbance from vehicle and
pedestrian usage. Vegetation consists of non-native plant species that typically occur along
roadside edges and disturbed areas. Plant diversity on the banks of the channel is low. Special-
status plant species were not observed and are not expected to occur on the property.
Several mitigation measures were developed, following the conclusions of the Biological
Assessment, to reduce potential environmental impacts to biological resources. These are
included in the attached draft resolution (Biological Resources, Section 1), to be incorporated
into project approval. These measures include conduct of a pre-construction wildlife survey prior
to development activities; a nesting bird survey prior to any construction activities to be
undertaken during the active nesting bird season; incorporation of the creek setback shown in the
project plans (allowing for six unenclosed vehicle parking spaces within a portion of the setback,
but not extending into riparian vegetation), and installation of Best Management Practices prior
to construction for protection of the riparian area.
Creek Setback Exception
Prefumo Creek travels along the western boundary of the project site. Policies for Creeks,
Wetlands, and Flooding described in the Land Use Element (§ 6.6) call for maintenance of
natural conditions and habitat, prevention of damage from flooding, runoff reduction,
groundwater recharge, minimization of impervious coverage, and adequate erosion control
measures. The portion of the site adjacent to Prefumo Creek is subject to a 20-foot Creek
Setback as described in Zoning § 17.16.025 (E) (1).
The limited developable area of the site, its curving street frontage, and its unusual shape,
tapering and narrowing at its northeast side, constrain its development. The requested exception
would allow six unenclosed vehicle parking spaces within the required 20-foot creek setback that
extends from the edge of the riparian vegetation at the west side of the site (see Figure 4), but no
structures would be placed within this setback. Encroachment of these six uncovered spaces into
the 20-foot setback ranges from 7 to 20 feet, occupying 35% of the required setback area.
Figure 4: Creek setback (dashed line); shaded area depicts riparian vegetation
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Given the constrained developable area of the site, available ground-level floor area would be
reduced by about 900 square feet (from the 1,512 square feet proposed) without the requested
exception. Redesign to achieve a viable project under that constraint would likely involve
additional building height to maintain adequate floor area, negatively affecting the building’s
proportions and functional efficiency, and causing it to appear more prominent from
Highway 101 toward hill views beyond.
Existing riparian vegetation is required to be retained as a condition of project approval.
Additionally, the spaces receiving the exception will be surfaced with permeable pavers for
enhanced appearance and stormwater treatment. The Natural Resources Manager has reviewed
the project plans and concurs that the requested creek setback exception is an appropriate means
of allowing reasonable use of the site, consistent with the intent of Zoning § 17.16.025 (G) (4).
CONCURRENCES
Project plans were reviewed by the Building & Safety Division, the Fire, Public Works, and
Utilities Departments, and by the Natural Resources Manager. Relevant comments have been
incorporated into the draft resolution as recommended conditions of project approval.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND; Attachment K) has been prepared for the project and
includes Mitigation Measures to reduce potential impacts to air quality, biological resources,
cultural resources, geology and soils, and transportation and traffic, to a “less than significant”
level. It was circulated for public review, with no comments received in response as of the
closing of the review period January 8, 2018. The MND was submitted to the State
Clearinghouse and reviewed by several agencies, with no agencies submitting comments in
response.
FISCAL IMPACT
Approval of the project will allow development of the property for commercial use, which will
incrementally add to the City’s sales tax revenue resulting in a positive fiscal impact. Typically,
commercial projects generate more revenue than they create in terms of demand for city services.
ALTERNATIVES
1. Continue consideration of the item with direction to applicant and staff regarding pertinent
items.
2. Deny the Zoning Map Amendment based on findings of inconsistency with applicable
General Plan policies. This alternative would preclude development of the property for
Tourist-Commercial uses, and construction of the proposed building and need for a Creek
Setback Exception, based on findings of inconsistency with land use limitations in Zoning
Regulations.
3. Refer the project back to the Planning Commission for reconsideration and for further
development and adoption of more complete and specific findings forming the basis of the
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Commission’s recommendation.
Attachments:
a - Council Resolution (Draft)
b - Council Ordinance (Draft)
c - Exhibit A to Ordinance - Zoning Map
d - Vicinity Map
e - Overview (Land Use and Zones)
f - Project Plans (Reduced)
g - ARC Minutes (Nov 13 2017) and Resolution (1020-17)
h - PC Minutes (Dec 20 2017) and Resolution (1014-17)
i - Assessor Parcel Map (Detail)
j - Zoning Regulations (Table 9 – Permitted Uses)
k - Council Reading File - Initial Study
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RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CONSTRUCTION OF A NEW
TWO STORY COMMERCIAL BUILDING AND A CREEK SETBACK
EXCEPTION FOR UNENCLOSED PARKING SPACES 1460 CALLE
JOAQUIN (ARCH-3413-2016, EID-0016-2017)
WHEREAS, AuzCo Development, LLC (“Applicant”) submitted Architectural Review,
Rezoning, and Environmental Impact Determination applications (ARCH-3413-2016, RZ-0015-
2017, and EID-0016-2017) for rezoning of property at 1460 Calle Joaquin (APN 053-151-036),
and its development with a new two-story commercial building; and
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on November 13, 2017 for the purpose of architectural review of the project design;
and recommended that the City Council approve construction of the proposed commercial building
and associated site improvements; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 20, 2017, for the purpose of formulating and forwarding recommendations to the City
Council regarding the project applications, including the request for an exception to the 20-foot
creek setback to allow uncovered parking spaces within a portion of the setback area, and
recommended that the City Council designate the subject property as Tourism Commercial
consistent with General Plan designation, but not adopt the Mitigated Negative Declaration
(“MND”), and further recommended that the City Council not approve the creek exception; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 6,
2018 for the purpose of considering final action on the project applications, including the MND
and the requested creek setback exception to allow uncovered parking spaces within a portion of
the setback area; and
WHEREAS, notices of said public hearing and meeting were made at the time and in the
manner required by law; and
WHEREAS, the City Council has duly considered all evidence, including the record of
the Architectural Review Commission and Planning Commission hearings and recommendations,
testimony of the applicant and interested parties, and the evaluation and recommendations by staff
presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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SECTION 1. Environmental Determination. The City Council finds and determines that
the project’s Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, in accordance with the California Environmental
Quality Act, and reflects the independent judgment of the Council. The Council hereby adopts the
Mitigated Negative Declaration subject to the following mitigation measures and monitoring
programs being adopted with the project to reduce potentially significant impacts to “less than
significant” levels:
Mitigation Measures
Air Quality
a) Mitigation Measure AQ-1. The following mitigation measures for reducing nitrogen
oxides (NOx), reactive organic gases (ROG), and diesel particulate matter (DPM)
emissions from construction equipment shall be incorporated into the project:
i) Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
ii) Fuel all off-road and portable diesel-powered equipment with CARB certified
motor vehicle diesel fuel (non-taxed version suitable for use off-road);
iii) Use diesel construction equipment meeting CARB's Tier 2 certified engines or
cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road
Regulation;
iv) Use on-road heavy-duty trucks that meet the CARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines, and comply with the
State On-Road Regulation;
v) Construction or trucking companies with fleets that that do not have engines in
their fleet that meet the engine standards identified in the above two measures
(e.g. captive or NOx exempt area fleets) may be eligible by proving alternative
compliance;
vi) All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs
shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5-minute idling limit;
vii) Diesel idling within 1,000 feet of sensitive receptors is not permitted;
viii) Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
ix) Electrify equipment when feasible;
x) Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and,
xi) Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or
biodiesel.
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b) Mitigation Measure AQ-2. The following mitigation measures shall be incorporated
into the project to minimize nuisance impacts and to significantly reduce fugitive dust
emissions:
i) Reduce the amount of the disturbed area where possible;
ii) Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be
used whenever possible;
iii) All dirt stock-pile areas should be sprayed daily as needed;
iv) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible, and building pads should be laid as soon as possible after grading unless
seeding or soil binders are used;
c) Mitigation Measure AQ-3. On-road diesel vehicles shall comply with Section 2485 of
Title 13 of the California Code of Regulations, limiting diesel-fueled commercial motor
vehicles with gross vehicular weight ratings of greater than 10,000 pounds and licensed
for operation on highways. In general, the regulation specifies that drivers of said
vehicles:
i) Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any
location, except as noted in Subsection (d) of the regulation; and,
ii) Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater,
air conditioner, or any ancillary equipment on that vehicle during sleeping or resting
in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet
of a restricted area, except as noted in Subsection (d) of the regulation. Signs must
be posted in the designated queuing areas and job sites to remind drivers of the 5 -
minute idling limit.
d) Monitoring plan: Measures AQ-1 through AQ-3. Mitigation Measures AQ-1 through
AQ-3 above shall be shown on grading and building plans; and the contractor or builder
shall designate a person or persons to monitor the fugitive dust emissions and enhance
the implementation of the measures as necessary to minimize dust complaints and to
prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress.
e) Mitigation Measure AQ-4. Prior to any construction activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to determine if the area
disturbed is exempt from the Asbestos Air Toxics Control Measure (ATCM)
regulations. An exemption request must be filed with the San Luis Obispo County Air
Pollution Control District (APCD), as applicable. If the site is not exempt from the
requirements of the regulation, the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development of an Asbestos Dust
Mitigation Plan and Asbestos Health and Safety Program for approval by the APCD.
f) Monitoring plan: Measure AQ-4. All mitigation measures shall be shown on grading
and building plans. In addition, the contractor shall designate a person or persons to
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monitor compliance with APCD requirements. The name and telephone number of
such persons shall be provided to the APCD, Community Development and Public
Works Departments prior to commencement of construction. The applicant shall
provide documentation of compliance with APCD requirements to City staff prior to
issuance of any grading or building permits.
g) Mitigation Measure AQ-5. Any scheduled demolition activities or disturbance,
removal, or relocation of utility pipelines shall be coordinated with the APCD
Enforcement Division at (805) 781-5912 to ensure compliance with NESHAP, which
include, but are not limited to: 1) written notification, within at least 10 business days
of activities commencing, to the APCD, 2) asbestos survey conducted by a Certified
Asbestos Consultant, and, 3) applicable removal and disposal requirements of
identified asbestos containing material.
h) Monitoring plan: Measure AQ-5. All mitigation measures shall be shown on grading
and demolition plans. In addition, the contractor shall designate a person or persons to
monitor compliance with APCD requirements. Their duties shall include holiday and
weekend periods when work may not be in progress. The name and telephone number
of such persons shall be provided to the APCD, Community Development and Public
Works Departments prior to commencement of demolition activities
i) Mitigation Measure AQ-6. Prior to any construction activities at the site, the project
proponent shall ensure that all equipment and operations are compliant with California
Air Resource Board and APCD permitting requirements, by contacting the APCD
Engineering Division at (805) 781-5912 for specific information regarding permitting
requirements.
j) Monitoring plan: Measure AQ-6: Mitigation Measure AQ-6 shall be shown on grading
and building plans. In addition, the contractor shall designate a person or persons to
monitor compliance with APCD requirements. The name and telephone number of
such persons shall be provided to the APCD, Community Development and Public
Works Departments prior to commencement of construction. The applicant shall
provide documentation of compliance with APCD requirements to City staff prior to
issuance of any grading or building permits
Biological Resources
k) Mitigation Measure BIO-1. Prior to any development activities on the property, a pre-
construction wildlife survey shall be conducted by a qualified professional, to
determine if any special-status wildlife species or other environmental concerns are
present, prior to construction. The survey shall include a survey of the riparian, aquatic,
and ruderal areas on the property
l) Mitigation Measure BIO-2. A nesting bird survey shall be conducted by a qualified
professional two (2) weeks prior to the start of construction activities if activities occur
during the active nesting bird season (February 1 to October 15). The survey shall
include the riparian and ruderal areas on the property.
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m) Monitoring plan: Measures BIO-1 & BIO-2. All surveys required by Mitigation
Measures BIO-1 and BIO-2 above shall be completed as specified in these measures,
to the satisfaction of the Community Development Director and the Natural Resources
Manager prior to the issuance of any construction permit to complete this project.
n) Mitigation Measure BIO-3: A 20-foot Creek Setback from the existing drainage
easement, and consistent with § 17.16.025 of City’s Zoning Regulations, shall be
incorporated into the project design.
o) Monitoring plan: Measure BIO-3. A Creek Setback is a development standard
established by the City’s Zoning Regulations. Compliance with this measure shall be
verified City Community Development Department and Natural Resources Manager.
The Creek Setback shall be indicated on all grading and construction plans.
p) Mitigation Measure BIO-4. Best Management Practices (e.g., straw wattles,
Environmental Sensitive Area, exclusion fencing or silt fencing, etc.) shall be installed
prior to construction, for protection of the riparian area and any special-status wildlife
species (i.e., steelhead, California red-legged frog, western pond turtle, and nesting
birds) that could be present.
q) Monitoring Plan: Measure BIO-4: These measures shall be incorporated into, and noted
on, all grading and construction plans. The City Community Development Department
and Natural Resources Manager shall verify compliance.
Cultural Resources
r) Mitigation Measure CR-1. Prior to issuance of grading and construction permits, the
following shall be included on all grading and construction plan sets: If, during the
course of constructing and implementing the proposed Project, archaeological,
paleontological, or cultural resources (i.e., prehistoric sites, historic sites, or isolated
artifacts and features) are discovered, the contractor shall halt all ground disturbing
activities immediately within 50 feet of the discovery, the City shall be notified, and a
qualified professional archaeologist, architectural historian, or paleontologist
(depending on the nature of the finding) shall be retained to evaluate the find and
recommend appropriate mitigation measures. The City shall consider mitigation
recommendations presented by the professional, and the City shall consult and agree
upon implementation of feasible and appropriate measures. Such measures may include
avoidance, preservation in place, excavation, documentation, curation, data recovery,
or other appropriate measures. The City shall be required to implement any mitigation
necessary for the protection of archaeological, paleontological, and cultural resources.
s) Mitigation Measure CR-2. Prior to issuance of grading and construction permits, the
following shall be included on all grading and construction plan sets: In the event of
human burial discovery, no further disturbance shall occur within 100 feet of the
finding until the San Luis Obispo County Coroner has made a determination of origin
and disposition pursuant to Public Resources Code § 5097.98. The County Coroner
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must be notified of the find immediately. If the human remains are determined to be
Native American, the County Coroner will notify the Native American Heritage
Commission within 24 hours, which will determine and notify a Most Lik ely
Descendant (MLD). The City shall allow the MLD to complete an inspection of the
site (typically within 48 hours of notification) and shall comply with MLD
recommendations, which may include scientific removal and nondestructive analysis
of human remains and items associated with Native American burials.
t) Monitoring Plan: Measures CR-1 & CR-2. These Mitigation Measures shall be noted
on all grading and construction plans and be clearly visible to contractors and City
inspectors. City staff will periodically inspect the site for continued compliance with
the above Mitigation Measures.
Geology and Soils
u) Mitigation Measure GEO-1: All recommendations provided in § 8.0 (Conclusions and
Recommendations) of the Soils Engineering Report prepared for the project (Project
SL09150-3, dated July 5, 2017) by GeoSolutions, Inc. for ARH Quiky Investments,
LLC, shall be incorporated into the project to the satisfaction of the Building Official.
v) Monitoring Plan, GEO-1: These recommendations shall be incorporated into, and noted
on, construction plans. The Building Official shall verify compliance.
Transportation and Traffic
w) Mitigation Measure TC-1: Prior to issuance of grading and construction permits, the
applicant shall, to the satisfaction of the Director of Public Works:
i) Enter into a covenant agreement with the City to contribute the project's "fair share"
of cost for widening the southbound Calle Joaquin approach to Los Osos Valley
Road and to add an additional turn pocket; and
ii) Contribute its fair share of the Los Osos Valley Road interchange sub-area fees and
Traffic Impact Fees
x) Monitoring Plan, TC-1: The Public Works Director will verify compliance with this
Mitigation Measure prior to issuance of grading and construction permits for this
project.
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
a) The project is consistent with policies for Commercial and Industrial Development set
out in the Land Use Element (LUE) of the City’s General Plan. The property is in an
appropriate area (§ 3.1) near a freeway interchange where visitor-servicing uses have
already concentrated (§ 3.6.2). The property is proposed to be designated as within a
Tourist-Commercial (C-T) Zone, which implements and is consistent with the Tourist
Commercial land use category described in the General Plan (LUE Figure 3), providing
accommodations and services for the traveling public.
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b) As conditioned, the project is consistent with policies of the Land Use Element (LUE)
of the General Plan related to Resource Preservation. The site and building design
preserve natural conditions and minimize risks from flooding, consistent with Creeks,
Wetlands, and Flooding Policies (LUE §6.6.1) and policies related to flood control
(LUE §6.6.8, §6.7.1, and §6.7.2). Conditions of project approval address the flood-
proofing measures to be incorporated into the project for compliance with Floodplain
Management Regulations (Zoning Ch. 17.84). A Creek Setback is provided, consistent
with Zoning § 17.16.025. No structure is located within the creek channel (LUE
§6.6.4).
c) The project will not be detrimental to the health, safety, and welfare of those living and
working in the vicinity. Land uses permitted within a Tourist Commercial (C-T) Zone
are compatible with neighboring land uses within adjacent Tourist Commercial (C-T)
and Service Commercial (C-S) Zones, which are also tourist- and auto-oriented in
nature.
Consistent with Safety Element Policy 2.1 (Flood Hazard Avoidance and Reduction),
development of the site is subject to compliance with Floodplain Management
Regulations (Zoning Regulations Ch. 17.84). As provided in §4.2 (Settlement and
Liquefaction), a Soils Engineering Report was prepared for the project by
GeoSolutions, Inc (July, 2017), and implementation of recommendations made in the
report will be verified by the Building & Safety Division prior to issuance of
construction permits for the project.
d) The project is consistent with the goals and policies of the General Plan Circulation
Element related to Scenic Roadways and those of the Conservation and Open Space
Element (COSE) related to Views. As directed by COSE §9.3.5, Visual Simulation
Studies provided by the applicant demonstrate that the proposed building preserves,
and does not block, views from the adjacent section of U.S. Highway 101, which is
designated as a Scenic Roadway with high scenic value (Figure 3 – Scenic Roadways),
and does not “wall off” the roadway, consistent with Circulation Element § 15.1.2 and
COSE § §9.2.1 and 9.3.6. Conformance to Night Sky Preservation regulations (Zoning
Ch. 17.23) will preserve the quality of the nighttime visual environment (Circulation
Element § 15.1.2 (F)). Extensive use of glazing as a building surface provides
additional visibility through the building toward hill views beyond.
e) As conditioned, the project and proposed amendment to the Zoning Map are consistent
with the policies and limitations of the San Luis Obispo County Regional Airport Land
Use Plan and with the provisions of the Airport Overlay Zone (Zoning Regulations
§ 17.57.040). The proposed land use and project design are consistent with the
permitted land use and development standards for the Tourist-Commercial (C T) Zone,
and therefore consistent with airport compatibility policies and criteria intended to
minimize the risk to people and property in the event of an accident or emergency
aircraft landing. No structures are proposed that would affect navigable airspace, or
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present other flight hazards, and conditions of approval address overflight notice
requirements (Zoning § 17.57.080).
f) The project is consistent with land use limitations and development standards of the
City’s Zoning Regulations applicable within a Tourist Commercial (C-T) Zone. The
site and proposed building are designed to accommodate land uses and activities
permitted in a Tourist Commercial (C-T) Zone (§17.22.090) and the project conforms
to applicable development standards set out in Chapter 17.16 including those for
density, yards, coverage, building height, and parking space requirements.
g) As conditioned, a creek setback exception, as provided in Zoning Regulations
§17.16.025(G)(4), is appropriate:
i) The requested exception is minor in nature. The features receiving the exception,
six unenclosed parking spaces, include no substantial structures (apart from
permeable paved surface), and will extend between 7 and 20 feet into the standard
20’ creek setback depth, occupying about 35% of its area. Thus, the requested
exception will have no impact to a scenic resource, will not limit flood control
measures, and will not be detrimental to public welfare or injurious to other
property in the area or downstream.
ii) Development of the site is subject to the conduct and preparation of a pre-
construction wildlife survey and nesting bird survey, as required by Mitigation
Measures developed through environmental review of the project to avoid impacts
to riparian habitat.
iii) Mitigation Measures developed through environmental review of the project
require preparation of a Stormwater Pollution Prevention Plan, and for Best
Management Practices (BMPs) and Pollution Prevention Methods (PPMs) to be
incorporated into grading and construction plans for the short and long-term
management and protection of water quality.
iv) Unusual circumstances apply to the site, arising from its limited area, curving
frontage, and triangular shape, which do not apply generally to land in the vicinity
and in the same Tourist-Commercial (C-T) Zone. These constraints preclude
redesign of the project (through, for example, relocation or reduction in the
number of parking spaces, or reduction in the building footprint area), as redesign
would not allow for a sufficient number of parking spaces or a sufficient amount
of floor area to achieve a viable development project and reasonable use of the
property.
v) The requested exception would not constitute a grant of special privilege, as
property similarly situated, and subject to similar constraints of limited area,
curving frontage, and triangular shape, would receive similar consideration.
SECTION 3. Action. The City Council of the City of San Luis Obispo does hereby
approve the requested creek setback exception for six (6) unenclosed parking spaces within a
portion of the setback area, and approves construction of the project, with incorporation of
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environmental mitigation measures into the project, as set out in Section 1 above, and subject to
the following conditions:
Planning (Community Development)
a) Zoning of property. No construction permits to complete this project shall be issued
unless and until the subject property is determined to be designated within a Tourist
Commercial Zone, pursuant to the Rezoning application RZ-0015-2017 currently under
consideration by the City.
b) Conformance to approved plans and conditions. Plans submitted for construction
permits shall be in substantial compliance with the plans approved under this
application, and with all conditions of project approval. Any change to the approved
design, colors, materials, or landscaping, or to any conditions of approval must be
reviewed and approved by the Community Development Director or Architectural
Review Commission, as deemed appropriate. A separate full-size sheet shall be
included in construction plans, listing all conditions of project approval, with reference
made in the margin of the listed conditions as to where in plans requirements are
addressed.
c) Retention of riparian vegetation. Existing riparian vegetation within the area
demarcated by the dashed line labeled “Existing Edge of Riparian Vegetation” on the
Preliminary Site Plan included with this architectural review application shall remain
undisturbed.
d) Solid waste enclosure screening. Plans submitted for construction permits to complete
this project shall include additional measures to further screen the solid waste enclosure
area from public view, particularly along the southern edge of the site, adjacent to U.S.
Highway 101, in a manner consistent with Community Design Guidelines § 6.1 (F), to
the satisfaction of the Community Development Director. Such measures may include
utilization of surrounding landscaping for further screening, techniques such as trailing
vines on walls, and berming along site and rear walls.
e) Signs. No approval is granted to any signage depicted in these plans. Project signage is
subject to the issuance of Sign Permits, pursuant to the provisions of the City’s Sign
Regulations (SLOMC Ch. 15.40).
f) Avigation easement. Consistent with policies for Overflight set out in § 4.6.2 (a) (I) of
the Airport Land Use Plan for the San Luis Obispo County Regional Airport, an
avigation easement shall be recorded for the property prior to the issuance of a building
permit for the project.
g) Overflight notification. Consistent with policies for Overflight set out in § 4.6.2 (a) (II)
of the Airport Land Use Plan for the San Luis Obispo County Regional Airport, all
owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) shall receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations
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prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy
the property, any property or properties within the airport area.
Engineering Development Review (Community Development, Public Works)
h) Projects involving the construction of new structures requires that complete frontage
improvements be installed or that existing improvements be upgraded per city standard.
MC 12.16.050
i) The building plan submittal shall show the build-out of curb, gutter, and sidewalk per
city engineering standards along the complete property frontage. The termination of
sidewalk may require the installation of a curb ramp. Any request to defer sidewalk
installation shall be reviewed and approved by the City Engineer and C ommunity
Development Director.
j) Development of the driveway and parking areas shall comply with the Parking and
Driveway Standards for dimension, maneuverability, slopes, drainage, and materials.
Alternate paving materials are recommended for water quantity and/or quality control
purposes and in the area of existing or proposed trees and where the driveway or
parking area may occur within the dripline of any tree. Alternate paving material shall
be approved to the satisfaction of the Planning Division.
k) The building plan submittal shall include a complete site utilit y plan. All existing and
proposed utilities along with utility company meters shall be shown. Existing
underground and overhead services shall be shown along with any proposed alterations
or upgrades. The current overhead services configuration shall be clearly shown on the
plans. Any required ADA path of travel shall consider existing utility poles, guy wires,
and vaults accordingly. Services to the new structures shall be underground. All work
in the public right-of-way shall be shown or noted.
l) Provisions for trash, recycle, and green waste containment, screening, and collection
shall be approved to the satisfaction of the City and San Luis Obispo Garbage
Company. The respective refuse storage area and on-site conveyance shall consider
convenience, aesthetics, safety, and functionality. Drainage from the trash enclosure
shall comply with the City Engineering Standard 1010.B regarding water quality
treatment prior to discharge to the storm drain system or gutter.
m) The building plan submittal shall include a complete grading, drainage and topo plan.
The grading and drainage plan shall show existing structures and grades located within
15’ of the property lines in accordance with the grading ordinance. The plan shall
consider historic offsite drainage tributary to this property that may need to be
conveyed along with the improved on-site drainage. This development will alter and/or
increase the storm water runoff from this site. The improved or altered drainage shall
be directed to the street and not across adjoining property lines unless the drainage is
conveyed within recorded easements or existing waterways.
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n) The building plan submittal shall include a final drainage report in accordance with the
Drainage Design Manual and the Post Construction Stormwater Requirements.
o) The building plan submittal shall show compliance with the Post Construction
Stormwater Requirements as promulgated by the Regional Water Quality Control
Board for developed sites. Include a complete Post Construction Stormwater C ontrol
Plan Template as available on the City’s Website.
p) An operations and maintenance manual will be required for the post construction
stormwater improvements. The manual shall be provided at the time of building permit
application and shall be accepted by the City prior to building permit issuance. A
private stormwater conveyance agreement will be required and shall be recorded prior
to final inspection approvals.
q) This property is located within a designated flood zone as shown on the Flood
Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new
structures shall comply with all Federal Emergency Management Agency (FEMA)
requirements and the city’s Floodplain Management Regulations per Municipal Code
Chapter 17.84.
r) This property is located in an AE flood zone. The buildings and/or building service
equipment shall be elevated or flood-proofed to at least one foot above the Base Flood
Elevation (BFE). Additional freeboard to 2’ above the BFE may result in additional
savings on flood insurance and is encouraged. The pump house and water well
development or retention shall comply with the Floodplain Management Regulations
and Department of Water Resources Requirements for protecting equipment and
groundwater resources respectively. The City recommends processing a Letter of Map
Amendment (determination document) to remove the structure or a portion of the
property from the Special Flood Hazard Area to eliminate mandatory flood insurance
requirements.
s) The building plan submittal shall show all existing trees on the property with a trunk
diameter of 3" or greater. Offsite trees along the adjoining property lines with canopies
and/or root systems that extend onto the property shall be shown to remain and be
protected. Include the diameter and species of all trees. Tree canopies should generally
be shown to scale for reference. The plan shall show all existing and proposed street
trees.
t) The building plan submittal shall show new street tree plantings. Street trees are
required at a rate of one 15-gallon street tree for each 35 linear feet of frontage. Tree
species and planting requirements shall be per City Engineering Standards.
u) Street trees along the northerly frontage of Calle Joaquin shall be placed in tree wells,
parkway, or with horizontal and vertical controls to accommodate future sidewalk
installation if approved for deferral, to the satisfaction of the Public Works Director.
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v) Tree protection measures shall be implemented to the satisfaction of the City Arborist.
The City Arborist shall review and approve the proposed tree protection measures prior
to commencing with any demolition, grading, or construction. The City Arborist shall
approve any safety pruning, the cutting of substantial roots, or grading within the
dripline of trees. A city-approved arborist shall complete safety pruning. Any required
tree protection measures shall be shown or noted on the building plans.
Building (Community Development)
w) Plans submitted for construction permits to complete this project shall include the
following construction methods and materials: Ignition resistant exterior wall
coverings; Fire sprinkler protection in attic areas (at least one “pilot head”); Ember
resistant vent systems for attics and under floor areas, protected eaves, and Class ‘A’
roof coverings as identified in the California Building Code Chapter 7.
Utilities
x) Building permit submittal shall clarify size of existing and proposed water services and
water meters for the project, including both potable and recycled water.
y) The existing well shall be relocated to a “low impact activity” per the California Water
Resources Control Board guide for private wells, or shall rehabilitate the well casing
and well infrastructure to protect the groundwater basin in accordance to California
Department of Water Resources Standard Bulletin 74-81 and 74-90.
z) Where automobiles are serviced, greased, repaired, or washed, separators shall be
provided to prevent the discharge of oil, grease, and other substances harmful or
hazardous to the City’s wastewater collection system consistent with City standards.
Indemnity
aa) The applicant shall defend, indemnify and hold harmless the City and/or its agents,
officers and employees from any claim, action or proceeding against the City and/or its
agents, officers or employees to attack, set aside, void or annul, the approval by the
City of this project, and all actions relating thereto, including bu t not limited to
environmental review Indemnified Claims”). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified Claim
and the City shall fully cooperate in the defense against an Indemnified Claim.
Upon motion of Council Member ______ , seconded by Council Member ______ , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 6th day of March 2018.
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Resolution No. _____ (2018 Series) Page 13
R _______
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher, CMC
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, CMC
City Clerk
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O ______
ORDINANCE NO. _____ (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AMENDING THE CITY’S ZONING MAP TO
DESIGNATE PROPERTY ON THE SOUTH SIDE OF CALLE JOAQUIN,
EAST OF LOS OSOS VALLEY ROAD, TO BE WITHIN A TOURIST
COMMERCIAL (C-T) ZONE 1460 CALLE JOAQUIN (RZ-0015-2017; EID-
0016-2017)
WHEREAS, AuzCo Development, LLC (“Applicant”) submitted Architectural Review,
Rezoning, and Environmental Impact Determination applications (ARCH-3413-2016, RZ-0015-
2017, and EID-0016-2017) for rezoning of property at 1460 Calle Joaquin (APN 053-151-036),
and its development with a new two-story commercial building; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 20, 2017, for the purpose of formulating and forwarding recommendations to the City
Council regarding the project applications, and recommended that the City Council designate the
subject property as Tourism Commercial consistent with General Plan designation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 6,
2018 for the purpose of considering final action on the project applications; and
WHEREAS, notices of said public hearing and meeting were made at the time and in the
manner required by law; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration
(EID-0016-2017) of environmental impact as prepared by staff and reviewed by the Planning
Commission; and
WHEREAS, the City Council has duly considered all evidence, including the record of
the Architectural Review Commission and Planning Commission hearings and recommendations,
testimony of the applicant and interested parties, and the evaluation and recommendations by staff
presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project’s Mitigated Negative Declaration (MND), adopted by the Council with Resolution No.
________ (2018 Series) adequately addresses the potential significant environmental impacts of
the proposed project, in accordance with the California Environmental Quality Act, and reflects
the independent judgment of the Council.
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Ordinance No. _____ (2018 Series) Page 2
O _________
SECTION 2. Findings. Based upon all the evidence, the Council makes the following
findings:
a) The proposed amendment to the Zoning Map is consistent with policies for
Commercial and Industrial Development set out in the Land Use Element (LUE) of the
City’s General Plan. The property is in an appropriate area (§ 3.1) near a freeway
interchange where visitor-servicing uses have already concentrated (§ 3.6.2). The
property is designated for Tourist Commercial land use in the General Plan Land Use
Diagram (LUE Figure 3), and the Tourist-Commercial zone implements and is
consistent with the Tourist Commercial land use category, providing accommodations
and services for the traveling public.
b) The proposed amendment to the Zoning Map will not be detrimental to the health,
safety, and welfare of those living and working in the vicinity. Land uses permitted
within a Tourist Commercial (C-T) Zone are compatible with neighboring land uses
within adjacent Tourist Commercial (C-T) and Service Commercial (C-S) Zones,
which are also tourist- and auto-oriented in nature.
c) The proposed amendment to the Zoning Map will not adversely affect the amount of
area within the city set aside for other uses as the property is currently not designated
to be within any Zone, but is within an area designated within the General Plan for
Tourist Commercial uses.
d) The proposed amendment to the Zoning Map is consistent with the policies and
limitations of the San Luis Obispo County Regional Airport Land Use Plan and with
the provisions of the Airport Overlay Zone (Zoning Regulations § 17.57.040). The
Tourist Commercial (C-T) Zone provides for a range of permitted uses that have been
found to be consistent with airport compatibility policies and criteria intended to
minimize the risk to people and property in the event of an accident or emergency
aircraft landing. Further development of the property is subject to conformance to
policies protecting navigable airspace, avoiding other flight hazards, and providing
adequate overflight notice requirements.
SECTION 3. Action. The City Council does hereby amend the City’s Zoning Map to
designate the subject property as being within a Tourist Commercial (C-T) Zone, as depicted in
Exhibit A of this Ordinance.
SECTION 4. 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
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6th day of March 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2018, on the following vote:
AYES:
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Ordinance No. _____ (2018 Series) Page 3
O _________
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher, CMC
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, CMC
City Clerk
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C-S-S
C-T C/OS-20
C-T
C/OS-20Prefumo CreekPre
fumo
C
reek
101 S101 N101 S OFFCALLE JOA
Q
UI
N
1443
1460
RZ-0015-2017 (1460 Calle Joaquin)"Exhibit A"
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C/OS-20
C-S-S
C-S
C-S-PD
C-T
C-T
C-T-SF
C/OS-10
C/OS-20
R-1
CALLE JO
A
Q
UI
N
LOS OSOS
VALLEY
Sources: Esri, HERE, DeLorme, USGS,Intermap, INCREMENT P, NRCan, Esri Japan,METI, Esri China (Hong Kong), Esri Korea, Esri
VICINITY MAP RZ-0015-2017
1460 Calle Joaquin ¯
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LOS OSOS
VALLEY
CALLE JOA
Q
UI
N
HWY 101101 S ONHWY 101101 S OFFPublic
Service andManufacturing
Tourist
Open Space
Open Space
Specific Plan
General Plan Land Use Designations
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C/OS-20
C-T
C-S-S
C/OS-20LOS OSOS
VALLEY
CALLE JOA
Q
UI
N
HWY 101101 S ONHWY 101101 S OFFZoning Designations
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Minutes
ARCHITECTURAL REVIEW COMMISSION
Monday, November 13, 2017
Special Meeting of the Architectural Review Commission
CALL TO ORDER
A Special Meeting of the Architectural Review Commission was called to order on Monday,
November 13, 2017 at 5:00 p.m. in the Council Chambers, located at 990 Palm Street, San Luis
Obispo, California, by Chair Wynn.
APPOINTMENTS
1. Oath of Office
City Clerk Carrie Gallagher administered the Oath of Office to new Commissioner
Micah Smith.
ROLL CALL
Present: Commissioners Amy Nemcik, Micah Smith, Richard Beller, Vice-Chair Angela Soll,
and Chair Greg Wynn
Absent: Commissioners Brian Rolph and Allen Root
Staff: Michael Codron, Community Development Director, Deputy Director Doug Davidson;
Walter Oetzell, Assistant Planner; Rachel Cohen, Associate Planner; Jon Ansolabehere,
Assistant City Attorney, and Jennifer Hooper, Recording Secretary.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Allan Cooper.
James Lopes.
End of Public Comment--
APPROVAL OF MINUTES
ACTION: MOTION BY COMMISSIONER NEMCIK SECOND BY VICE-CHAIR
SOLL, CARRIED 4-0-2-1 (COMMISSIONER SMITH ABSTAINED), TO APPROVE THE
MINUTES OF THE ARCHITECTURAL REVIEW COMMISSION MEETINGS OF
SEPTEMBER 18, 2017 AND OCTOBER 16, 2017.
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Minutes – Architectural Review Commission Meeting of November 13, 2017 Page 3
PUBLIC HEARINGS
1. 1460 Calle Joaquin. Architectural Review of a new two-story building with 2,844 square
feet of commercial floor area. Case #ARCH-3413-2016; No Zone (proposed as C-T Zone
with rezoning); AuzCo Development, LLC, applicant.
Assistant Planner Walter Oetzell presented the staff report with the use of a PowerPoint
presentation and responded to Commissioner inquiries.
Applicant Representative, Architect George Garcia gave a brief presentation and responded to
Commissioner inquiries.
Public Comment:
None.
End of Public Comment—
Commission discussion followed.
ACTION: MOTION BY COMMISSIONER BELLER, SECOND BY COMMISSIONER
SMITH, CARRIED 5-0-2, to adopt the Resolution entitled: “A Resolution of the Architectural
Review Commission of the City of San Luis Obispo recommending to the City Council design
approval of the new commercial site and building located at 1460 Calle Joaquin, as depicted in
project plans dated October 5, 2016 (Tourist Commercial (C-T) zone (proposed)); Case #ARCH-
3413-2016)” with the following amendments:
WHEREAS, the Architectural Review Commission of the City of San Luis Obispo conducted a
public hearing in the Council Hearing Room (Room 9) Chamber of City Hall, 990 Palm Street,
San Luis Obispo, California, on November 6, 2017 November 13, 2017, to consider the
application; and…
Condition #18: add: “to the satisfaction of the Public Works Director.”
2. 570, 578, 590 Marsh &581 Higuera Streets. Continued architectural review of a new mixed-
use project that includes three, four-story structures with a request for a maximum height of
59.5 feet. The project includes 19,792 square feet of commercial space, 62 residential units, 36
hotel rooms, and a two-level underground parking garage with 136 parking spaces, as well as
a request for a new driveway approach to the parking garage along on Nipomo Street. The
project is categorically exempt from environmental review. Case #: ARCH-2213-2015; C-D
zone, The Obispo Company, applicant.
Associate Planner Rachel Cohen presented the staff report with use of a PowerPoint
presentation and responded to Commissioner inquiries.
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Minutes – Architectural Review Commission Meeting of November 13, 2017 Page 6
Building at 581 Higuera Street:
Revise the two-story windows in the structure so that they are more in scale with the
structure and downtown architecture.
Address height and scale by setting back the entire fourth floor of the structure and
consider other modifications to reduce the massing towards the Jack House property.
Vines covering the building are not necessary. Vines are most appropriate on the first-floor
portion of the structure and along the third-floor cornice where it appears someone can
water the plants from the deck.
ACTION: MOTION BY COMMISSIONER BELLER, SECOND BY VICE CHAIR SOLL,
CARRIED 5-0-2 to continue the item to a date uncertain.
COMMENT AND DISCUSSION
a. Agenda Forecast & Staff Updates - Deputy Director Davidson provided a brief agenda
forecast.
b. Formation of an ARC Subcommittee to review the revised plans as directed by the City
Council at their October 17, 2017 meeting – 1135 Santa Rosa project.
Chair Wynn, Commissioners Micah Smith and Amy Nemcik were selected to be the
subcommittee to review the revised plans for the 1135 Santa Rosa project.
ADJOURNMENT
The meeting was adjourned at 9:58 p.m. The next Regular meeting of the Architectural Review
Commission is scheduled for Monday, November 20, 2017 at 5:00 p.m., in the Council Hearing
Room, 990 Palm Street, San Luis Obispo, California.
APPROVED BY THE ARCHITECTURAL REVIEW COMMISSION: 12/04/2017
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Planning Commission
Minutes - Draft
Wednesday, December 20, 2017
Regular Meeting of the Planning Commission
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, December 20, 2017 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street,
San Luis Obispo, California, by Chair Stevenson.
ROLL CALL
Commissioners
Present: Commissioners Kim Bisheff, Hemalata Dandekar, Ronald Malak, Nicholas
Ostebur, Vice-Chair John Fowler and Chair Charles Stevenson.
Commissioners None
Absent:
City Staff
Present: Community Development Deputy Director Davidson, Assistant City
Attorney Jon Ansolabehere, Principal Planner Tyler Corey, Associate
Planner Kyle Bell; Planning Technician Kyle Van Leeuwen, Assistant
Planner Walter Oetzell; Recording Secretary Teresa Purrington.
Pledge of Allegiance
Chair Stevenson led the Pledge of Allegiance.
Chair Stevenson requested to reorder the agenda to hear Item 5 Part A and B after Item 2. By
consensus, the Planning Commission reordered the agenda as requested.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
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Planning Commission Meeting Minutes
December 20, 2017
Page 4 of 7
“A RESOLUTION OF THE SAN LUIS OBISPO PLANNING
COMMISSION DENYING AN APPEAL OF THE ADMINISTRATIVE
HEARING OFFICER’S DECISION TO APPROVE A USE PERMIT FOR
AN ESCAPE ROOM BUSINESS, CLASSIFIED AS A COMMERCIAL
RECREATION FACILITY – INDOOR, WITH CONDITIONS LIMITING
HOURS OF OPERATION AND REQUIRING A REVIEW OF THE USE
PERMIT SIX MONTHS AFTER OCCUPANCY OF THE BUSINESS, IN
THE DOWNTOWN COMMERCIAL ZONE WITH A MIXED-USE
OVERLAY, AS REPRESENTED IN THE STAFF REPORT AND
ATTACHMENTS DATED DECEMBER 20, 2017
(583 MARCH STREET APPL-1135-2017)”
With the elimination of Planning Condition #5.
Motion passed 5-1-0 on the following roll call vote:
AYES: COMMISSIONERS BISHEFF, DANDEKAR, OSTEBUR, VICE-CHAIR
FOWLER AND CHAIR STEVENSON
NOES: COMMISSIONER MALAK
ABSENT: NONE
4. 1460 Calle Joaquin; Consideration of an amendment to the City’s Zoning Map to designate
property at 1460 Calle Joaquin to be within a Tourist Commercial (C-T) Zone; construction of
a new two-story commercial building; an exception to the Creek Setback requirement to allow
six (6) uncovered parking spaces within the setback; and a Mitigated Negative Declaration of
environmental review. Case # RZ-0015-2017 & EID-0016-2017; No Zone (C-T Zone
proposed); AuzCo Development, LLC, applicant
Assistant Planner Walter Oetzell, presented the staff report and responded to Commission
inquiries.
Applicant Representative, George Garcia, provided an overview of the project.
PUBLIC COMMENT
None
--End of Public Comment--
RECESS: The Commission recessed at 9:39 p.m. and reconvened at 9:53 p.m. with all
Commissioners present.
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Planning Commission Meeting Minutes
December 20, 2017
Page 5 of 7
ACTION: MOTION BY COMMISSIONER MALAK, SECOND BY VICE CHAIR FOWLER,
based on the record and the testimony presented, including the visual simulations, the PC hereby
recommends that the City Council amend the Zoning Map to designate the subject property as
being within a Tourist Commercial (C-T) Zone, consistent with its General Plan designation, but
not adopt the Mitigated Negative Declaration, based on potential significant environmental
impacts to aesthetics, specifically, blocking of views of Irish Hills and the scenic corridor, and
further recommends that the City Council not approve the creek exception. Motion passed 5-1-0
on the following roll call vote:
AYES: COMMISSIONERS DANDEKAR, MALAK, OSTEBUR, VICE-CHAIR
FOWLER AND CHAIR STEVENSON
NOES: COMMISSIONERS BISHEFF
ABSENT: NONE
BUSINESS ITEM
5. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing
the policies and programs of the Land Use and Circulation Elements (LUCE). This will be a
standing item on the Planning Commission agenda from June 14, 2017 through completion of
the Update of the Zoning Regulations, tentatively scheduled for completion in March
2018. This will be an opportunity for staff to update the Commission on the status of the
Zoning Regulations Update and for the Commission to listen to ongoing public testimony and
discuss any such updates as they come forward. As a standing item, sometimes there will be
nothing to report; other times staff will give a brief update with limited discussion; and at
certain points, such as review of the Land Use Table, Parking Requirements, and the
Reformatted Outline, there will be more substantive discussion on the item. When materials
are associated with the Update, as with the White Papers associated with the Update, such
information will be made available to the public and Commission prior to the meeting.
Specific Items for Consideration are:
1. Draft White Paper: Case Studies in Local Adult-Use and Medical Marijuana
Regulations
2. Alcohol Outlet Regulations Effectiveness Update (to inform implementation of Land
Use Element 4.32)
Deputy Community Development Director Doug Davidson, and Associate Planner Kyle Bell,
presented the staff report and responded to Commission inquiries.
PUBLIC COMMENT
Jody Belsher
Lisa Guy
Vivian Soul
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Planning Commission Meeting Minutes
December 20, 2017
Page 7 of 7
--End of Public Comment--
NO ACTION: Commissioners discussed and provided general direction.
COMMENT AND DISCUSSION
6. Agenda Forecast – Deputy Community Development Director Doug Davidson provided an
update of upcoming projects.
ADJOURNMENT
The meeting was adjourned at 10:10 p.m. The next Regular meeting of the Planning Commission
is scheduled for Wednesday, January 10, 2018 at 6:00 p.m., in the location, 990 Palm Street, San
Luis Obispo, California.
APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017
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City of San Luis Obispo
March 2015 Zoning Regulations
TABLE 9 - USES ALLOWED BY ZONE
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
AGRICULTURE
Crop production A A A D D
Grazing A A
Greenhouse/Plant Nursery, commercial PC PC
Community Gardens D D D D D
Livestock feed lot PC PC
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Bakery, wholesale AAPC
DA
Industrial research and development PC D D
PC A A A A
Laundry, dry cleaning plant AA
Manufacturing - Heavy PC PC
Manufacturing - Light DAA
Petroleum product storage and distribution D
Photo and film processing lab AA
Printing and publishing AAA
D
D
Recycling facilities - Small collection facility D D D A
Storage - Personal storage facility AA
Storage yard DA
Warehousing, indoor storage AAPC
Wholesaling and distribution AAPC
LODGING
Bed and breakfast inn D PC PC A A A
Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110
Hostel PC PC A A A
Hotel, motel AAA PC
Recreational vehicle (RV) park accessory to hotel, motel PC
Vacation Rental 17.22.G
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note:Footnotes affecting specific land uses follow the table.
Page 101
Furniture and fixtures manufacturing, cabinet
shop
Laboratory - Medical, analytical, research,
testing
Recycling facilities - Collection and processing
facility
Recycling facilities - Scrap and dismantling yard
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City of San Luis Obispo
Zoning Regulations March 2015
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Club, lodge, private meeting hall D D A D A/D D D D
Commercial recreation facility - Indoor PC D D D D D(12) PC D 17.08.060
Commercial recreation facility - Outdoor PC PC
Educational conferences D D D D 17.08.010.C.6
Fitness/health facility DADDPCAAD
Golf Course PC
Library, museum PC D D D D
Library, branch facility DDDD
Night club D D D D D D Chapter 17.95
Park, playground D D A A A A D D A A A
Public assembly facility PC D D D D PC
Religious facility PC D D D D A D D D A D(7) D(7) D(7)
PC PC
School - College, university campus PC
School - Elementary, middle, secondary PC PC D D PC D
School - Specialized education/training PC A/D A/D A A A
Special event DDDDDDDDD 17.08.010
Sports and active recreation facility PC PC PC PC
Sports and entertainment assembly facility PC PC
Studio - Art, dance, martial arts, music, etc.D D A/D A/D A PC A
Theater PC(8)D D D D Chapter 17.95
Theater - Drive-in PC PC
RESIDENTIAL USES
Boarding/rooming house, dormitory PC D D D Chapter 17.20
Caretaker quarters A A A A A A A A A A A A A A A D
Convents and monasteries PC A A D
Fraternity, sorority PC PC
High occupancy residential use D D
Home occupation H H H H H H H H H H H H H H 17.08.090
Live/work units A A A A A 17.08.120
Mixed-use project A A A A A A PC PC 17.08.072
AAAAAA AA
Mobile home park A A A A
Multi-family dwellings A A A A D D
A A A A A A A/D A/D A/D D
A A A A A D A/D A/D D
Residential hospice facility PC PC D PC PC D
Rest home A A A A A D A/D A/D D
Single-family dwellings A A A(2) A A A A D D
Secondary dwelling units A A A A A Chapter 17.21
Work/live units D D 17.08.120
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above H = Home Occupation Permit required
Note:Footnotes affecting specific land uses follow the table.
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Residential care facilities - 6 or fewer residents
Residential care facilities - 7 or more residents
School - Boarding school, elementary, middle,
secondary
School - College, university - Satellite classroom
facility
Mobile home as temporary residence at building
site
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City of San Luis Obispo
March 2015 Zoning Regulations
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
RETAIL SALES
Auto and vehicle sales and rental DAPC
Auto parts sales, with installation D(5) A A
Auto parts sales, without installation ADA AA
Bakery, retail AAAAADD
Bar/Tavern DDDDDD
Building and landscape materials sales, indoor A A A A A
DDA AA
DD
Convenience store D D D A A A A A D D D 17.08.095
Extended hour retail DDDDDDDD
Farm supply and feed store PC A A
Fuel dealer (propane, etc)DA
Furniture, furnishings, and appliance stores A A A A
General retail - 2,000 sf or less A(3) A A A A
D(3) D A A
DAAD
DAA
PC PC PC
Groceries, specialty foods A(10) A A A PC
Liquor Store/Alcohol Sales DDDDPC 17.11
Mobile home, RV, and boat sales APC
Office-supporting retail, 2,000 sf or less A A A A A D
DDAA D
Wine tasting room - off site DDDDDDD
Outdoor temporary and/or seasonal sales See Section 17.08.020 17.08.020
Produce stand D D A A A A
Restaurant AAAAADD
Restaurant with late hour alcohol service D D D D D D D 17.11 & 17.100.R.
Outdoor BBQ/Grill, accessory to restaurant D D D D D D D
Service station (see also "vehicle services") D D D D A 17.08.030
Vending machine See Section 17.08.050 17.08.050
Warehouse stores - 45,000 sf or less gfa D D D
Warehouse stores - more than 45,000 sf gfa PC PC PC
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note:Footnotes affecting specific land uses follow the table.
Page 103
Office-supporting retail, More than 2,000, up to
5,000 sf
Construction and heavy equipment sales and
rental
General retail - More than 2,000 sf, up to 15,000
sf
General retail - More than 15,000 sf, up to
45,000 sf
Building and landscape materials sales, outoor
General retail - More than 60,000 sf, up to
140,000 sf
General retail - More than 45,000 sf, up to
60,000 sf
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City of San Luis Obispo
Zoning Regulations March 2015
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL
ATMs AAAAAAAAA
Banks and financial services A A A A D(4) D(4) D
Business support services A A A/D A A A A
D D D A D(11) D(11)
Medical service - Doctor office A A/D A/D A D(11) D(11)
Medical service - Extended care PC PC D PC PC D
Medical service - Hospital PC PC
Convalescent hospital PC PC
Office - Accessory AAAAAAAA
Office - Business and service A A A/D A D (4) D(4) D
Office - Government D PC A A PC
Office - Processing D D D D(4) D(4) A
Office - Production and administrative A A/D A/D A D(4) D(4) A
Office - Professional A A/D A/D A D
Office - Temporary See Section 17.08.010.C
Photographer, photographic studio AA/DAPCA
SERVICES - GENERAL
Catering service DDADAA
Cemetery, mausoleum, columbarium PC PC PC PC PC PC PC PC PC PC
Copying and Quick Printer Service A A A A A A A A
Day care - Day care center (child/adult) D(9) D(9) D(9) D(9) D(9) A A A A/D A D(9) D(9) D(9) D 17.08.100
Day care - Family day care home (small/large) A A A A A A A A A A A A 17.08.100
Equipment rental AAD
DD
Maintenance service, client site services AAPC
Mortuary, funeral home D D A D
Personal services AAAADA D
Personal services - Restricted DD
Public safety facilities PC PC
Public utility facilities PC A A 17.08.080
AAD
Residential Support Services AAAA
Social service organization D A D A A A D D D
AAD
PC D A A D
Vehicle services - Carwash DDPCDD
PC PC DD
DDAA/DA A
D
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note:Footnotes affecting specific land uses follow the table.
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Veterinary clinic/hospital, boarding, large animal
Vehicle services - Repair and maintenance -
Minor
Repair service - Equipment, large appliances,
etc.
Veterinary clinic/hospital, boarding, small
animal, indoor
Medical service - Clinic, laboratory, urgent care
Vehicle services - Repair and maintenance -
Major
Food bank/packaged food distribution center
Veterinary clinic/hospital, boarding, small
animal, outdoor
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City of San Luis Obispo
March 2015 Zoning Regulations
TABLE 9 - USES ALLOWED BY ZONE - Continued
Permit Requirement by Zoning District Specific use
Land Use AG C/OS R1 R2 R3 R4 PF O (1) C-N C-C C-D C-R C-T C-S M BP
Regulations
TRANSPORTATION & COMMUNICATIONS
Airport PC PC PC D
ADD
Antennas and telecommunications facilities D D D D D D D D D D D 17.16.120
Media Production - Broadcast studio A A/D A A A A
DDD
Heliport PC PC PC
Parking facility PC(6) PC(6) PC(6) D(6) D(6) D(6)
Parking facility - Multi-level PC(6) PC(6) PC(6) PC(6) PC(6) PC(6)
Parking facility - Temporary PC D D D D D D D D 17.08.010
Railroad facilities DA
Transit station or terminal PC PC PC D A
Transit stop AAAAAAAA
Truck or freight terminal AAD
PC PC
Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required
A/D = Director's approval on ground floor, allowed on second floor or above
Note:Footnotes affecting specific land uses follow the table.
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Ambulance, taxi, and/or limousine dispatch
facility
Water and wastewater treatment plants and
services
Media Production - Backlots/outdoor facilities
and soundstages
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Meeting Date: 3/6/2018
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Planning Technician
SUBJECT: CONSIDERATION OF 2018 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING RECOMMENDATIONS
RECOMMENDATION
As recommended by the Human Relations Commission (HRC), adopt a Resolution (Attachment
A) to approve funding allocations for $444,380 of CDBG funds for the 2018 Program Year.
DISCUSSION
Background
The City’s annual CDBG review process provides Council and the public with an opportunity to
provide early input in the grant award process and assist the City Council with direct input to
prioritize community needs. One of the main purposes of the process is to maintain an open,
inclusive, and fair grant application process. The HRC advises the Council on community needs
and funding recommendations. The five major steps in the 2018 CDBG review process are as
follows:
1. HRC Hosts a “Community Needs Workshop”: The HRC hosted a public hearing on
October 4, 2017, to inform the public about upcoming funding amounts, how to apply for
grants, and to receive community input on grant funding needs. The HRC discussed the
community needs identified during public comment and adopted grant funding priorities for
Council consideration.
2. Council Priority-Setting: On November 7, 2017, the City Council endorsed the HRC’s
recommended CDBG funding priorities for 2018. The priorities established by the HRC and
City Council are listed below:
a. Provide emergency and transitional shelter, homelessness prevention and services.
b. Develop and enhance affordable housing for low and very-low income persons.
c. Promote accessibility and/or removal of architectural barriers for the disabled and elderly.
d. Enhance economic development (to include seismic retrofit, economic stability, low and
moderate income jobs).
These priorities were used by staff and the HRC in reviewing the applications to develop their
recommendations for the 2018 CDBG funds.
3. CDBG Applications Hearing: On December 6, 2017, the HRC held a public hearing to
review the 2018 CDBG applications with respect to the Council’s adopted funding priorities
and forwarded its funding recommendations to the County for inclusion in the 2018 Draft
Action Plan.
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4. Reservation Letter: On January 9, 2018, Council approved a CDBG Reservation Letter to
reserve $288,847 in the 2018 CDBG funds for property acquisition costs to San Luis
Nonprofit Housing Corporation (SLONP). SLONP is partnering with the Housing Authority
of the City of San Luis Obispo (HASLO) to develop Courtyard at the Meadows on the site, a
36-unit new affordable housing development which will house income eligible households.
In order for the project to move forward, HASLO and SLONP must apply for low income
housing tax credits awarded by the California Tax Credit Allocation Committee (TCAC).
Since the deadline for these applications was February 28, 2018, the County requested all
projects applying for tax credits request reservation letters prior to the CDBG public hearing.
The approved letter was sent to the County for approval by the Board of Supervisors.
5. CDBG Program Hearing: On March 6, 2018, the City Council will hold a public hearing to
consider the HRC’s recommendation as shown in the 2018 Draft Action Plan and adopt
recommendations for projects to be funded during the 2018 CDBG Program Year. This
action will be submitted to the County Board of Supervisors for inclusion in the final 2018
Action Plan and Community Participation Plan for the Urban County of San Luis Obispo.
HRC and Staff Recommended 2018 CDBG Fu nding Allocations
On December 6, 2017, the HRC recommended funding allocations of $444,380 in 2018 CDBG
funds. The preliminary funding estimate was provided by the County based on available
information from the US. Department of Housing and Urban Development (HUD). The table
below lists the projects recommended for funding by the HRC in the amount of $444,380.
Number Applicant Project
2018 CDBG
Funding
Recommendation
Public Services (Maximum allocation allowed: 15% of $444,380 = $66,657)
1 CAPSLO 40 Prado Homeless Shelter $66,657
2 HASLO &
SLONP
Affordable Housing Property Acquisition:
Courtyard at the Meadows $288,847
3 City of SLO1 ADA Street Improvements: Curb Ramps -
Program Administration (Maximum allocation allowed: 20% of $444,380 = $88,876)
4a City of SLO
CDBG Program Administration
To administer the CDBG program and all the approved
activities associated with funding
$10,369
CDBG Capacity Building
To implement programs identified in the Housing
Element related to providing affordable housing
$10,369
CDBG Affordable Housing Study
To manage the Affordable Housing Nexus Study in
December 2018
$10,369
1 In the case that Applications No. 1, 2, and 4 are not awarded funding, any residual funding is recommended to
Application No. 3
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4b County of
SLO2 CDBG Administration $57,769
Total $444,380
Four applications for the 2018 CDBG Program Year were received by the City, totaling
$820,126 – almost double than the anticipated funding available. Attachment B includes a list of
the applications submitted to the City for CDBG funding and the recommended funding
amounts. Attachment C includes the December 6, 2017, HRC staff report with a description of
each funding request, followed by the meeting minutes as Attachment D.
The City is limited to using 15% of its allocation for public service uses with CAPSLO
requesting $131,250 for the new homeless shelter, 40 Prado. In the past, the City has chosen to
provide 100% of this allowance to the Maxine Lewis Shelter to maximize the benefit of these
funds. The City will continue this trend in 2018 and is recommending $66,657 in funding for the
new shelter.
The recommendation also reflects the maximum allowed grant allocation of 20% for program
administration. The City has entered into a Cooperation Agreement with the County for program
years 2018-20. This Agreement includes a provision for the County to retain 2/3 of the 20%
allocation to cover administrative costs associated with City funded projects. CDBG
administration includes processing CDBG applications, completing environmental clearances,
preparing contracts, preparing quarterly reports and monitoring projects as they progress. The
recommendation is consistent with the 2018-20 Cooperation Agreement.
Next Steps
Final CDBG allocations from HUD have not been released; should an increase in CDBG funds
be announced, staff recommends the additional funds be given to the Courtyard at the Meadows
housing project after subtracting the public services and program administration increases. The
Draft Council Resolution reflects this possible modification (Attachment A).
The 2018 CDBG funding recommendations adopted by the City Council will be forwarded to the
County Board of Supervisors for inclusion in the 2018 Urban County Action Plan, which
includes funding allocations for all of the participating jurisdictions. The Board of Supervisors is
scheduled to review the Action Plan in April 17, 2018. Although the CDBG fiscal year begins
on July 1, 2018, funds for projects awarded by the City Council are not expected to be available
until October.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061 (b)(3) General Rule of the
CEQA Guidelines. The project is an action to award funding.
2 CDBG administration funding share per the 2018 -20 Cooperation Agreement between the City and County
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FISCAL IMPACT
Decisions made regarding CDBG funding determine how the limited pool of funds the City
receives through the Urban County allocation process is spent. To the extent that projects and
staff efforts are funded through CDBG, the burden on the City’s General Fund and Affordable
Housing Fund to pay for those projects is reduced. As a result, staff time and projects that
receive CDBG funding have a positive fiscal impact on the City. Without CDBG, efforts to
implement policies, programs, and projects to provide affordable housing, as outlined in the
Housing Element and Housing Major City Goal, would either be funded by City sources or not
funded entirely.
ALTERNATIVES
1. The Council may modify the proposed funding amounts.
2. The Council may choose to fund and eligible CDBG application not recommended by the
HRC or staff.
3. The Council may continue consideration of funding for the 2018 CDBG Program Year. Staff
does not recommend this action because the City’s recommended funding priorities must be
received by the Count by the end of March in order to be included in the final 2018 Action
Plan.
Attachments:
a - Draft Resolution
b - Exhibit A to Resolution 2018 Community Development Block Grant Draft Funding
Recommendations
c - Council Reading File - 2018 CDBG Recommendation Human Relations Commission
Staff Report
d - HRC Meeting Minutes December 6, 2017
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE 2018 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis
Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Morro Bay, Paso
Robles, Pismo Beach, and the County of San Luis Obispo; and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement executed between the City and
County on September 23, 2014, and under applicable U.S. Department of Housing and Urban
Development Department (HUD) rules; and
WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan, and
HUD rules, the City Council held a public hearing on March 6, 2018, to consider funding
recommendations by the Human Relations Commission (HRC), to review applications for federal
grant funding, and to consider public comments on community needs and the use of such funds;
and
WHEREAS, the Council has considered applications for Community Development Block
Grant (CDBG) funds, public testimony, the Urban County’s proposed One-Year Action Plan, and
the HRC and staff recommendations included in the agenda report; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). It can be seen with
certainty that CDBG funding allocations could not have a significant effect on the environment.
SECTION 2. 2018 Community Development Block Grant Program Amendments. The
City’s 2018 Community Development Block Grant Program is hereby approved, as shown in
Exhibit A. The Community Development Director is authorized to approve final dollar amounts
once HUD releases allocations with the direction to make up differences in the two amounts. Any
additional increase in funding shall be allocated to HASLO and SLONP’s affordable housing
project once increases for public services (15% of allocation) and program administration (20% of
allocation) have been adjusted.
SECTION 3. Board of Supervisors Consideration. The Council hereby forwards the
above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the
Board’s final action on the Urban County’s 2018 Consolidated Plan.
SECTION 3. Community Development Director Authority. The Community
Development Director is authorized to act on behalf of the City in executing grant agreements and
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Resolution No. _____ (2018 Series) Page 2
R ______
other actions necessary to implement the approved Consolidated Plan and CDBG Program,
including revisions to funding amounts for the 2018 CDBG Program if the City’s actual CDBG
allocation is different than expected.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
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
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2018 CDBG General
Fund
Other
Sources
No. Activity (Note 1)(Note 2)(Note 3)Total
Public Services $66,657 Available (15% of $444,380)
1 40 Prado Homeless Shelter 131,250$ 66,657$ 132,000$ -$ 198,657$
SUBTOTAL, Public Services - 15% Max 131,250$ 66,657$ 132,000$ -$ 198,657$
2 Affordable Housing Site Acqusition:
Courtyard at the Meadows 350,000$ 288,847$ -$ 600,000$ 888,847$
3 ADA Street Improvements - Curb
Ramps 250,000$ -$ -$ -$ -$
SUBTOTAL, Housing/Public Facilities 600,000$ 288,847$ -$ 600,000$ 888,847$
4a CDBG Administration 31,107$ 31,107 -$ -$ 31,107$
4b County of SLO (Note 4)CDBG Administration 57,769$ 57,769$ -$ -$ 57,769$
88,876$ 88,876$ 88,876$
820,126$ 444,380$ 132,000$ 600,000$ 1,176,380$
1 Estimated Funding for CDBG Program Year 2018: $444,380
2 Tentative General Fund allocations for FY 18-19 (Estimate based on combined Prado Day and Maxine Lewis Shelter funds)
3 Anticipated Affordable Housing Fund Award, Final Award Subject to Council Approval
4 CDBG administration funding share per the 2018-20 Cooperation Agreement
5 In the case that Applications No. 1, 2, and 4 are not awarded funding, we recommend any residual funding to Application No. 3
2018 CDBG Preliminary Funding Recommendations
Amount Recommended
Amount
RequestedApplicant
CAPSLO
g
City of SLO
SUBTOTAL, Program Admin/Planning - 20% Max
TOTAL
NOTES:
HASLO & SLONP
Program Administration $88,876 Available (20% of $444,380)
City of SLO (Note 5)
Page 1
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Meeting Minutes
Human Relations Commission
Wednesday, December 6, 2017
Regular Meeting of the Human Relations Commission
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Human Relations Commission was called to order on
Wednesday, December 6, 2017 at 5:00 p.m. in the Council Hearing Room, located at 990 Palm
Street, San Luis Obispo, California, by Vice-Chair Welts.
OATH OF OFFICE
City Clerk Carrie Gallagher administered the oath of office to newly appointed Commissioner
Samuel Hughes.
ROLL CALL
Present: Commissioners Michelle Tasseff, Brett Raffish, Barrie DuBois, Samuel
Hughes, and Vice-Chair Nancy Welts
Absent: Commissioner Carol Sexton and Chair Robert Clayton
Staff: Cara Vereschagin, Planning Technician; Xzandrea Fowler, Deputy
Director; Rebecca Gershow, Associate Planner; Carrie Gallagher, City
Clerk
PUBLIC COMMENT
None
CONSIDERATION OF MINUTES
ACTION: MOTION BY COMMISSIONER RAFFISH, SECOND BY COMMISSIONER
TASSEFF CARRIED 5-0-2 to approve the minutes of the Regular Meeting of the Human
Relations Commission of November 1, 2017.
BUSINESS ITEMS
1. Neighborhood Matching Grant Program Update
Associate Planner Gershow gave an annual update to the Commission on the
Neighborhood Matching Grants (NMG) program. Gershow provided a PowerPoint
presentation, which described the background of the program, the grant selection process,
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City of San Luis Obispo, Title, Subtitle
Meeting Minutes
Human Relations Commission Meeting of December 6, 2017
Page 2
Minutes Approved by HRC on February 7, 2018
responsibility of the HRC in the grant process, information about previously funded
projects, and a variety of pictures from past grant awards.
Commissioners provided feedback for further promotion of the program. Gershow
facilitated a dialogue for future ideas City Staff could utilize for neighborhood
involvement.
A suggestion for improvement from a community member was provided as well.
PUBLIC HEARINGS
2. 2018 Community Development Grant (CDBG) Draft Funding
Recommendations
Planning Technician Vereschagin provided a PowerPoint presentation which provided an
overview of the Community Development Block Grant (CDBG) program and the
responsibility of the HRC in the grant process. Vereschagin also provided Staff
recommendations as to funding allocations for the applicants.
Public Comment
Scott Smith, Housing Authority of San Luis Obispo (HASLO), provided background
information on the Courtyard at the Meadows project, the Homeless Services Shelter, and
the various work efforts of HASLO. He also thanked Staff for the CDBG
recommendations.
There being no other desiring to speak on this item, the public comment was closed.
ACTION: MOTION BY COMMISSIONER RAFFISH, SECOND BY COMMISSIONER
DUBOIS CARRIED 5-0-2 to approve the 2018 Community Development Block Grant
recommendations.
COMMENTS & DISCUSSION
3. Consider Cancellation of January 2018 Meeting
ACTION: MOTION BY COMMISSIONER HUGHES, SECOND BY COMMISSIONER
TASSEFF CARRIED 5-0-2 to cancel the January 2018 meeting.
ADJOURNMENT
Vice-Chair Welts adjourned the meeting at 5:54 p.m. The next Regular meeting of the
Human Relations Commission is scheduled for Wednesday, February 7, 2018 at 5:00 p.m.,
in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California.
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Meeting Date: 3/6/2018
FROM: J. Christine Dietrick, City Attorney
SUBJECT: 2018 LEGISLATIVE ACTION PLATFORM
RECOMMENDATION
1. Adopt a resolution establishing a Legislative Action Platform for 2018; and
2. Provide direction to staff on the scope and application of the legislative platform related to
advocacy for non-legislative items or particular projects; and
3. Appoint the Mayor, City Attorney and City Manager to act as the primary legislative liaisons
between the League of California Cities and the City of San Luis Obispo.
DISCUSSION
Legislative Action Program
Attached for the Council’s consideration is a resolution establishing the City’s 2018 Legislative
Action Platform. Similar resolutions have been adopted by the Council since 1993. The City
Attorney's Office coordinates the Legislative Action Program with assistance from the
Administration Department and from various City departments, as appropriate. This resolution
authorizes staff to respond to legislative issues affecting the City (via letters signed by the Mayor or
relevant Department Head), provided that the positions taken in the letters are consistent with the
priorities identified in Exhibit A to the resolution (Attachment - A) and League of California Cities
advocacy efforts.
By establishing a broad legislative platform and delegating responsibility to the Mayor and staff to
respond to proposed legislation and recommendations from the League of California Cities, the City
is better able to react quickly to changed circumstances and urgent requests than it would be if each
item were brought to the Council at its regular meetings. The process is considered a best practice,
has been efficient given the limited City resources available, and the City continues to be very
active in communicating its positions on Federal and State legislation. In 2017, the City sent 18
letters pertaining to pending legislation utilizing the Legislative Action Platform.
In preparing this year’s draft platform, input was solicited from all City Departments. Staff was
asked to take a critical look at the items within their scope of operations and expertise and evaluate
whether there was an opportunity to narrow or focus the platform. With that look, several additions
and clarifications were recommended. All changes, including language clean-ups and issue
consolidations, are shown in the legislative draft of the 2017 Platform attached to this report
(Attachment - B). In addition to Council’s substantive direction on the platform, staff also is
seeking direction as to the application of the platform to City positions on particular projects or
applications that Council Members believe raise issues related to the platform. Historically, and as
affirmed by the City Councils of the last two years, the platform has been utilized primarily to
advocate for or against a particular piece of legislation and not for or against a particular project or
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permitting application (adjudicative acts before other jurisdictions’ legislative bodies). Staff
continues to recommend that the scope be limited to legislative action, but again requests explicit
direction from the Council majority on that issue to ensure clarity in expectations moving forward.
Legislative Liaison Appointments
The League of California Cities encourages cities to appoint a council member and a staff person to
act as legislative liaisons between the League and the City. Staff recommends that Mayor Heidi
Harmon act as the Council legislative liaison and the City Attorney and the City Manager serve as
the staff liaisons.
CONCURRENCES
All City Departments provided input on the 2018 Legislative Platform and concur with the
recommendations in this report.
FISCAL IMPACT
Because no additional staff workload is anticipated as a result of this ongoing program, no new
fiscal impact will be incurred.
ALTERNATIVES
The Council may wish to include other issues, not included in the current draft. However, it is
important to note that the Legislative Action Platform allows the City to take action on any bills and
other measures formally supported by the League of California Cities. It is staff’s recommendation
that desired additions to the Platform are generally crafted and flexible to allow for quick responses
to legislation important to cities.
Attachments:
a - Resolution establishing a Legislative Action Platform for 2018
b -Exhibit A - Legislative Draft of 2018 Platform
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R ____
RESOLUTION NO. XXXX (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING THE CITY LEGISLATIVE
ACTION PLATFORM FOR 2018 AND APPOINTING THE COUNCIL
MEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE
CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA
CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative
action platform which strengthens local government, promotes City goals and defends the City
against legislative actions by State and Federal governments that would weaken local government
and/or take away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to
effectively communicate with State Legislators and Federal representatives in order to favorably
influence State and Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision-
making processes directly affecting the City legislative priorities identified in Exhibit “A,” and other
selected issues as may from time to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City’s Legislative Action Platform is face-to-face
meetings between City representatives and elected officials at the Federal, State, and County levels,
and coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
SECTION 1. Establish the Legislative Action Platform for 2018 as set forth in the attached
Exhibit “A” and authorize the Mayor and designated staff to take positions on legislation generally
consistent with the Legislative Action Platform and such other resolutions and recommendations of
the League of California Cities as may be from time to time presented to the City; and
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Resolution No. XXXX (2018 Series) Page 2
R ________
SECTION 2. Appoint Mayor Heidi Harmon to act as Council Member legislative liaison
and City Manager Derek Johnson and City Attorney Christine Dietrick to act as staff legislative
liaisons with the League of California Cities.
Upon motion of ____________________, seconded by ________________, and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ___ day of __________ 2018.
_______________________
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
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EXHIBIT A
CITY OF SAN LUIS OBISPO
LEGISLATIVE ACTION PLATFORM FOR 2018 7
Community Development
1. Promoting reforms of the entire State mandated HCD Regional Housing Need
Allocations process to recognize local resource limitations.
2. Providing funding (i.e. through Cap and Trade or other sources) for communities
to pay for public infrastructure that meet mandated greenhouse reduction goals.
3. Providing funding to implement programs and related action items contained in
Climate Action Plans to quantitatively reduce greenhouse gases.
3.4. Providing communities broad authority to form and administer Community
Choice Energy programs.
4.5. Promoting funding for the transition to clean technologies and low or zero-carbon
energy.
5.6. Promoting funding sources to accomplish retrofitting of unreinforced masonry
buildings.
6.7. Promoting funding of on-campus housing at Cal Poly for student and faculty
housing and University acquisition of single family residences for staff and faculty
housing.
7.8. Preserving local control of planning and zoning matters.
8.9. Supporting efforts to increase funding for affordable housing and supportive
housing services for very low, low and moderate income individuals and/or families for
all cities and communities and opposing the erosion of local inclusionary housing and
in-lieu fee programs.
9.10. Supporting continued funding of National Housing Trust Fund and streamlined
and efficient implementing regulations at the state level.
10.11. Promoting additional state funding to implement AB 32 and SB 375 through
local general plan updates that implement the regional sustainable communities plan and
alternative planning strategy, if needed.
11.12. Promoting funding for the identification, acquisition, maintenance and
restoration of historic sites and structures.
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LEGISLATIVE ACTION PLATFORM FOR 2018 7
Page 2
12.13. Supporting continued or expanded funding for CDBG program.
13.14. Supporting reinstatement of protections from imposition of additional building
or site conditions prior to issuance of a building permit for seismic related improvements
to buildings subject to a mitigation program established according to state law (City
URM Program) as previously provided in Government Code Section 8875.10 (this
section was repealed effective January 1, 2009).
14.15. Supporting continued local control over mobile home park rent stabilization and
the conversion of mobile home parks to other uses. Encourage the amendment of
Section 66427.5 of the California Government Code and other relevant law for the
purpose of ensuring that mobile home park residents are not involuntarily removed
from homes or otherwise economically impacted if parks are subdivided or converted.
15.16. Resolving and addressing regulatory or financial barriers to implement
Promoting financing for and implementation of AB 811 property-assessed clean energy
districts.
16.17. Encouraging continued viability of inclusionary housing provisions and
avoidance of conflicts with Costa-Hawkins Act.
17.18. Encouraging consistency in state legislation dealing with transportation,
housing and land use issues and eliminating potential conflicts between regional
housing requirements, smart growth mandates and environmental legislation.
19. Enabling the issuance of parking citations on private property.
18.20. Supporting State funding to achieve state mandated affordable housing programs
and an equal and fair distribution to rural and suburban counties and cities.
19.21. Advocating full funding of authorized programs under the McKinney-Vento
Homeless Assistance Act, including providing more flexibility in the use of Federal
funds on the local level to address housing for the homeless.
22. Supporting legislation that provides funding sources for appropriate human
service agencies that support the mi ssion of the Human Relations Commission.
20.
21.
22.23. Supporting responsible review and revision of CEQA to ensure sound
environmental determinations.
23.24. Promoting pragmatic and clarifying actions to implement Proposition 64 and
preserve local land use decision making related to cannabis regulations.
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LEGISLATIVE ACTION PLATFORM FOR 2018 7
Page 3
Supporting modern and cost-efficienefficient, thorough and accuratet methods for the
population to exercise its civic obligation to be counted in the 2020 Census.
Economic Development
24.25. Promoting funding and/or legislation using tax credits or other incentive
programs to encourage research and development by businesses in California.
25.26. Supporting funding and policies for the promotion of California as a place to
locate businesses.
26.27. Supporting funding for the state tourism promotion program.
27.28. Supporting the effective and efficient use of all communications technologies
including voice, video, data, and information services over wired and wireless
transmission technologies.
28.29. Supporting telecommunications reform legislation and other measures that
preserve local control over public rights-of-way, protect local resources and guarantee
access to, funding for, and local flexibility in utilizing funds for public, educational
and government (PEG) access television.
29.30. Supporting the expansion of public infrastructure financing tools and funding for
infrastructure to provide economic development opportunities.
30.31. Promoting development of green business and head of household jobs.
31.32. Supporting factual analyses of impacts and associated mitigations for losses of
major regional employers that provide significant head of household jobs.
Finance
32.33. Supporting meaningful fiscal reform that allows each level of government to
adequately finance its service responsibilities while continuing to support efforts to
protect the City from loss of revenues due to State take-aways and unfunded State or
Federal mandates.
33.34. Advocatinge against initiatives that unduly burden and/or prohibit local
government ability to support essential services to the community.
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34.35. Endorsing legislation that provides local government with a fair share tax on
catalog and Internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales.
35.36. Supporting efforts to collect the full amount of local transient occupancy tax from
online sales of lodging.
36.37. Supporting the continuation of California Specialized Training Institute
activities within San Luis Obispo County.
37.38. Opposing legislation that removes the municipal bond tax exemption.
39. Supporting clarity regarding local regulatory control and revenue equity for cities
in any statewide regulation or permitting of process medical marijuana establishments or
uses.
38.
Human Resources/Employee RelationsHuman Relations
39.40. Supporting additional workers’ compensation reforms that lower employers'
costs while still protecting workers and opposing legislation that would restrict
appropriate cost controls in the workers’ compensation system.
40.41. Supporting pension and retiree health benefits reform efforts, policy changes,
and permissible administration decisions aimed at reducing unfunded liabilities,
reducing costs, and ensuring the long-term viability of the defined benefit pension system
in concert with the League of California Cities and the California Public Employees
Retirement System (PERS) Board of Directors.
41.42. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters'
Bill of Rights," or other attempts to curtail management rights.
42.43. Supporting legislation to protect the City's continued ability to administer its
Cafeteria Benefit Plan and maintain comprehensive health care coverage for eligible
employees, in a financially sustainable manner .
43.44. Supporting reforms that limit the financial impacts of joint and several liability
on public entities.
44.45. Supporting the clarification, modification or repeal of AB 646 fact finding
requirements and opposingse measures that reduces the local control over public
employee disputes.
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46. Opposing the expansion of procedural rights and requirements in administrative
disciplinary proceedings that increase costs and expand the timeframe and scope of
administrative processes.
47. Opposing measures that impose local government mandated employee benefits
that are more properlyshould be directly negotiated between labor groups and
employersat the bargaining table.
48. Supporting Federal legislation to modify, refine, or eliminate Federal Labor
Standards Act (FLSA) requirements on public agencies.
45.49. Opposing legislation applying joint and several liability to agencies who have
entered into Joint Powers Agreements (JPAs).
Public Safety
46.50. Continuing State and Federal funding support for school safety, disaster
preparedness, earthquake preparedness, Homeland Security, hazardous material
response, State COPS program and other local law enforcement activities.
47.51. Preserving the City's authority to investigate police misconduct.
48.52. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors.
49.53. Preserving the authority of local control on issuance of concealed weapons
permits.
50.54. Supporting legislation to help curb alcohol-related criminal behavior and
underage drinking.
51.55. Opposing new or increased state fees for state provided law enforcement
services.
52.56. Supporting the fair and efficient allocation of radio spectrum that provides
quality frequencies, free from interference, for all local public safety communication
needs.
53.57. Supporting efforts to enhance radio and data system(s) stability and
interoperability among public safety agencies and jurisdictions .
54.58. Supporting efforts to reduce retention periods for video monitoring data not
related to an identified incident or operation.
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55.59. Preserving the City's right to regulate activities with adverse health and safety
impacts on local streets, sidewalks and right-of-ways.
60. Supporting legislation to improve and enhance the safety of cargo transported via
rail, including but not limited to: safety enhancements for rail vessel construction with
an emphasis on efforts to rapidly improve the safe transport of volatile crude oil and limit
the use of older, “grandfathered” containers and vessels; enhancements in remote
monitoring and control of railcar speeds; reduction of railcar speeds in populated areas
like San Luis Obispo; enhancements in communications, notifications and information
dissemination to local governments, especially public safety agencies.
61. Supporting and expanding funding and programs to proactively reduce fire risk
attributed to heavy vegetative fuels loads, high tree mortality, drought, and climate
change to remove diseased, dead and/or down combustible vegetation, thin forests to
improve forest health, and create effective defensible space between the undeveloped
and developed environments.
62. Supporting grants and aid to land/property owners with properties one mile or
less from natural vegetation, which are threatened by wind-driven fire events, to harden
structures again fire impingement and create sustainable defensible spaces.
63. Supporting grantds and aid to local governments to develop modern evacuation
communications systems to effectively reach all residents in a timely fashion via voice,
text, email, and other electronic means.
64. Supporting legislation that would result in the implementation of a statewide
modern evacuation communications system to effectively reach all residents in a timely
fashion via voice, text, email, and other electronic means, which is available for use by
local governments at the discretion of local governments.
56.65. Supporting legislation to preserve and enhance local control, at the City level, for
the provision of public safety services, including the scope and provision of medical and
non-medical emergency services.
57.66. Supporting uniformity of state and federal regulations of drones and the study
and adoption of appropriate local airport protections and public safety exemptions.
Public Works
58.67. Supporting increased availability of grant funding to replace aging infrastructure
of all types, e.g. streets, bridges, water, sewer, parks, and storm sewer systems, etc.
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59.68. Supporting increased funding for projects that improve flood protection for the
City.
60.69. Supporting funding for implementation of clean stormwater / low impact
infrastructure replacement.
61.70. Ensuring cooperation and prompt approval from Federal and State regulatory
agencies (such as the Department of Fish & Game, Regional Water Quality Control
Board and the Army Corps of Engineers) for necessary projects involving the City's
creek system.
62. Exempting assessments for vital infrastructure from Proposition 218
requirements.
63.71. Supporting monetary incentives or grant funding for alternative fuel vehicles for
replacement of municipal fleet equipment.
64.72. Supporting monetary incentives or grant funding for retrofitting municipal
buildings with Energy Management Systems to centrally control all lighting and HVAC
systems.
73. Supporting realistic municipal clean stormwater requirements at the State Board
or legislative level.
74. Supporting legislation that reduces implementation timeframe for Public Projects
in a cost-effective manner.
Parks and Recreation and Natural Resources
65.75. Supporting State and Federal funding and other measures to promote the
acquisition, protection, preservation and restoration of natural resources, open space,
coastal resources, signature land forms, wetlands and park development, including
continued funding for the Land and Water Conservation Grant Program and for the
California Conservation Corps.
66.76. Supporting the expansion of National Marine Sanctuary off the coast of San
Luis Obispo County to protect this fragile habitat from offshore oil and gas development.
67.77. Opposing any development under existing or new offshore oil and gas leases
off the Coast of San Luis Obispo County.
68.78. Supporting measures to prohibit discharge of pollutants into the ocean (e.g.
selenium contaminated waters from the San Joaquin valley).
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69.79. Encouraging the Resources Agency and its departments to expedite the
distribution of remaining Proposition 1 bond funds to take advantage of the many
favorable opportunities for land and easement acquisition and enhancement project
contracting that exist at this time.
70.80. Seeking legislative exemption from property taxes on lands dedicated to open
space purposes which are outside the boundaries of the jurisdiction owning such
lands.
71.81. Protecting funding for vital regional and community services that negatively
impact Californian's access to parks, open space, after school programming, senior
services, facilities that promote physical activity, protect natural resources, and
strengthen safety and security.
72.82. Promoting policies that recognize the benefits of parks and recreational
facilities in the advancement of "sustainable communities" and curbing greenhouse
gas emissions, including: strengthening policies that fund parks, open-space, bike
lanes and non-motorized trails through the development and implementation of a
carbon credit and offset program, and advocating for the strong integration of local
and regional park and non-motorized transportation improvements into "Smart
Growth Scenarios" pursuant to SB 375.
73.83. Supporting access to joint use of schools; parks and open space; development
of streets and trails that encourage physical activity and healthy living.
74.84. Supporting extension or permanent legislation at the federal level of enhanced
tax deductions for charitable donations of Conservation Easements
Transportation
75.85. Supporting changes in gas tax laws that allow local tax for transportation
purposes based on a majority vote of the public.
76.86. Supporting the continuation of, and increased funding sources for street
maintenance projects, transportation improvements, transit operations and bicycle
multimodal facility projects.
77.87. Supporting clean air transit funding for San Luis Obispo County , in
particular funding that provides for alternative modes of transportation with clean
air benefits.
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78.88. Supporting actions to: (1) promote cooperation and mutual support between
metropolitan planning organization (MPO) agencies and local transit providers, and
(2) discourage trends toward " MPO agencies/regional "control" of local transit
providers.
79.89. Encouraging private transportation companies (such as Union Pacific Railroad)
to reach agreements for sharing of properly secured right of way corridors for other
compatible uses such as bicycle and pedestrian facilities.
80.90. Opposing the proposed diversion of any funding source for transportation that
reduces amounts designated for transit operations.
81.91. Supporting funding for projects to implement adopted complete street plans
demonstrated to improve public health and reduce greenhouse gas emissions.
82.92. Supporting provision of Cap and Trade funding for intercity rail.
93. Supporting increased funding for existing Active Transportation Program (ATP).
83.94. Preserving funding that fundsfor existing and future transportation needs.
Utilities
84.95. Supporting clean water funding programs.
85.96. Supporting recycling and waste diversion programs and enhancing local
government's ability to comply with solid waste reduction requirements.
86.97. Supporting measures that require the State Water Resources Control Board and
Regional Water Quality Control Boards establish a process to evaluate, in advance of
adoption, the costs of compliance for pending and future regulatory actions on NPDES
permittees.
87.98. Supporting legislation that requires the State's environmental agencies to
conduct peer review of proposed regulations to ensure that the proposal is based on
sound science.
88.99. Supporting the elimination of mandatory minimum penalties for violations
of NPDES Requirements and returning discretionary control to the Regional Water
Quality Control Board Executive Officers (i.e. repeal SB 709).
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89.100. Supporting measures to ensure reasonableness in the administration of
NPDES permit governing City operations, including pursuing a municipal
representative on the Regional Water Quality Control Board
90.101. Promoting the safe, responsible, and cost-effective reuse of Exceptional
Quality or better biosolids.
91.102. Supporting any appropriate streamlining of the state regulatory
processes.
92.103. Supporting sustainable energy programs.
93.104. Supporting incentives for distributed energy generation projects such
as solar power.
94.105. Supporting legislation allowing cities/agencies to establish fees for the
costs of operating mandated water quality programs such as, but not limited to,
municipal storm water and total maximum daily loading.
95.106. Supporting federal legislative action to transfer Salinas Reservoir from
Army Corps of Engineers Military Project to Army Corps of Engineers Civil Works
Project.
96.107. Supporting the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water
conservation and compliance with AB 1420.
97.108. Supporting amendments to the Urban Water Management Planning Act
to recognize past investment in water conservation and the City's ability to comply
with SBx7-7 and other water conservation regulations.
109. Opposinge legislation that requires recycled water to be included in water
conservation regulations.
98.110. Promoting legislation that expands or encourages the expansion of
recycled water production and use.
99.111. Supporting legislation eliminating departing load charges which
discourage the use of alternative energy resources.
112. Allowing the use of Public Goods Funds for the development and installation of
energy saving or green energy generating projects to benefit local government.
100.113. Opposing legislation that diminishes the City’s existing water rights.
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101.114. Promoting the protection of water resources, including water quality,
watershed protection, and treatment discharge measures..
102.115. Supporting the protection of our natural resources from invasive species.
103.116. Promoting sustainability of our water resources through the use of
recycled water and other best practices.
117. Supporting regional water resiliency initiatives.
104.118. Supporting one water initiatives.
County/Regional Priorities
105.119. Supporting legislation and other policy considerations to expand funding for
the delivery of case management, drug, alcohol, and detoxification services, mental
health services, and the establishment of shelter facilities.
106.120. Working with the County to assure land use practices that are consistent
with the Memorandum of Agreement adopted by the City Council and County Board of
Supervisors in 2016 regarding development near the edges of the City.
107.121. Encouraging participation by County in providing nearby parking for
County employees and clients, and alternate transportation and parking demand
reduction.
108.122. Supporting County development of a local ordinance providing additional
local oversight and regulation of the land application of Pollutant Concentration (PC) or
better biosolids.
109.123. Working cooperatively with the County to solve City/County flood
problems.
110.124. Supporting the San Luis Obispo County Air Pollution Control District's
legislative program, where consistent with the City's adopted policies and platform.
111.125. Supporting the San Luis Obispo Council of Governments' legislative
advocacy activities, where consistent with the City's adopted policies, platform and
public project objectives.
112.126. Supporting County efforts to enhance dangerous animal regulation and
enforcement.
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113.127. Supporting the streamlining, clarification and simplification of conflict of
interest regulations applicable to local officials.
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Meeting Date: 3/6/2018
FROM: Christine Dietrick, City Attorney
SUBJECT: URGENCY ORDINANCE REAUTHORIZING THE FEE TO SUPPORT THE
CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS
CHANNEL FACILITIES AND DECLARING SAME TO BE AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY
RECOMMENDATION
Adopt an Urgency Ordinance reauthorizing the fee to support the City’s public, educational,
and governmental (PEG) access channel facilities and declaring the same to be an urgency
measure to take effect immediately.
REPORT-IN-BRIEF
San Luis Obispo’s state licensed video provider takes the position that the PEG franchise fee
must be reauthorized once a state license for the provider expires. City staff disagrees with this
contention, but it is prudent to reauthorize to ensure that PEG fees are secured and potential
litigation over the issue.
DISCUSSION AND BACKGROUND
In 2006, the state Legislature passed the Digital Infrastructure and Video Competition Act of
2006 (DIVCA). As part of DIVCA, section 5870(n) of the California Public Utilities Code
authorized the City to adopt an ordinance establishing a fee on state-franchised video service
providers to support public, educational, and governmental (PEG) access channel facilities. As
such, the City adopted Ordinance 1542 establishing such a fee, which is codified in Section
5.72.010 of the Municipal Code. This fee is established at 1% of gross revenues for the video
service provider.
Some municipalities throughout the state have reached the conclusion that ordinances authorized
under section 5870(n) of the Public Utilities Code expire, and may be reauthorized, upon the
expiration of a state franchise, although a reasonable interpretation is that the 1% PEG fee does
not expire and that the expiration provision contained in Section 5870(n) applies only to
ordinances imposing a PEG fee at a rate greater than 1%.
City staff’s interpretation of section 5870(n) of the Public Utilities Code is that the 1% fee to
support PEG channel facilities authorized by that code section does not expire upon th e
expiration of any particular state franchise holder. However, to the extent that Charter disagrees
with that interpretation and any court or reviewing authority could find otherwise, staff
recommends that the City Council reauthorize the fee on state-franchised video service providers
to support PEG access channel facilities, which fee shall remain unchanged and in full effect as
to all state-franchised video service providers.
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In an abundance of caution, staff recommends that the City Council unambiguo usly reauthorize
the PEG fee, although it may not be necessary. The state franchise granted to CCO SoCal I,
LLC, DBA Charter Communications, expired and was reauthorized by the state in December
2017, and Charter has requested information regarding whether the City has reauthorized its PEG
fee. Charter has made it clear to the City that status quo will be maintained from Charter’s
perspective (the fee will continue to be paid) as long as the City PEG fee is re-enacted by the end
of the first quarter. Adoption of this ordinance as an urgency ordinance, will meet that time line.
This item includes an urgency ordinance that, if approved by Council, would take effect
immediately. The reason an urgency ordinance is recommended, as opposed to a regular
ordinance, is that a regular ordinance takes two readings and is not effective until thirty (30) days
after the second reading. Following the regular adoption procedures would result in an effective
date after the end of the first quarter. Adopting as an urgency ordinance therefore negates any
argument with Charter about the validity of the current charge or the necessity of readopting the
PEG franchise fee.
Conclusion
For the reasons outlined above, staff recommends that the Council find that there is an urgent
need to take action to protect the City's ability to collect PEG franchise fees, and adopt an
Urgency Ordinance (Attachment A) that reauthorizes the 1% fee on any state franchised video
service providers that are or will be operating in the City of San Luis Obispo to support PEG
access channel facilities, upon the expiration of that state franchise, which fee shall remain
unchanged and in full effect.
This adoption requires at least a four-fifths vote of the Council, in accordance with Government
Code Section 36937.
ENVIRONMENTAL REVIEW
None required.
FISCAL IMPACT
City Finance reports show the City received $58,895. The PEG fees are deposited into the City’s
PEG Fee Fund. These funds are used for capital costs such as production equipment and cameras
related to governmental cable programming. Adoption of this ordinance would continue this
level of PEG fee revenue into the future.
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ALTERNATIVES
1. Do not adopt urgency ordinance; direct staff to return with a regular ordinance.
2. Do not adopt the urgency ordinance.
Neither of these alternatives is recommended because Charter could take the position that it is
not obligated to pay the City’s PEG fee if the ordinance is not adopted prior to the end of the first
quarter.
Attachments:
a - DIVCA Ordinance
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O ______
URGENCY ORDINANCE NO. _____ (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REAUTHORIZING THE FEE TO SUPPORT
THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG)
ACCESS CHANNEL FACILITIES AND DECLARING SAME TO BE AN
URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act (DIVCA) of 2006, authorized the City to
adopt an ordinance establishing a fee on state-franchised video service providers to support public,
educational, and governmental (PEG) access channel facilities; and
WHEREAS, the City adopted Ordinance 1542 (2010 Series) establishing such a fee, which
is codified in Section 5.72.010 of the Municipal Code; and
WHEREAS, The City’s cable provider and some municipalities throughout the state have
reached the conclusion that Section 5870(n) of the California Public Utilities Code requires
reauthorization of the ordinance upon expiration of the initial state franchise of any franchise
holder within the City; and
WHEREAS, if this fee is not reauthorized immediately, the City could lose funding for its
PEG programming facilities, which would jeopardize a trustworthy, reliable, and immediate means
by which the City communicates with its residents; and
WHEREAS, any lapse in funding may also lead to confusion among state video
franchisees operating within the City regarding the payment of PEG fees leading the City to incur
additional costs to recover any overdue fees; and
WHEREAS, in an abundance of caution the City wishes to unambiguously reauthorize the
PEG fee; and
WHEREAS, the state franchise granted to CCO SoCal l, LLC DBA Charter
Communications, expired and was renewed in December 2017, and Charter Communications has
requested information regarding whether the City has reauthorized its PEG fee.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Municipal Code Section 5.72.010 is renumbered, restated, and the PEG fee
is reauthorized, as follows:
A. A fee paid to the city is hereby established for the support of public, educational,
and governmental access facilities and activities within the city. Unless a higher percentage is
authorized by applicable state or federal law, this fee shall be one percent of a state video holder’s
gross revenues, as defined in California Public Utilities Code Section 5860. This fee shall be
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Ordinance No. _____ (2018 Series) Page 2
O ______
remitted quarterly to the city treasurer and must be received not later than forty-five days after the
end of the preceding quarter. The fee payment shall be accompanied by a summary that explains
the basis for the calculation of the support fee for local cable usage.
Municipal Code Section 5.72.010 is amended to add a new subsection B., which will read
as follows:
B. The City’s interpretation of Section 5870(n) of the Public Utilities Code is that the 1%
fee to support PEG channel facilities authorized by that code section does not expire upon the
expiration of any particular state franchise holder but shall expire and may be reauthorized upon
the expiration of the legislative authorization of the state franchise. However, to the extent any
court or reviewing authority finds otherwise, the City hereby reauthorizes the fee set forth in this
section on state-franchised video service providers operating within the City, to support public,
educational, and governmental access channel facilities, which fee shall remain unchanged and in
full effect as to all state-franchised video service providers operating within the City. The City
hereby reauthorizes the fee on any additional state franchised video service providers that are or
will be operating in the City of San Luis Obispo to support public, educational, and governmental
access channel facilities, upon the expiration of that state franchise, which fee shall remain
unchanged and in full effect. Notwithstanding Public Utilities Code Section 5870(n), upon the
expiration of any state video franchise, without any further action of the City Council, this section
shall be deemed to have been automatically reauthorized, unless the state franchise holder has
given the City Manager and the City Council written notice ninety days prior to th e expiration of
its state franchise that the state franchise holder believes the section will expire concurrently with
the expiration of its state franchise pursuant to the terms of Public Utilities Code Section 5870(n).
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application therefore to any person or place, is for any reason held to be
invalid or unconstitutional by the final decision of any court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
SECTION 3. A summary of this ordinance, 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 become effective immediately upon passage and adoption hereof, as it is an
urgency ordinance intended to immediately protect the public welfare, health and safety.
INTRODUCED AND ADOPTED by the Council of the City of San Luis Obispo on the
____ day of ____, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
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Ordinance No. _____ (2018 Series) Page 3
O ______
ATTEST:
____________________________________
Carrie Gallagher, CMC
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, CMC
City Clerk
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