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07-10-2018 Agenda Packet
Tuesday, July 10, 2018 5:30 PM RESCHEDULED REGULAR MEETING Council Chamber 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 CONFERENCE REGARDING PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8 Property: APNs 002-436-005; 002-436-008; 002-436-012; 002-436-013; 002-436-018 and 002-436-019 Agency Negotiators: Derek Johnson, Christine Dietrick, Daryl Grigsby, Michael Codron, Greg Hermann, Jon Ansolabehere, Tim Bochum, Scott Lee Negotiating Parties: Nick Thompkins and County of San Luis Obispo Under Negotiation: Price and terms of payment ADJOURNED TO THE RESCHEDULED REGULAR MEETING OF JULY 10, 2018 TO BEGIN AT 6:00 PM San Luis Obispo City Council Agenda July 10, 2018 Page 2 6:00 PM RESCHEDULED 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 Dan Rivoire CITY ATTORNEY REPORT ON CLOSED SESSION PRESENTATIONS 1.POLICE DEPARTMENT SERVICE AWARDS (CANTRELL – 5 MINUTES) Presentation by Chief Cantrell recognizing Police Department personnel for their service. 2.SOUTH COUNTY TRANSIT CONSOLIDATION INTO THE REGIONA L TRANSIT AUTHORITY (RTA) (STRAW – 10 MINUTES) Presentation of RTA goals and Joint Powers Agreement impacts, concerning the consolidation of South County Transit into RTA. 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 C lerk prior to the meeting. At this time, you may address the Council on items that are not on the agenda. Time limit is three minutes. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items. San Luis Obispo City Council Agenda July 10, 2018 Page 3 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. 3.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 4.MINUTES OF JUNE 19, 2018 (PURRINGTON) Recommendation: Approve the minutes of the City Council meeting of June 19, 2018. 5.2018-19 COMMUNITY PROMOTIONS PROGRAM – TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) & PROMOTIONAL COORDINATING COMMITTEE (PCC) (CANO) Recommendation: As recommended by the Tourism Business Improvement District (TBID) Board and the Promotio nal Coordinating Committee (PCC): 1.Authorize the City Manager to enter into various contracts and program expenditures for the Tourism Business Improvement District (TBID) not to exceed the 201 8-19 program budget of $1,473,400. 2.Authorize the carryover of $230,000 from the remaining 2017-18 program budget for various contracts and program expenditures in 2018-19. 3.Authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2017-18 fiscal year, following the completion of the City’s financial statements audit, for tourism marketing expenditures in 2018-19. 4.Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2018-19 in accordance with the TBID reserve policy 5.Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2018-19 program budget of $403,386. San Luis Obispo City Council Agenda July 10, 2018 Page 4 6.EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION OF SALE (GRIGSBY / HORN / COLLINS) Recommendation: Authorize the designation and disposal of surplus items in accordance with the City’s policies and procedures. 7.REVISIONS TO THE CITY OF SAN LUIS OBISPO TRAVEL & MEETING GUIDELINES (ELKE / JATHANNA) Recommendation: 1.Adopt the revised City travel and meeting guidelines related to the implementation of the City’s new Enterprise Resource Planning (ERP) financial system. 2.Rescind Resolution No. 9850 (2006 Series) and adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the City’s Travel and Meeting Expense Policy Guidelines.” 8.CALIFORNIA HIGHWAY PATROL AGREEMENT FOR BACKFILL REIMBURSEMENT - FY 2018 (CANTRELL / ELLSWORTH) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Chief of Police or Designee to enter into a contract with the California Highway Patrol.” 9.OCTAGON BARN CENTER GRANT AGREEMENT AMENDMENT NO. 1 (JOHNSON / HILL) Recommendation: Authorize a grant agreement between The Land Conservancy of San Luis Obispo County (LCSLO) and the City of San Luis Obispo allowing an additional two -year term for the Octagon Barn Center project. 10.ALLOCATION OF AFFORDABLE HOUSING FUNDS FOR THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND (CODRON / VERESCHAGIN) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council o f the City of San Luis Obispo, California, allocating affo rdable housing funds to support the ongoing operating expenses of the San Luis Obispo County Housing Trust Fund in the amount of $80,000.” San Luis Obispo City Council Agenda July 10, 2018 Page 5 11.SILT REMOVAL 2018 (GRIGSBY / HORN / RENIERE) Recommendation: 1.Approve Plans and Specifications Silt Removal 2018, Specification No. 91523; and 2.Authorize staff to advertise for bids; and 3.Authorize the City Manager to award the construction contract of up to $120,000 to the lowest responsible bidder. 12.GRAND JURY RESPONSE REGARDING RESIDENTIAL DETOXIFICATION IN SAN LUIS OBISPO COUNTY. (JOHNSON / CANTRELL) Recommendation: Receive and file the County of San Luis Obispo Grand Jury response regarding evaluation of a pre-booking substance abuse diversion program. STUDY SESSION ITEMS 13.WATER RESOURCE RECOVERY FACILITY (WRRF) PROJECT LABOR AGREEMENT EVALUATION (JOHNSON / DIETRICK / MATTINGLY – 60 MINUTES) Recommendation: Receive a report on the potential use of a Project Labor Agreement in connection with the City’s WRRF Project and provide direction to staff whether to proceed with negotiation of an Agreement. PUBLIC HEARING AND BUSINESS ITEMS 14.PUBLIC HEARING TO CONSIDER CONDUIT FINANCING FOR THE JUDSON TERRACE HOMES APARTMENTS AFFORDABLE HOUSING PROJECT (CODRON / VERESCHAGIN – 10 MINUTES) Recommendation: Adopt a Resolut ion entitled, “A Resolution of the City Council o f the City of San Luis Obispo, California, approving the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $44,000,000 to finance a 107-unit multifamily rental housing facility for the benefit of Judson Terrace Senior Housing, L.P. (or an affiliate), and certain other matters relating thereto .” San Luis Obispo City Council Agenda July 10, 2018 Page 6 15.PUBLIC HEARING TO CONSIDER EXPANSION OF THE FERRINI RESIDENTIAL PARKING PERMIT DISTRICT (GRIGSBY / FUCHS – 30 MINUTES) Recommendation: Adopt a resolution entitled, “A Resolution of the City Council o f the City of San Luis Obispo, California, modifying the residential parking permit district for the Ferrini Area of t he city, establishing days and hours of operation of said district and time of renewal for a parking permit .” 16.PUBLIC HEARING TO REQUEST TO MODIFY A CONDITION OF APPROVAL AND MEMORANDUM OF UNDERSTANDING TO ALLOW FOR THE SHORT- TERM RENTAL OF SIX RESIDENTIAL UNITS IN THE GARDEN STREET TERRACES (HOTEL SERRA) PROJECT (MOD-1499-2018; 736 MARSH STREET) (CODRON / SCOTT – 45 MINUTES) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, denying an application for a modification to a condition of approval and associated Memorandum of Agreement that would allow for the short -term rental of six units within the approved Garden Street Terraces project located at 736 Marsh Street (M OD- 1499-2018)” 17.PUBLIC HEARING TO AUTHORIZE THE USE OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) (GRIGSBY / LEE – 15 MINUTES) Recommendation: 1.Receive testimony on the proposed use of Automated License Plate Recognition (ALPR) for enforcement and data collection purposes; and 2.Approve the use of Automated License Plate Recognition (ALPR) technology in accordance with all State law and City policies. 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 resource s for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2) San Luis Obispo City Council Agenda July 10, 2018 Page 7 ADJOURNMENT The next Regular City Council Meeting is scheduled for July 17, 2018, at 4:30 and 6:00 respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meet ings 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. Page intentionally left blank. San Luis Obispo Page 1 Tuesday, June 19, 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, June 19, 2018 at 5:30 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 Heather Goodwin, Deputy City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- Packet Pg. 9 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 2 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: San Luis Obispo City Employee’s Association (SLOCEA) San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees RECESSED AT 5:58 P.M. TO THE REGULAR MEETING OF TUESDAY, JUNE 19, 2018 TO BEGIN AT 6:00 P.M. Packet Pg. 10 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 3 CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, June 19, 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 Mayo r Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Heather Goodwin, Deputy City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Mayor Harmon asked to take a moment to remember why we stand to take this Pledge of Allegiance. Council Member Gomez led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that Council provided labor negotiations direction and there was no reportable action taken for Closed Session Item A. PRESENTATIONS PROCLAMATION - JUNETEENTH Mayor Harmon presented a Proclamation to Stephen Vines representing N ational Association for the Advancement of Colored People (NAACP), San Luis Obispo Branch, proclaiming every third Saturday of June as "Juneteenth Day." Packet Pg. 11 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 4 APPOINTMENTS 1. APPOINTMENT TO THE ACTIVE TRANSPORTATION COMMITTEE, PERSONNEL BOARD, AND CONSTRUCTION BOARD OF APPEALS Deputy City Clerk Goodwin presented the report. Public Comments: None ---End of Public Comments--- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 1. Confirm the appointment of Paul Orton to the Active Transportation Committee, to complete an unexpired term through March 31, 2019; and 2. Confirm the appointment of Judy Groat to the Personnel Board, to complete an unexpired term through March 31, 2019; and 3. Waive Council Policy and Procedures Section 6.7.2.5 and appoint Denise Martinez to the Construction Board of Appeals, as the representative with a disability, to complete an unexpired term through March 31, 2022. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Sandra Rowley Garrett Otto ---End of Public Comment --- CONSENT AGENDA Mayor Harmon requested to pull Consent Item 10 from the Consent Agenda to be heard as a Business Item before Item 14. By consensus, the City Council agreed to hear Item 10 as a Business Item. Item 11 was pulled from the agenda at the request of the applicant. ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to approve Consent Calendar Items 2-9 and 12-13. 2. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate. 3. MINUTES OF MAY 22, 2018 AND JUNE 5, 2018 CARRIED 5-0, to approve the Minutes of the City Council meetings of May 22, 2018 and June 5, 2018. Packet Pg. 12 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 5 4. UPDATE TO THE NACIMIENTO/WHALE ROCK EXCHANGE AGREEMENT CARRIED 5-0, to authorize the Mayor to execute an updated agreement with the County of San Luis Obispo for the exchange of water from the Nacimiento Project for water from Whale Rock Reservoir. 5. RESOLUTIONS SUPPORTING COUNTY OF SAN LUIS OBISPO GROUNDWATER BASIN MODIFICATIONS CARRIED 5-0, to: 1. Adopt Resolution No. 10906 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Supporting San Luis Obispo County - Los Osos Valley Groundwater Basin Modification” for inclusion with the County of San Luis Obispo Basin Boundary Modification Request to Department of Water Resources. 2. Adopt Resolution No. 10907 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, Supporting San Luis Obispo County - Santa Maria Basin Groundwater Basin Modification” for inclusion with the County of San Luis Obispo Basin Boundary Modification Request to Department of Water Resources. 6. CENTRE FOR ORGANIZATION EFFECTIVENESS CONTRACT 2018-2019 CARRIED 5-0, to: 1. Authorize the City Manager to execute a five-year sole source agreement with the Center for Organization Effectiveness to continue a comprehensive employee and leadership development program for the City of San Luis Obispo. 2. Approve an amount not to exceed $138,550 in fiscal year 2018-19. 3. Authorize the City Manager to annually approve a contract amount as included in the annual budget appropriation. 7. LIEBERT CASSIDY WHITMORE CONTRACT, 2018-2019 CARRIED 5-0, 1. Authorize the City Manager to execute a contract with Liebert Cassidy Whitmore (LCW) to provide specialized employment and labor relations legal services to the City of San Luis Obispo for a term of five years. 2. Approve an amount not to exceed $84,800 in fiscal year 2018-19. 3. Authorize the City Manager to annually approve a contract amount as included in the annual budget appropriation. Packet Pg. 13 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 6 8. AWARD CONTRACT FOR PARKING SECURITY GUARD SERVICES, SPECIFICATION NO. 91625 CARRIED 5-0, to: 1. Award a contract to In House Security Service, LLC. as approved by the City Council in an amount up to $88,000 for the provision of services as detailed in Specification Number 91625. 2. Approve the use of working capital to fund the additional annual cost of $40,000. 9. CAPITAL FACILITIES FEE PROGRAM (AB 1600) FEE TABLE MODIFICATION CARRIED 5-0, to adopt Resolution No. 10908 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, modifying the capita l facilities fee program development impact fee tables as set forth in Resolution No. 10879 (2018 series).” 11. A PUBLIC HEARING TO ADD PROPERTIES TO THE MASTER LIST OF HISTORIC RESOURCES AND TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES This item was pulled from agenda at the request of the applicant. 12. EMERGENCY SERVICES AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY (CAL POLY) Public Comment Lydia Mourenza --end of public comment – CARRIED 5-0, to authorize the Mayor to execute an Amendment to the Agreement with California Polytechnic State University (Cal Poly) in a form subject to the approval of the City Attorney, approving a three-month extension (July 1, 2018 until September 30, 2018) to the existing agreement for emerge ncy response services. 13. STATE ADVOCACY SERVICES FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT – CONTRACT AMENDMENT CARRIED 5-0, to amend the existing contract with Balance Public Relations, Inc. and approve $40,000 to continue advocacy services fo r the Water Resource Recovery Facility project and other applicable City projects. Packet Pg. 14 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 7 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 10. ROADWAY SEALING AND LAUREL LANE COMPLETE STREETS 2018 PROJECT, SPECIFICATION NO. 91630 Public Works Director Grigsby, Public Works Deputy Director Bochum, and Transportation Manager Hudson provided an in-depth staff report and responded to Council questions. Public Comments: Dennis Law Myron Amerine Genevieve Czech Garretto Otto, representing Bike SLO County and as a resident Lea Brooks Sandra Rowley ---End of Public Comment --- ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER RIVOIRE, CARRIED 5-0 to: 1. Award a contract to VSS International, Inc. in the amount of $2,493,000 for the Roadway Sealing, and bulb-outs at the intersection of Laurel & Southwood and Laurel & August, and buffered Class II bike lanes. 2. Approve budget transfers in the amount of $ 2,303,620.15 as outlined in the staff report. 3. Appropriate $793,100 of funding for the project subject to the approval of the 2018-19 Financial Plan Supplement. 14. PUBLIC HEARING - 2018-19 WATER RATE STRUCTURE AND RATE ADOPTION Utilities Director Mattingly and Utilities Project Manager Metz provided an in-depth staff report and responded to Council quest ions. Public Comments: Ro ger Robinson Les Beck Leslie Halls ---End of Public Comment --- Deputy City Clerk Goodwin reported a total of 582 written protests on the water rate structure and 618 written protests on the water rate that were validated in advance of the public hearing. In addition, the City received at the public hearing five protests on the Water Rate Structure and eight protests on the Water Rate that have not been validated. Based on the percentage needed, this does not constitute a legally sufficient protest for the Water Rate Structure or on the Water Rate. Packet Pg. 15 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 8 ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to: 1. Receive and file the Comprehensive Water & Wastewater Rate Study, May 2018. 2. Adopt Resolution No. 10909 (2018 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California, Establishing the Water Rate Structure and Water Service Rates for Fiscal Year 2018-19” provided there is no majority protest against the proposed water rate structure or water rates. 15. PUBLIC HEARING - 2018-19 SEWER RATE STRUCTURE AND RATE ADOPTION Utilities Director Mattingly, Utilities Deputy Director Hix and Utilities Project Manager Metz provided an in-depth staff report and responded to Council questions. Public Comments: None ---End of Public Comment --- Deputy City Clerk Goodwin reported a total of 588 written protests on the sewer rate structure and 621 written protests on the sewer rate that were validated in advance of the public hearing. In addition, the City received at the public hearing five protests on the Sewer Rate Structure and five protests on the Sewer Rate that have not been validated. Based on the percentage needed, this does not constitute a legally sufficient pro test for the Sewer Rate Structure or on the Sewer Rate. ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to: 1. Receive and file the Comprehensive Water & Wastewater Rate Study, May 2018. 2. Adopt Resolution No. 10910 (2018 Series) entitled “A Resolution of the Council of the City of San Luis Obispo, California, Establishing the Sewer Rate Structure and Sewer Rates for Fiscal Year 2018-19” provided there is no majority protest against the sewer rate structure or sewer rates. 16. PUBLIC HEARING - APPROVING THE 2017-19 FINANCIAL PLAN SUPPLEMENT, ADOPTING THE 2018-19 BUDGET AND AMENDING THE FUND BALANCE AND RESERVE POLICIES City Manager Johnson, Interim Finance Director Elke, Public Works Director Grigsby, and Budget Manager Ferreira, Utilities Director, Public Works Deputy Director Bochum provided an in-depth staff report and responded to Council questions. Public Comments: None Packet Pg. 16 Item 4 San Luis Obispo City Council Minutes of June 19, 2018 Page 9 ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY VICE MAYOR CHRISTIANSON, CARRIED 5-0 to: 1. Adopt Resolution No. 10911 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the appropriations limit for 2018 -19” establishing the City’s appropriation limit for 2018-19 in compliance with Article XIII B of the State Constitution, Gann Spending Limitation Initiative; and 2. Adopt Resolution No. 10912 (2018 Series) entitled, A Resolution of the City Council of the City of San Luis Obispo, California, approving the 2017-19 Financial Plan Supplement, adopting the 2018-19 budget, and amending the Fund Balance and Reserve Policies.” COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon announced that she will be attending the SLO County Civility Promise event on Thursday, June 21 st at 2 pm at the SLO City/County Library. Council Member Gomez reported attending a food waste meeting hosted by Cal Poly students. Mayor Harmon indicated she attended a Drug Court Graduation held at the County of San Luis Obispo. ADJOURNMENT The meeting was adjourned at 8:18 p.m. The Regular City Council Meeting for Tuesday, July 3, 2018 has been cancelled. The next Rescheduled Regular City Council Meeting will be held Tuesday, July 10, 2018 at 5:30 p.m. and 6:00 p.m. in the Council He aring Room and Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Heather Goodwin Deputy City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg. 17 Item 4 Page intentionally left blank. Packet Pg. 18 Item 4 Meeting Date: 7/10/2018 FROM: Greg Hermann, Interim Deputy City Manager Prepared By: Molly Cano, Tourism Manager SUBJECT: 2018-19 COMMUNITY PROMOTIONS PROGRAM – TBID & PCC RECOMMENDATION As recommended by the Tourism Business Improvement District (TBID) Board and the Promotio nal Coordinating Committee (PCC): 1. Authorize the City Manager to enter into various contracts and program expenditures for the Tourism Business Improvement District (TBID) not to exceed the 201 8-19 program budget of $1,473,400 based on the recommendations by the TBID Board. a. This includes the second and final two-year extension of the contract with AMF (formerly BCA) and Matchfire (formerly Studio Good) for marketing services in the amount of $850,000 per fiscal year. 2. Authorize the carryover of $230,000 fro m the remaining 2017-18 program budget for various contracts and program expenditures in 2018-19. 3. Authorize the City Manager to enter into contracts utilizing the TBID Fund un- appropriated fund balance from the 2017-18 fiscal year, following the completion of the City’s financial statement s audit, for tourism marketing expenditures in 2018-19 based on the recommendations by the TBID Board. 4. Authorize the City Manager to enter into contracts utilizing the TBID Fund Reserve of $100,000 for tourism marketing expenditures in 2018-19 based on the recommendations by the TBID Board and in accordance with the TBID reserve policy 5. Authorize the City Manager to enter into various contracts and program expenditures for Community Promotions not to exceed the 2018-19 program budget of $403,386 based on the recommendations by the Promotional Coordinating Committee (PCC). a. This includes the 2018-19 Grants-in-Aid (GIA) allocations in the amount of $100,000 and authorization to execute individual agreements with each grant recipient. b. This includes the contract with Matchfire for promotional services in the amount of $19,300. REPORT-IN-BRIEF The City’s Community Promotions program is comprised of the Tourism Business Improvement District Board and the Promotional Coordinating Committee. While these advisory bodies have separate program functions and budgets, together they both work to promote San Luis Obispo locally, regionally, nationally, and internationally. After thorough review and consideration beginning in March, the TBID Board has identified the following program priorities and budget allocations for the focus of the TBID marketing efforts in fiscal year 2018-19. 1. Strategic Partnerships: continuation of agreements with the San Luis Obispo Chamber of Packet Pg. 19 Item 5 Commerce for Guest Services & the second year of the two-year Public Relations contract, renewal of the annual SLO Wine Country Association partnership, second year of the three-year partnership with Learfield/Mustang Sports Properties for Cal Poly Athletics, and second year of the two-year agreement with Cal Poly Office of Student Affairs. 2. Marketing Services: Extension of the existing Marketing Services Contract including funding for the development and implementation of a new two-year marketing plan. 3. General Event Promotions: including the sponsorship of community events with a focus to attract visitors to San Luis Obispo. 4. Industry Associations & Programs: including the Central Coast Tourism Council, the California Travel Association, and the California Hotel and Lodging Association. Since the development of the PCC Strategic Plan, the PCC has used this plan as a roadmap for the committee and its decisions. With this plan in mind, the PCC identified a portion of its program budget and time to develop a new initiative to support the community. In addition to that new project the following program priorities and budget allocations for the focus of the community promotions efforts in fiscal year 2018-19. 1. SLO Happenings Program: this new program approach will evolve the SLO Happenings program into an expanded campaign in partnership with the TBID for ShareSLO. 2. Chamber of Commerce Contract Services: continuation of agreements with the San Luis Obispo Chamber of Commerce for the second year of the two-year agreement for Visitor Center Operations and for the shared public relations services in partnership with the TBID, renewal of the agreement for marketing and public relations support for the GIA recipients, and the production & distribution of the City tear-off maps. 3. Strategic Initiatives: funds available for the development of a new project to enhance the quality of life in San Luis Obispo and for community event funding in coordination with the TBID. The last major focus for the PCC is the Grants-In-Aid (GIA) program. After the competitive review of the applications, the committee recommends awarding $100,000 collectively to nearly 30 local non-profit organizations for the promotion of cultural, social and recreational events held in the City of San Luis Obispo that will benefit residents and visitors. DISCUSSION Background With the 2018-19 Budget Supplement , the City Council approved the program budget and defined the work program for the Community Promotions program and the Tourism Business Improvement District (TBID). Both programs are overseen and administered by advisory bodies to the City Council. The PCC makes recommendations regarding the use of Community Promotions funding and the TBID Board recommends the use of the TBID assessment. Both advisory bodies established recommendations for use of funding in 2018-19 with respective contract considerations. Tourism Business Improvement District The TBID began its program development and budget allocation process in March, when the Packet Pg. 20 Item 5 TBID’s Marketing and Management committees began discussing the goals, priorities, and direction for the 2018-19 TBID program. During this process, the TBID Board communicated the importance of continuing to align the budget direction, program priorities , and funding commitments with t he fulfillment of the TBID’s five-year strategic clarity plan imperatives. During fiscal year 2016-17, the TBID Board performed a mid-plan review and created an updated plan with revised initiatives to further develop the tourism program. The complete TBID strategic clarity plan including the updated document is available for review as a Council Reading File (Attachment g – TBID Strategic Clarity Plan Update). The TBID strategic initiatives are to: 1. Deliver smart growth. 2. Develop the SLO brand. 3. Build meaningful partnerships. 4. Contribute to an unforgettable SLO experience. 5. Ensure organizational excellence. In the budget deliberation, the TBID Board, with the recommendation from the Management Committee, considered all activity and program commitments including: strategic partnerships and contracts, marketing and advertising, events promotions, tradeshow s, tourism organization and research, and support. Strategic Partnerships Strategic partnership proposals were received from the San Luis Obispo Chamber of C ommerce, and the SLO Wine Country Association. The full proposals can be reviewed in the Council Reading File (Attachment h – SLO Chamber 2018-19 TBID Proposal; Attachment i – SLO Wine 2018-19 TBID Annual Partnership Proposal). Based on the content of t he annual proposals and the recommendation from the Management Committee, the TBID Board recommends that Council authorize the City Manager to enter into separate contracts with the following organizations for the specified programs (Attachment a - TBID Minutes, May 9, 2018): 1. SLO Chamber of Commerce: The Board recommends full funding of proposal for Guest Services including: the continuation of the phone & availability service and the special promotions support service in the amount of $45,000. In addition, the committee recommended the continuation of the the media monitoring service at the fee of $8,400 annually. 2. SLO Wine Country Association: The Board recommends funding the partnership proposal with SLO Wine at the amount of $21,000. The elements of pa rtnership to be funded would be: Membership & Marketing Benefits at $7,500; Visitor Guide and Program advertising at $2,500; PR/Media Hosting as presented but managed by staff and funded at $3,000; and targeted Trade and Media Marketing at $8,000. For the Trade and Media Marketing piece, the TBID’s Marketing Committee will consider and approve the selection of the roadshow activation. Packet Pg. 21 Item 5 Industry Associations & Programs The Board also considered membership and programs with the following industry associatio ns within California: 1. Central Coast Tourism Council (CCTC): The Board recommends maintaining membership with the CCTC in the amount of $1,000, as well as expending commitments and involvement with new and enhanced programs facilitated by the CCTC includin g: Black Diamond co -op for UK travel trade representation ($1,200 co-op fee) and earmarked $5,000 for the new East Coast marketing initiative. 2. California Travel Association (CalTravel): The Board recommends membership with the CalTravel organization in the amount of $1,000. 3. California Hotel & Lodging Association (CHLA): The Board recommends a new partnership with CHLA to cover the base membership for all TBID member properties with this organization. The annual cost for this membership is $22,061 as calculated based on the number of lodging properties in the City. Marketing Services Contract Extension Fiscal year 2018-19 will allow for the second and final two-year extension agreement with AMF and Matchfire for marketing services. The contract amount includes all services and fees associated with TBID marketing cost . The complete marketing initiatives are being developed with the Marketing Committee for the new two -year marketing plan. Based on the TBID Board approved timeline, the new marketing plan will be finalized and approved by September 2018. Based on the recommendation from the Management Committee, the TBID Board recommends that Council authorize the second and final two-year extension of the contract with AMF and Matchfire for marketing services in the amount of $850,000 per fiscal year. (Attachment a - TBID Minutes, May 9, 2018; Attachment b – AMF_MF Marketing Services Agreement DRAFT) General Event Promotions In their programmatic approach and budget deliberation, both the TBID and the PCC invest in destination events in San Luis Obispo. To coordinate the effort, both advisory bodies elected three members to serve on a joint Events Promotion Subcommittee that meets semiannually or as needed to entertain funding requests from events organizations. To be considered for joint funding through the TBID and PCC, the event must meet two purposes: of tourism promotion advantage to the City of San Luis Obispo and of cultural, social, and/or recreational benefit to the residents of the City of San Luis Obispo. In 2018-19, the TBID has allocated $117,000 to sponsorship funding for events that meet the criteria of tourism promotion advantage to the City of San Luis Obispo resulting in overnight stays at TBID lodging businesses. The remaining TBID program funds are allocated to program expenses including: expanded involvement in various tradeshows and sales efforts in 201 8-19, attendance at industry conferences, and additional partnerships, marketing and promotional initiatives. (Attachment c – Line Item Budget Allocations). Any un-appropriated fund balance from 2017-18 will be used for marketing programs in 2018- 19. These expenditures will be reviewed and approved by the TBID Board. Packet Pg. 22 Item 5 Promotional Coordinating Committee The purpose of the PCC is to enhance the quality of life for residents of San Luis Obispo and to enhance the quality of experience for visitors to San Luis Obispo. This mission was the guiding force behind the budget consideration for the PCC. During the May 9, 2018 meeting, the PCC finalized the 2018-19 budget allocations and the new approach for the SLO Happenings program, continuation of Visitor Services, event promotions, and GIA funding. (Attachment c – Line Item Budget Allocations; Attachment d – PCC Minutes May 9, 2018) Strategic Planning Report In fiscal year 2016-17, the PCC embarked on a strategic planning process to clarify and define the program focus for the committee. The plan includes a practical vision for the community, defines the current reality for the committee, and provides overarching strategies to guide the committee work for the next three years. The focus of the process was to address how the Promotional Coordinating Committee, (PCC) can be better positioned to improve and develop projects to support the commu nit y independently and in collaboration with the Tourism Improvement Business District (TBID) and serve as an effective advisory body to the City Council. Three strategic directions were identified through the process: 1. Updating and maintaining current pro jects. 2. Creating and establishing new projects that are innovative and relevant to the community. 3. Improving internal operations and processes more efficiently. This fiscal year, the PCC held a strategic planning check -in session to review the status of the plan, update the work as needed and dive into the development of the programs for the implementation priorities in 2018-19. The committee used these strategic directions to develop the 2018-19 work programs and priorities. (Council Reading File: Attachment j - PCC Strategic Planning Report) SLO Happenings Program For the past three years, the PCC made a focused effort to refine the purpose of the SLO Happening program to benefit the needs of the residents by offering a consolidated local events calendar application and accompanying social media presence. The promotion of the app, the feature enhancements, and the dedication to expand the content included within the app was done to further engage the community in the cultural and recreational offering with in the City. Over the past fiscal year and through the implementation of the strategic plan, the PCC evaluated the SLO Happenings program’s relevance as a community resource. Through a public, user and partner survey effort the PCC discovered that more users benefited from the social platform engagement with SLO Happenings then the app itself. Based on this discovery, the committee made a strategic decision to sunset the app and focus entirely on digital and social efforts. During the March meeting, staff presented the committee with options for future program direction which included: a social media only focus through the work of the existing contractor or the second option to partner with the TBID on the existing ShareSLO campaign and feature Packet Pg. 23 Item 5 SLO Happenings as a campaign message focused on events. The committee directed staff to seek proposals from the existing contractors for both options. After discussion with staff, the current SLO Happenings contractor, Solve, elected to not submit a proposal. Matchfire, the agency of record for the TBID’s ShareSLO program, did submit a proposal at the PCC’s request and with the approval of the TBID Board. During the April meeting, the PCC received a presentation from Matchfire on the enhanced calendar of events solut ion on the City’s tourism website and the integration of SLO Happenings into the ShareSLO campaign. Based on the new direction for the SLO Happenings program, the PCC recommends an agreement with Matchfire in the amount of $19,300 for the promotion of the SLO Happenings campaign within ShareSLO. Matchfire is uniquely suited for this agreement as they are the agency of record of the TBID to manage the ShareSLO campaign and under that contract they are the only agency able to execute the work requested by the committee. The full proposa l can be reviewed in the Council Reading File. (Attachment k – MF SLO Happenings 2018-19 PCC Proposal; Attachment l – SLO Chamber 2018-19 PCC Proposal) Chamber of Commerce Contract Services The PCC received a presentat ion from the Chamber of Commerce for the proposed on-going contract services. In addition to the continued services for Visitor Center Operations and shared public relations services in partnership with the TBID which are on the second year of a two-year contract, the PCC considered the 2018-19 marketing and public relations support of the GIA recipients and the production of the City tear-off-maps. The Chamber requested a $2000 increase in contract funding fo r the GIA Support services from the previous fiscal year to the contract amount of $30,000. A small $275 increase over the previous fiscal year contract was also requested in the production of the tear-off maps for increased printing costs. The 2018-19 total tear-off map project amount is $9,000. The full proposals can be reviewed in the Council Reading File. During budget deliberations at the May 9, 2018 meeting, the Committee determined that it was of high priority to maintain contract services with the Chamber of Commerce and decided to fully fund and authorize all the proposals for the 2018-19 year. (Attachment d – PCC Minutes May 9, 2018) Grants-In-Aid (GIA) In February of each year, the PCC advertises the annual GIA process for the promotion of cultural, social, and recreational events held in the City of San Luis Obispo that will benefit residents and visitors. Notices are placed on the City web site and in the Tribune to advertise the availability of the grant funding application for local non-profit organizations. Additionally, previous grant recipients are notified via email regarding the grant availability. The PCC maintained its available budget for GIA awards at $100,000 and is recommending the full amount in funding based on the application review process. Grant Application and Evaluation and Process Packet Pg. 24 Item 5 The grant cycle was opened on February 1, 2018 and applications were due on March 16, 2018. On February 7, 2018, the PCC’s GIA subcommittee held a mandatory meeting and event resource fair with all interested organizations to introduce the grant funding criteria used during the evaluation process and answers any questions from the applicants. At deadline for grant application submittal, the City received 28 applications with a funding requests amount of $234,757. A hard copy of the complete booklet of Grants-in-Aid applications is available for public review in the City Clerk’s Office (Attachment m – GIA 2018-19 Application Binder). The PCC’s GIA subcommittee met to review the applications, compare the requests to the grant criteria, and allocate funding accordingly. On May 16, 2018, the PCC held a public hearing with all applicants to allow for presentation and discussion before the recommendation be forwarded to the City Council for consideration and approval. There were over 15 application representatives present at the meeting. The committee received 12 public comments from the grant applicants and ultimately approved the recommendation for the 2018-19 GIA funding allocations (Attachment e– PCC Special Meeting Minutes May 16, 2018; Attachment f- GIA 2018-19 Funding Recommendations). FISCAL IMPACT The total amount currently budgeted in the 2018-19 Supplemental Budget for the TBID Fund for 2018-19 is $1,473,400. The TBID fund balance at the end of fiscal year 2017-18 is estimated at approximately $230,000 in excess of $100,000 policy required fund reserve, bringing the available TBID program budget to $1,703,400. The exact amount will not be known until the City’s audited financials for 2017-18 will be substantially complete. The total amount currently budgeted in the 2018-19 Supplemental Budget for the Community Promotions Program is $403,386 in 2018-19. Within the 2018-19 budget, the PCC recommends the total GIA event funding amount of $100,000 based on the application process and evaluation. There is sufficient funding for the contracts as recommended by the two advisory bodies. ALTERNATIVES 1. The Council could choose to fund the contracts at different levels or modify the scope of services. The advisory bodies and staff do not r ecommend adjustments, as the proposed contracts are the result of careful review, discussion, and ne gotiations between the parties. 2. The Council could direct the advisory bodies and staff to release Request for Proposals for all the services outlined. This is not recommended since the recommended contractors are well positioned to execute the established work scope in a cohesive and economical manner. 3. The Council could re-allocate funding provided through the GIA process. This is not recommended as the PCC reviewed the applications thoroughly and applied the funding per the set criteria and expected benefit to the City’s residents and visitors. Packet Pg. 25 Item 5 Attachments: a - 05-09-2018 TBID minutes b - AMF_MF Agreement_DRAFT c - 2018-19 Line Item Budget Allocations d - 05-09-2018 PCC Minutes e - 05-16-2018 PCC Special Meeting Minutes f - GIA 2018-19 PCC Reccomendations g - TBID Strategic Clarity Plan Update h - SLO Chamber 2018-19 TBID Proposal i - SLO Wine 2018-19 TBID Annual Partnership Proposal j - PCC Strategic Plan Report k - MF SLO Happenings 2018-19 PCC Proposal l - SLO Chamber 2018-19 PCC Proposal Packet Pg. 26 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 1 Minutes TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD Wednesday, May 9, 2018 Tourism Business Improvement District Board CALL TO ORDER A Meeting of the Tourism Business Improvement District Board was called to order on Wednesday, May 9, 2018 at 10:02 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Board Member Patel. ROLL CALL Present: Board Members Nipool Patel, LeBren Young-Harris, and Chair Bruce Skidmore, and Vice Chair Matthew Wilkins (10:06 am) Absent: Board Member Clint Pearce and Pragna Patel-Mueller, Kimberly Walker Staff: Tourism Manager Molly Cano, Tourism Coordinator Chantal Burns, and Deputy City Clerk Heather Goodwin PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. Chair Skidmore requested to reorder the agenda to hear Presentations before the Consent Agenda. By Consensus, the Board reordered the agenda as requested. PRESENTATIONS 1. Marketing Agency Monthly Report Representatives from AMF Media Group + MatchFire reviewed their marketing activities from the past month for the SLO TBID and responded to Board questions. Public Comments: None ---End of Public Comments--- No action was taken on this item Packet Pg. 27 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 2 2. SLO Chamber of Commerce Monthly Report Chamber of Commerce representatives Molly Kern, Director of Communications and Business Education, reviewed the business activity and public relations activities from the past month for the SLO TBID. The review of their public relations efforts included outreach with the San Luis Obispo Travel Guide, Amtrak, the Film Festival, Food Net Work, noting that San Luis Obispo is known for its Tri-tip, and responded to Board questions. Public Comments: None. ---End of Public Comments--- No action was taken on this item. CONSENT AGENDA ACTION: MOTION BY BOARD MEMBER PATEL BY BOARD MEMBER WILKINS, CARRIED 4-0, to approve the Consent Calendar Items C1 through C6. C1. Minutes of Meeting on Wednesday, April 11, 2018 C2. Smith Travel Report C3. Chamber Public Relations Report C4. AMF + Matchfire Marketing Report C5. Chamber of Commerce Guest Services Report C6. Transit Occupancy Tax (TOT) Report BUSINESS ITEMS 1. 2018-19 TBID Budget Recommendation Tourism Manager Cano and members of the Management Committee reviewed the 2018- 19 budget allocation recommendations from the Management Committee. Responded to board member questions. Public Comments: None. ---End of Public Comments--- Packet Pg. 28 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 3 ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED (4-0), to allocate the remaining 2016-17 fund balance into the 2017-18 program budget. ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER WILKINS, CARRIED (4-0), to approve the budget as presented including the carryover of the remaining 2017-18 program budget into the program budget for 2018-19. 2. Contractor & Partnership Funding Recommendations Tourism Manager Cano presented recommendations on behalf of the Management Committee for contractor and partnership agreement approvals for the final two-year contract extension with AMF/Matchfire, SLO Chamber of Commerce and SLO Wine Country Association. Responded to board member questions. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED (4-0), to approve the two-year contract extension to AMF/Matchfire in the amount of $850,000. ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED (4-0), to approve the San Luis Obispo Chamber proposal. ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER WILKINS, CARRIED (4-0), to approve the SLO Wine proposal. 3. 2017-2018 Mid-Year Event Applications & 2018-2019 Annual Application Tourism Manager Cano presented recommendations on behalf of the Marketing Committee for funding allocations for the mid-year event sponsorship requests for the Sustainable Ag Expo, SLO Ultra, and Grass Volleyball Tournament. The committee also recommended the approval of the 2018-19 Annual Event Promotion application. Responded to board member questions. Public Comments: None. Packet Pg. 29 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 4 ---End of Public Comments--- ACTION: MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER PATEL, CARRIED (4-0), to 1) Approve of Sustainable Ag Expo in the amount of $7500 out of remaining 2017-18 events budget and 2) Approve of SLO Ultra in the amount of $5000 out of remaining 2017-18 events budget. ACTION: MOTION BY BOARD MEMBER PATEL, SECOND BY BOARD MEMBER HARRIS, CARRIED (4-0), to approval of 2018-19 events application with direction to staff to open the 2018-19 events sponsorship application period in June, contingent on approval by the Promotional Coordinating Committee. By consensus, the Board took no action on the Grass Volleyball Tournament item. 4. Event Promotion Strategy & Partnership Tourism Manager Cano a representative from MatchFire presented recommendations on behalf of the Marketing Committee for the funding of a new ShareSLO /SLO Happenings event promotion strategy including the development of a new events calendar solution on SanLuisObispoVacations.com in partnership with the Promotional Coordinating Committee (PCC). Responded to board member questions. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER HARRIS, CARRIED (4-0), to approval of the proposal in the amount of $41,000 from the 2016-17 fund balance. 5. Marketing Committee Recommendations Tourism Manager Cano and a representative from AMF Media Group presented recommendations on behalf of the Marketing Committee for the funding recommendations for various collateral and advertising expenditures to carry the TBID marketing programs through the summer quarter. Noteworthy marketing items discussed were promotional swag, stickers, folders, flash drives, bound journals, reusable bags, socks, gum, and four-foot foam letters. Responded to board member questions. Public Comments: None. ---End of Public Comments--- Packet Pg. 30 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 5 ACTION: MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER PATEL, CARRIED (4-0), to approve proposal as amended in the amount of $35,500 from the 2016-17 fund balance. TBID LIAISON REPORTS & COMMUNICATIONS 1. Hotelier Update Board members reviewed their current activities. Tourism Manager Cano provided an update on La Quinta Inn and Suites, The Kinney, and the Rose Garden Inn. 2. Management Committee Update No further report. 3. Marketing Committee Update No further report. 4. Promotional Coordinating Committee (PCC) Update No further report. 5. Visit SLO CAL Update Board Member Patel briefly reviewed progress on the Tourism Exchange. 6. Tourism Program Update Tourism Manager Cano reviewed and reported on the following: - IPW • Planning underway with SLO CAL & CCTC • May 19-24, Denver • Check in meeting with SLO CAL on Monday to review appointment schedule - The Central Coast Tourism Council Retreat • East Coast Initiative • End of year report with VCA and grant application for 2018-19 - SLO Discovery Weekend - TBID program with Cal Poly Parent & Family Programs • Next session this weekend, May 12-13 • Noted about 35 registrants - Roll Out the Barrels promotion Packet Pg. 31 Item 5 Minutes – Tourism Business Improvement District Board Meeting of May 9, 2018 Page 6 • Wine cannot be delivered to the guests at the hotels • SLO wine is working on a solution - Dates to Remember: • Wednesday June 6 at 10:30 Marketing Committee – events application meeting • Thursday June 7 at 10:00 Management Committee • Wednesday June 13 @10:00 TBID Board meeting • Thursday June 14 or Monday June 18 – Marketing Committee – Marketing Plan meeting ADJOURNMENT The meeting was adjourned at 11:33 a.m. The next Regular meeting of the Tourism Business Improvement District Board is scheduled for Wednesday, June 13, 2018 at 10:00 a.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: 06/13/2018 Packet Pg. 32 Item 5 1 AGREEMENT SECOND EXTENSION THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and AMF/Matchfire (as successor in interest to BCA and Studio Good respectively), hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on December 16, 2013 City requested proposals for marketing services for the City of San Luis Obispo lodging industry, specifically the Tourism Business Improvement District (TBID) per Specification No. 91275; WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said services; WHEREAS, the City entered into an Agreement that allowed for two two-year extensions; and WHEREAS, the Contractor has executed the campaign in fiscal years 2014-15, 2015-16, 2016-17 and 2017- 18 to the City’s and TBID’s satisfaction; and WHEREAS, on May 8, 2018 the TBID recommended the second extension the Agreement for a two-year term as permissible under the initial Agreement terms for fiscal years 2018-19 and 2019-20; and WHEREAS, the City considered the TBID’s recommendation and approved the Agreement extension. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as first written above, until June 30, 2020. 2. INCORPORATION BY REFERENCE. City Specification No. 91275 and Contractor's proposal dated January 31, 2014 are hereby incorporated in and made a part of this Agreement. Packet Pg. 33 Item 5 2 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed $850,000 for 2018-19 and $850,000 for 2019-20. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as described in Exhibit A attached hereto and incorporated into this Agreement. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. 6. TERMINATION. If, at any time during the term of the contract, the City determines that the project is not feasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be paid compensation due and payable to the date of termination. 7. COMPLETE AGREEMENT. This written Agreement, including all wr itings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor [ ] [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. Packet Pg. 34 Item 5 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the da y and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk Heidi Harmon, Mayor APPROVED AS TO FORM: CONTRACTOR: By: City Attorney AMF Packet Pg. 35 Item 5 2018-19 Budget Allocation Recommended by the Tourism Business Improvement District (TBID) Board * Does not include Staffing & Administration Overhead Fee; the un-appropriated fund balance will not be known until the entire 2017-18 collection has occurred and the City’s audit has been substantially completed Campaign Elements/Contractors Budget Allocation Work scope Contracts Marketing Contract- AMF/Matchfire $ 850,000 General Marketing Services with addendum Chamber of Commerce - PR $ 51,000 Comprehensive program for Public Relations and Media Relations in partnership with PCC Chamber of Commerce - Guest Services $ 45,000 Guest Services including Telephone Fulfillment & Availability Assistance; Promotional Support Chamber of Commerce - Media Monitoring Service Fee $ 8,400 Digital targeting, distribution and tracking service for media Partnerships Learfield/Cal Poly Athletics $ 95,500 Partnership for 2018-19: Sponsorship & Room Costs SLO Wine Partnership $ 21,000 Partnership for 2018-19: Sponsorship & Room Costs Cal Poly Student Affairs $ 20,000 Partnership for 2018-19: Sponsorship Events Promotion General Events Promotion $ 117,000 Earmarked budget for event sponsorship commitments Event Activations $ 4,000 Funds to be used for costs associated with events Tradeshows Trade Shows & Travel Shows $ 45,000 Including: Travel & Adventure Shows; IPW 2019 Tourism Conferences $ 8,000 Industry Conferences like Outlook Forum Tourism Organizations/Research Central Coast Tourism Council - Membership Fee & Black Diamond $ 7,200 Membership & co-op fees Smith Travel Report $ 3,000 Daily & Monthly in-county data comparison reports CalTravel $ 1,000 Membership fee California Hotel & Lodging Association $ 22,061 Membership fee Support/ Meetings Tourism Program Expenses $ 7,000 Expenses associated with program & database service fee FAM Trip Hosting $ 6,000 Budget for hosting media and travel/trade guests Past Due CP Rooms $ 1,000 Funds for past due rooms Strategic Plan & Research $ 60,000 Earmarked budget Contingency $ 100,000 Un-allocated budget for opportunity projects Total Expenditure $ 1,472,161 Packet Pg. 36 Item 5 2018-19 Budget Allocation Recommended by the Promotional Coordinating Committee (PCC) Campaign Elements/Contractors Budget Allocation Work scope Grants-in-Aid Program $ 100,000 Funding used for grant awards Chamber - Grants-in-Aid Support $ 30,000 Marketing and promotional support to grant recipients Strategic Initiatives $ 50,000 Earmarked budget for event sponsorship commitments and new program development SLO Happenings Program $ 19,300 Marketing and content support for SLO Happenings program through ShareSLO General Contract Services $ 6,484 Un-allocated budget for opportunity projects Chamber - Visitors Center $ 112,600 Operation of the Visitor Center PR Contract $ 34,000 Comprehensive program for Public Relations and Media Relations in partnership with TBID City Maps $ 9,000 Production and distribution of tear-off City Maps Support Cost $ 5,000 Expenses associated with program Total Expenditure $ 366,386 * Does not include Tourism Manager Staffing expense Packet Pg. 37 Item 5 Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 1 Minutes PROMOTIONAL COORDINATING COMMITTEE Wednesday, May 9, 2018 Regular Meeting of the Promotional Coordinating Committee CALL TO ORDER A Regular Meeting of the Promotional Coordinating Committee was called to order on Wednesday, May 9, 2018 at 5:32 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Zoya Dixon. ROLL CALL Present: Committee Members Diana Cozzi, Matthew Wilkins (arrived at 5:36 pm), Melissa Godsey (arrived at 5:34 pm), Dana Matteson, John Thomas, Vice Chair Daniel Levi and Chair Zoya Dixon Absent: None Staff: Tourism Manager Molly Cano and Recording Secretary Teresa Purrington. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Dusty Colyer-Worth, Visitor Center Manager CONSENT AGENDA ACTION: MOTION BY VICE CHAIR LEVI, SECOND BY COMMITTEE MEMBER THOMAS, CARRIED 5-0-2 (MEMBERS GODSEY AND WILKINS ABSENT) to approve the Consent Agenda items C1 to C7. C.1 Minutes of the Meeting on April 11, 2018 C.2 2017-18 Community Promotions Budget Report C.3 Public Relations Report C.4 Grants-in-Aid Support Report C.5 Visitors Center Report C.6 SLO Happenings Promotions Report Packet Pg. 38 Item 5 DRAFT Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 2 C.7 Transit Occupancy Tax (TOT) Report PRESENTATIONS 1. SLO Chamber of Commerce Quarterly Report Molly Kern Director of Communication for the Chamber of Commerce provided an overview of events and program for the last quarter. Public Comments: None. ---End of Public Comments--- No action was taken on this item. BUSINESS ITEMS 1. SHOWCASE OF THE CITIES As recommended by the project taskforce, Ariel Shannon, Bluebird Salon provided a presentation of her proposal for her project titled, “Come Fly With Me Over San Luis Obispo” for Showcase of the Cities display representing San Luis Obispo and the California Mid State Fair. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER COZZI, SECOND BY COMMITTEE MEMBER MATTESON, CARRIED (7-0) to approve the project and funding. Committee Member Cozzi suggested to possibly add Cal Poly to the display. 2. 2018-19 SLO HAPPENINGS PROGRAM PROPOSALS Chelsea Hardin, and Brittany Garcia, Matchfire representatives presented a proposal for the merging of SLO Happenings into ShareSLO including the development of a calendar of events for sanluisobispovacations.com in partnership with the Tourism Business Improvement District (TBID). Packet Pg. 39 Item 5 DRAFT Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 3 Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER WILKINS SECOND BY COMMITTEE MEMBER MATTESON CARRIED (7-0) to approve the project and funding OF $19,300. 3. CONTRACTOR & PARTNERSHIP FUNDING RECOMMENDATIONS Tourism Manager Molly Cano provided an overview of the proposals submitted from SLO Chamber of Commerce. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER COZZI, SECOND BY COMMITTEE MEMBER GODSEY CARRIED (7-0) to approve the 2018-19 partnership agreements with the Chamber as presented including GIA support at $30,000 and the production of the tear-off maps at $9,000. 4. 2018-19 BUDGET ALLOCATIONS The committee established the final recommended budget allocations for the 2018-19 Community Promotions budget for recommendation to the City Council. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER COZZI, SECOND BY COMMITTEE MEMBER GODSEY CARRIED (7-0) to approve the budget allocations for FY 2018-19 reallocating $10,700 from SLO Happenings Program to $10,000 Strategic Initiatives and $700 General Contract Services. Packet Pg. 40 Item 5 DRAFT Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 4 5. 2018-19 GRANTS-IN-AID – PRELIMINARY RECOMMENDATION The Grants-in-Aid Subcommittee presented the preliminary 2018-19 funding recommendations. Public Comments: None. ---End of Public Comments--- No action was taken on this item 6. 2018-19 ANNUAL EVENT PROMOTION APPLICATION The committee approved the 2018-19 Annual Event Promotion Application and timeline and directed staff to release the application. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER LEVI SECOND BY COMMITTEE MEMBER MATTESON CARRIED (7-0) to approve the events application and timeline. By consensus the Committee selected Committee Member Wilkins, Vice Chair Levi and Committee Member Matteson, and Committee Member Thomas as an alternate to serve on the subcommittee to review the event applications. The amount to be used for funding is up to $25,000. PCC LIAISON REPORTS AND COMMUNICATION 1. Grants In Aid (GIA) Update Flavor SLO update. 2. TBID Board Report Committee Member Wilkins provided a report on the TBID Board meeting. 3. Tourism Program Update Packet Pg. 41 Item 5 DRAFT Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 5 Tourism Manager Cano provided a Tourism Program Update. ADJOURNMENT The meeting was adjourned at 7:07 p.m. The next regular meeting of the Promotional Coordinating Committee is scheduled for Wednesday, June 13, 2018 at 5:30 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PROMOTIONAL COORDINATING COMMITTEE: 06/13/2018 Packet Pg. 42 Item 5 Minutes – Promotional Coordinating Committee Meeting of May 16, 2018 Page 1 Minutes PROMOTIONAL COORDINATING COMMITTEE Wednesday, May 16, 2018 Special Meeting of the Promotional Coordinating Committee CALL TO ORDER A Special Meeting of the Promotional Coordinating Committee was called to order on Wednesday, May 16, 2018 at 5:32 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Zoya Dixon. ROLL CALL Present: Committee Members Diana Cozzi, Matthew Wilkins, Melissa Godsey, Dana Matteson, John Thomas, and Chair Zoya Dixon Absent: Vice Chair Daniel Levi; Matt Wilkins Staff: Tourism Manager Molly Cano. BUSINESS ITEMS 1. 2018-19 GRANTS-IN-AID – PRELIMINARY RECOMMENDATION The Grants-in-Aid Subcommittee presented the preliminary 2018-19 funding recommendations. Public Comments: Public comments were received from the following grant representatives: • Karen Kile- SLOMA – Thank you for your generous support • Debra Balke- Central Coast Autism Spectrum Center – will be able to use the funds to expand the event after 3 years of operations • Tom Mitchell- SLO Railroad Museum – Thank you for the funding in the past year; Westways Magazine ads brought in groups from outside the area; now able to expand the offerings for youth programs; have some good offerings that are new next year and excited to share; more public outreach; thank you • Jane Heath- Foundation for SLO Libraries- 100th anniversary for the library celebration; mobile library will be the beneficiary of the funding; the mobile library will make the library accessible to the whole community • Leslie McKinley– United Way – Flavors of SLO event moved to Mission Plaza this year and increased the impact by 40% Packet Pg. 43 Item 5 Minutes – Promotional Coordinating Committee Meeting of May 9, 2018 Page 2 • Carmela Vignocchi- Central Coast Shakespeare Festival- thank you for creating an easy to use application and the time you spent reading and considering the applications; thank you for the funding last year and this year if approved • Patty Thayer- SLO Rep – you make a difference to us. The funding for the rebranding has made a huge difference. The funding has helped us expand our reach. • Steve Lerian- Cal Poly Arts- thank you for the grant you provided last year. The events funded last year were for the most part sold out; and the funding has helped us leverage our buy especially on TV. Thank you for everything we appreciate it very much • Jessica – Wilshire Hospice & Dia De Los Muertos- thank you for helping to expand out marketing budget • Penny Porter- Cuesta College Performing Arts Center- your funding has made a huge impact, exponential benefit to the marketing funds • Cliff Swanson- Master Coral- now created a separate non profit and this grant has enabled us to go on our own to promote the event and all the advertising; show this Sunday ---End of Public Comments--- ACTION: MOTION BY COMMITTEE MEMBER MATTESON SECOND BY COMMITTEE MEMBER COZZI CARRIED (4-0-1) to approve the 2018-19 grants-in-aid funding for Downtown SLO as presented. (Chair Dixon recused) ACTION: MOTION BY COMMITTEE MEMBER GODSEY SECOND BY COMMITTEE MEMBER THOMAS CARRIED (4-0-1) to approve the 2018-19 grants-in- aid funding for Cal Poly Arts and the Foundation for the Performing Arts as presented. (Committee Member Matteson recused) ACTION: MOTION BY COMMITTEE MEMBER COZZI SECOND BY COMMITTEE MEMBER MATTESON CARRIED (5-0) to approve the remaining 2018-19 grants-in-aid funding recommendations as presented. (Committee Member Matteson recused) ADJOURNMENT The meeting was adjourned at 5:50 p.m. The next regular meeting of the Promotional Coordinating Committee is scheduled for Wednesday, June 13, 2018 at 5:30 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE PROMOTIONAL COORDINATING COMMITTEE: 06/13/2018 Packet Pg. 44 Item 5 Organization Contact Name Event(s)Event Dates 2018-19 Funding Recommendation Comments & Funding Requirements 1 ARTS Obispo, the San Luis Obispo County Arts Council Leona Guidance Art After Dark 7/6/18, 8/3/18, 9/7/18, 10/5/18, 11/2/18, 1/4/19, 2/1/19, 3/1/19, 4/5/19, 5/3/19, 6/7/19 $5,500.00 GIA funding cannot cover any catering expenses. Funds can be applied toward prioritized list but can not be focused on the Open Studios Tour (countywide) promotion. Staff to work with Arts Obispo to clarify requirements. 2 Cal Poly Corporation (on behalf of Cal Poly Arts) Denise Leader Stoeber Cal Poly Arts Broadway Series (2018-2019) 10/25/18, 1/17/19, 2/14/19, 3/14/19, 4/10/19, 4/13/19 $6,000.00 Funding toward prioritized list 3 Central Coast Ag Network dba Central Coast Grown Steven Marx City Farm Annual Harvest Festival -- 2018 7-Oct-18 $2,500.00 Funding toward item #2- no event coordinator expenses to be covered, design contractor for media/pr could be included 4 Central Coast Autism Spectrum Center Debra Balke Zombie Invasion SLO October 27, 2018 $2,250.00 Funding toward Facebook request 5 Central Coast Children's Choir Miller Newlon Central Coast Children's Choir Winter Concert December 8 & 9, 2018 $2,000.00 Funding toward prioritized list 6 Cuesta College Foundation Wayne Attoe 8th Annual CPAC Council Benefit Sunday, September 16, 2018 $1,000.00 Funding toward prioritized list 7 Downtown SLO, Formerly San Luis Obispo Downtown Association Rachel Maiorino 23rd Annual Concerts in the Plaza 6/8, 6/15,6/22,6/29, 7/6, 7/13, 7/20, 7/27, 8/3, 8/10, 8/17, 8/24, 8/31, 9/7, 9/14 $3,500.00 Funding toward prioritized list 8 Foundation for SLO County Public Libraries Denise Leader Stoeber Library Foundation Centennial Year Festivities TBD $5,000.00 Funding toward prioritized list 9 Foundation for the Performing Arts Center Erika Neel Family Day at the PAC April 2019- TBD $3,500.00 web collateral & design and social campaign only; submit proof of payment for services related to design; social campaign 10 History Revisited Rick Smith Central Coast Renaissance Festival July 21 & 22, 2018 $4,500.00 Funding toward prioritized list 11 JCC-Federation of San Luis Obispo Lauren Bandari Apples and Honey Festival 16-Sep-18 $2,400.00 Funding toward prioritized list 12 Opera San Luis Obispo Sharon Dobson The Magic Flute: A Citywide Arts Collaboration October 13 and 14, 2018 $3,050.00 Funding toward prioritized list 13 Orchestra Novo Zette Harbour 4th Annual Pops ON! Sunday, September 2, 2018 $2,500.00 Funding toward digital campaign 14 San Luis Obispo Master Chorale Clifton Swanson San Luis Obispo Master Chorale 2018-2019 Concert Series $2,400.00 Funding toward social and radio 15 San Luis Obispo Museum of Art Karen Kile WHAT'S UP AT SLOMA? July 1, 2018 - June 30, 2019 $6,000.00 Funding toward prioritized list 16 San Luis Obispo Railroad Museum Tom Mitchell Central Coast Railroad Festival October 5, 6, and 7, 2018 $5,000.00 Funding toward prioritized list 17 San Luis Obispo Repertory Theatre Patty Thayer The SLO REP 2018/19 Season July 1, 2018 - June 30, 2019 $7,000.00 Funding toward prioritized list 18 San Luis Obispo Soccer Club Hugh Payne Junior's Classic April 12-14, 2019 $3,000.00 Funding toward prioritized list; cannot be used not for printing costs 19 San Luis Obispo Symphony Kristen Hintz "Concerts in the Cohen" Series 10/6/18, 11/10/18, 2/2/19, 3/9/19, 5/4/19 $0.00 No funding reccoemended. Funding requested is directed toward organzation promotion/fan base as opossed to promotion of the event series. (Season pass holder or memebers) as opposed to event mailings or ads. 20 San Luis Obispo Vocal Arts Ensemble Sarah Maggelet Kick Off To Tour Concert 13-Oct-18 $3,000.00 Funding toward prioritized list 21 SLO Blues Society Michael Incase SLO Blues Dance Concerts 11/3/18, 12/1/18, 1/26/19, and 2/23/19 $2,000.00 Funding toward prioritized list 22 SLO Classical Academy Cozy Faber An Evening with Bill Deresiewicz March 8, 2019 $4,500.00 Funding toward print and social (no movie) 23 SLO County Farmers' Market Association Peter Jankay Farmers' Market 40th Anniversary Saturday, October 13, 2018 $3,500.00 No entertainment expenses can be covered by grant; Funding toward media plan 24 SLO Jazz Festival, Inc.Scott Andrews SLO Jazz Festival, Inc.May 17-18, 2019 $2,000.00 Funding for stage rental and artist down payments are not qulified grant funding expenditures. Funding for media plan - KSBY line item on the on the prioritized list. 25 St. Andrews Greek Orthodox Church Michael Stevens San Luis Obispo Greek Festival May 31, June 1, & June 2, 2019 $3,900.00 Funding toward contracting for agencies 26 The Central Coast Shakespeare Festival Zoe Saba Shakespeare Under the Stars July 13 - August 4, 2018 $4,000.00 Funding priority 2 and #6, then as they prioritize 27 United Way of San Luis Obispo County Leslie A. McKinley Flavors of SLO May 4, 2019 $5,000.00 Funding toward prioritized list; thank you ad cannot be covered by grant funding. 28 Wilshire Hospice Jessica McLoughlin Dia de los Muertos Saturday, November 3, 2018 $5,000.00 Funding toward prioritized list Total $100,000.00 0 Packet Pg. 45 Item 5 April 2018 1 Proposal to the City of San Luis Obispo Promotional Coordinating Committee April 2018 Promotional Services Purpose: Build on the partnership between the San Luis Obispo Chamber of Commerce and the City of San Luis Obispo’s Promotional Coordinating Committee to enhance and enrich the resident and visitor experience in San Luis Obispo, create a central hub of community and visitor information, and promote the region to potential visitors. Expertise: The San Luis Obispo Chamber of Commerce looks forward to building on our existing strengths including a successful track record of promoting San Luis Obispo, strong relationships throughout the community as well as extensive experience providing public relations and visitor services. Looking forward: For more than 40 years, the Chamber has worked with the City of San Luis Obispo’s Promotional Coordinating Committee to create new programs and utilize existing Chamber assets to improve the quality of life and economic vitality of the community we live in; we continue to seek new opportunities to deepen our partnership and further the understanding of San Luis Obispo as an exceptional place to live and visit. Packet Pg. 46 Item 5 April 2018 2 Table of Contents Cover letter 1 Qualifications 3 Project Team 4 Proposals 5 Summary 5 Packet Pg. 47 Item 5 April 2018 3 Qualifications The San Luis Obispo Chamber of Commerce offers a distinctive and powerful combination of strengths to assist the Promotional Coordinating Committee in fulfilling its mission and strategic direction. • Direct relationships with more than 1,370 local businesses that represent more than 33,400 employees throughout the county. These long-term relationships allow us to work cohesively with local businesses to execute promotions, projects and media visits. • Constant interaction with visitors in our downtown Visitor Center. More than 80,000 visitors will be personally greeted and assisted in 2017 and we engage with thousands more over the phone and digitally. The center, which is open seven days a week, is staffed by visitor information professionals who are trained to answer questions and accommodate requests of locals, visitors and travel writers. • Productive relationships with the media, rooted in our 40+ years of work in San Luis Obispo public relations. We are the go-to resource for travel writers due to the strength of the “chamber of commerce” brand and the strong relationships we have built through the years. • We have a nimble, responsive PR team, which is well informed about what is happening in the city and is able to capture the attention of as well as respond to journalists with timely information, photography and contacts. • Long-term strategic alliances with local organizations and events that attract visitors and enhance the tourist experience, including Hearst Castle, SLO Wine Country, Cal Poly, Festival Mozaic, the PAC and the SLO Film Festival. • Access to a library of more than 50,000 current and historical images of San Luis Obispo and the surrounding area. The award-winning images have appeared in publications such as National Geographic Traveler, Los Angeles Times, Outside Magazine, San Francisco Chronicle and many more. • The Chamber continues to stay on top of the trends in tourism promotions, working with regional, statewide and national partners to identify and act on emerging trends and best practices. Packet Pg. 48 Item 5 April 2018 4 Project Team The SLO Chamber has an experienced, professional staff of 20 who work together to execute projects with a track record of success. The key team members who will lead the proposed work for the Promotional Coordinating Committee include: Dusty Colyer-Worth Visitor Center Manager Dusty Colyer-Worth has been leading the Visitor Center and its team of eight customer service professionals since February 2016. Dusty utilizes his background in community relations, marketing, customer service and retail management to lead the Chamber’s guest services efforts. Molly Kern Director of Communications and Business Education Molly Kern has been with the Chamber in various roles since December 2012, including leading the public relations efforts on behalf of the city for the last Four years. In this role Molly works to share the “why” San Luis Obispo is a wonderful place to vacation, live, work and generally enjoy life. Keri Forsberg Communications Coordinator Joining the Chamber staff in 2015, Communications Coordinator Keri Forsberg has a degree in Recreation, Parks and Tourism from Cal Poly and specializes in connecting with Grants-In-Aid recipients to ensure the events have the appropriate marketing support to flourish. Packet Pg. 49 Item 5 April 2018 5 San Luis Obispo City Maps The tear-off, tableted city maps are the most utilized visitor resource in our Visitor Center as well as throughout San Luis Obispo. Maps are distributed quarterly and on-demand to all San Luis Obispo city hotels as well as hospitality partners including Amtrak, wineries and local museums. The project will be updated and printed each spring and we are proposing an update of the content for another print run of 150,000 to keep up with the current demand for distribution of approximately 37,500 maps each quarter. $9,000 for 150,000 maps with updates GIA Marketing Support Over the last eight years, the Chamber has provided event promotion and public relations support to the PCC’s grants-in-aid recipients. This partnership has been aimed at driving attendance and support by residents and visitors to events in the city. In the 2018-19 year, we propose a continuation of this service as it serves the goal of supporting community events that enhance San Luis Obispo in a way that direct funding can’t. Together, the marketing support and funding provided by the PCC help the events succeed. Elements of the contract include: • Writing and distributing press releases to local, regional and national media outlets • Promoting events through social media channels • Including events in event calendars to local tourism-related businesses • Including events in upcoming event releases to local media outlets • Meeting in-person, or by phone with groups • Offering to sell tickets through the Visitor Center (at no charge) • Promoting events through the Visitor Center by display of event materials- brochures, posters, etc. • Distribution of the easy-to-use, monthly local events one-pager to local hospitality partners that is consistent with the “look and feel” of the city’s messaging efforts $30,000 a year Summary GIA Marketing Support $30,000 San Luis Obispo City Maps $9,000 Packet Pg. 50 Item 5 Meeting Date: 7/10/2018 FROM: Daryl Grigsby, Public Works Director Prepared By: Andrew Collins, Streets Maintenance Supervisor SUBJECT: EQUIPMENT SURPLUS DESIGNATION AND AUTHORIZATION OF SALE RECOMMENDATION Authorize the designation and disposal of surplus items in accordance with the City’s policies and procedures as prescribed in the Financial Management Manual Sections 405-L, 480-A, and 480-B. DISCUSSION The City’s Corporation Yard and Water Resource Recovery Facility (WRRF) are located at 25 and 35 Prado Road respective ly. The WRRF will begin a major improvement project starting in 2019 which will both temporarily and permanently expands the facility’s footprint. Areas that will be impacted have been used for miscellaneous storage needs over the years and they must be cleaned up to support this project’s needs. Surplus Policy Compliance In compliance with the City’s Charter Section 906, policies and procedures which govern how surplus materials are disposed of, are provided in Sections 405-L, 480-A and 480-B of the Financial Management Manual. (Attachments B, C, and D) Equipment, vehicles, and materials meeting the requirements for surplus have been identified and are included in Attachment A. The items recommended for surplus are no longer used and are ready to be de signated as surplus. Some of these items have an estimated value of more than $1,000 and therefore require Council approval before they can be sold. CONCURRENCES The Utilities Department and Parks and Recreation Department have been actively involved in the in the review of equipment and materials stored in these locations and concur with the designation of disposal of surplus items. FISCAL IMPACT Staff anticipates the sale of these surplus items will generate approximately $15,000 in revenue after any associated advertising and auction fees. Funds generated by the sale of surplus items will be returned to the General Fund. Packet Pg. 51 Item 6 ALTERNATIVE Deny Surplus designation and sale. The City Council could reject the surplus designation request and direct staff to maintain all items. Staff does not recommend this option because these items are no longer used, will need to be relocated to a yet undetermined location. Relocation costs and additional cost for storage will be incurred. Attachments: a - Background Document b - section 405L surplus policy c - section 480A surplus policy d - section 480B surplus policy Packet Pg. 52 Item 6 Background The property located at 35 Prado Road is required to be used for a future construction project at the Water Resource Reclamation Facility which will start construction towards the end of 2018. The City has used this area for miscellaneous storage needs over the years and it must be cleaned up to support this future project’s needs. In addition, the property located in the rear of the corporation yard (25 Prado) will also be incorporated into this construction project requiring a thorough clean-up and disposal of equipment/material no longer needed. A site meeting was held on January 22, 2018 at 35 Prado Road to review the site and determine ownership of the stored materials. LOCATIONS Location 1: 35 Prado Road – The area is comprised of the front storage area that is largely comprised of construction equipment to be relocated by contractor. Area does contain old skate ramps that are owned by Parks and Recreation. Rear storage area is mainly used as City storage. Location 2: 25 Prado Road – This secondary storage area will need to be cleaned out. Packet Pg. 53 Item 6 Item: Chain Link Fence Owner: Parks Maintenance Item: City Vehicle Owner: Fleet Maintenance Item: Roof Tiles Owner: Facilities Maintenance Packet Pg. 54 Item 6 Item: Slurry Tank Owner: Streets Maintenance Item: Chain Link Fence Stands Owner: Parks Maintenance Item: Rolls of Chain Link Fence Owner: Parks and Recreation Packet Pg. 55 Item 6 Item: Skate Ramps Owner: Parks and Recreation Item: Bailey Bridge Owner: CIP Engineering Item: Refrigerators Owner: Unknown Packet Pg. 56 Item 6 Item: Trash Cans Owner: Streets Maintenance Item: Rock Slope Protecting – Riprap and remaining rock from 1995 flood bank stabilization work. Owner: Streets Maintenance Item: Crash Cans Owner: Streets Maintenance Packet Pg. 57 Item 6 Item: Wood Owner: Urban Forest and Rangers Item: Picnic Tables Owner: Parks Maintenance Item: Traffic Delineators Owner: Streets Maintenance Packet Pg. 58 Item 6 Item: Miscellaneous Rocks, Bricks and Roof Tiles Owner: Parks Maintenance Item: Concrete Lid for Street Trees Owner: Urban Forest Item: Ash Trays Owner: Parks Maintenance Packet Pg. 59 Item 6 Item: Heavy Equipment Buckets Owner: Streets Maintenance Item: HD Shelves Owner: Unknown Item: Boats Owner: Parks Maintenance Packet Pg. 60 Item 6 Item: Bridge Railing Owner: Streets Maintenance Item: Construction site exit grids Owner: Unknown Item: Roof Tiles & Cement Boxes Owner: Parks Maintenance Packet Pg. 61 Item 6 405-17 Section 405-L: Procedures DISPOSING OF SURPLUS UNITS 1.When a unit is replaced or otherwise permanently removed from service, report to Accounting that it is surplus and available for sale. 2. Include in each such report the following information for each unit reported: City identification number (e.g., 9901) Vehicle identification number (VIN) License number Model year (e.g.,2005), make (e.g., Ford), and model (e.g., F-350) Description (e.g., one-ton truck) Assigned department (e.g., Public Works) Assigned program (e.g., Signal and Light Maintenance) Acquisition year (e.g., 2004-05) Estimated surplus value Basis of estimated surplus value (e.g., blue book, previous auction proceeds) Current odometer or hourmeter reading Justification for replacement Current location Authorization to surplus (e.g., budget document that authorized replacement or other Council authorization to replace or dispose of the unit) 3.Finance Division will dispose of surplus vehicles in accordance Section 480 of the Finance Management manual. ATTACHMENT 1 Packet Pg. 62 Item 6 480-10 Section 480-B AUCTION FIRM SERVICES OVERVIEW To reduce staff time in the sale and disposal of property, to reduce the amount of space being used to store surplus and unclaimed property, to improve the process of estimating the value of surplus property, and to maximize the value of return on surplus property, the Department of Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal of personal property, consumable supplies and unclaimed property on an "as available basis" after authorization is given by the Council or the Director of Finance & IT to sell or dispose of City property. The policies and procedures provided below in conjunction with the City's auction firm will provide the staff with the opportunity to systematize the sale and disposal of this property. AUCTION FIRM RESPONSIBILITIES The following responsibilities will normally be assigned to the City's auction firm by Agreement between the City and the firm selected: A. The auction firm will be required to pickup any and all "marketable" surplus property by consignment and deliver this property to their premises where it shall be inventoried, sorted, identified, and catalogued. An auction will be conducted within 30 days of receipt of property and supplies. B. The auction firm will make the necessary arrangements for offering the property for sale by auction to the most qualified buyers to obtain the highest return possible. The auction firm will advertise the auction in a manner that will obtain the maximum participation by the public in at least one newspaper of general circulation in the City of San Luis Obispo for a minimum of five days prior to a scheduled auction. C. The property consigned to the auction firm will remain the property of the City until sold or disposed in accordance with these procedures. D. Property not sold at auction will be disposed by on of the following methods: 1. Consignment to a sub-contractor specializing in unique or special equipment and material for which there is no local market. 2. Direct sale to a buyer of unique or special equipment and material for which there is no local market. 3. By sale as salvage to a local dealer or any recycling firm. 4. By destruction at an appropriate landfill site and certification thereto. 5. Returned to the City. E. The material and equipment not sold at auction will be disposed of by one of the methods described above within 15 days from the date offered at auction. For the purpose of these ATTACHMENT 1 Packet Pg. 63 Item 6 Section 480-A SURPLUS PERSONAL AND UNCLAIMED PROPERTY POLICY OVERVIEW This policy addresses the procedures for the disposal of surplus personal property, unclaimed property, consumable supplies, and junk. The policies and procedures for the disposal or sale of surplus real property, abandoned property and resale inventory are provided in other policy documents. In preparing this policy, not all issues or exceptions could be anticipated. Accordingly, the guidance given in this policy does not relieve Staff from exercising good judgment in their stewardship of the City's property resources. Whenever there is a question or doubt between the guidance provided in this policy and the good judgment expected of a prudent person, good judgment should always be the prevailing standard, with this policy as a minimum standard. LEGISLATIVE POLICY A.Surplus Property Section 906 of the City Charter provides that the Council must approve the sale of surplus property (real or personal) with an estimated value greater than $1,000. B.Unclaimed Property 1. Chapter 3.32 of the City Municipal Code provides for the disposal of unclaimed property by the Chief of Police. This property must be held for a minimum of four months and notice of sale must be given at least five days prior to sale by publication in a newspaper of general circulation. Property not sold may be destroyed by the Police Department after public auction. 2. Sections 2080.4 and 2080.6 of the Civil Code requires any person finding property valued at $10.00 or more to turn the property over to the Police Department within a reasonable time, stating when and where the property was found and providing a description of the property. If the property was saved, a statement is required from the "finder" describing: a.From what and how it was saved. b. Whether the owner of the property is known to the "finder". c.That the property has not been secreted, withheld, or partially disposed. 480-1 ATTACHMENT 2 Packet Pg. 64 Item 6 Surplus Personal and Unclaimed Property Policy ADMINISTRATIVE POLICY A.The Director of Finance & Information Technology (IT) is authorized to declare as surplus those items of personal property and consumable supplies estimated to be less than $1,000 in value; Council approval is required to declare personal and consumable supplies as surplus with a value of $1,000. B.Department Heads are authorized to approve the disposal of property that is essentially without value due to technical obsolescence or its unrepairable (or economically unrepairable) condition. Department Heads may dispose of such junk property in the manner they deem most appropriate, consistent with other rules, regulations, and the City's ethics policy. C.Generally, estimating the value of surplus property is made by the Department Head or designated representative. In unique and unusual cases, Finance will assist Departments in estimating the value of property by using the City's auction firm to provide a professional estimate. However, in all cases, the Department Head must approve in writing the estimated value of the property to be sold or otherwise disposed. D.The Director of Finance & IT is authorized to sell, transfer, trade, or otherwise dispose of surplus personal property, consumable supplies, or unclaimed property in the most cost effective manner. Normally the sale of this property will be at auction with a firm contracted to provide the following services: 1. Sell and dispose of personal property, consumable supplies and unclaimed property at auction. 2. Provide professional estimates as to the value of personal property and consumable supplies when required. 3. Assist in the sale of unique or special property and consumable supplies that requires the use of a "specialty house" to sell or dispose of the property. 4. Dispose of unsaleable property, supplies and equipment at an approved disposal site. E.The Director of Finance & IT may dispose of surplus property and supplies by transfer to another local government agency or non-profit organization based on the recommendation of a Department Head. Although there may be circumstances where it is appropriate to make such transfer without compensation, cash or in-kind services should generally be received in an amount equal to or greater than the estimated value provided by the City's auction firm or the Department Head. In the case of vehicles, "low blue book value" may also be considered. F.When it is a normal business practice, trade value should be obtained to determine the most cost effective method of disposal and as a standard by which to evaluate the services of the City's auction firm. There may be circumstances when trade value of 480-2 ATTACHMENT 2 Packet Pg. 65 Item 6 Surplus Personal and Unclaimed Property Policy property may exceed auction value, in which case the Director of Finance & IT may authorize the trade of surplus property versus sale at auction based on the recommendation of the appropriate Department head. G.Advertising the sale of the City's property and unclaimed property will be made by the City's auction firm in accordance with these procedures, the Auction Services Agreement, and legislative policy. Accordingly, the advertising must disclose that the property for sale at auction is either the surplus property of the City of San Luis Obispo or is unclaimed property in the possession of the City and it must state the date and time of sale. Property sold at auction will be advertised at least five days in a newspaper of general circulation in the City of San Luis Obispo. H.Property determined to be unclaimed by the Chief of Police may be sold at public auction in accordance with these policies and procedures under the following conditions: 1. It is a thing which is commonly the subject of sale. 2. The owner cannot (with reasonable diligence) be found. 3. The owner, if identified, refuses to pay the reasonable charges incurred by the City for storing and safeguarding of the property. PROCEDURES A.Surplus Personal Property and Consumable Supplies 1. Department Heads will identify personal property and supplies that are surplus to their needs and notify the Director of Finance & IT by Memorandum to sell or dispose of property identified, in accordance with City policy and procedures. The property to be declared surplus will be listed and include the City Asset Number (if applicable), a descriptive name of the property, quantity, pickup location, estimated value, and name of the contract person with their extension number. Separate memorandums must be prepared for property estimated to exceed $1,000 in value and for property estimated to be less than $1,000 in value. The memorandum (or listing) must indicate why the property is no longer required. 2. Department Heads may request that Finance assist them in estimating the value of personal property and consumable supplies. In such instances, Finance may request the services of the City's auction firm in estimating these values. However, these services are limited and should not be used except for unique and unusual property. 3. Special handling will be required for the disposal of toxic and hazardous materials, and should be coordinated with the City's Fire Department. 480-3 ATTACHMENT 2 Packet Pg. 66 Item 6 Surplus Personal and Unclaimed Property Policy I.After receipt of a request to dispose of personal property and consumable supplies from a Department Head, Finance will circulate the list of property to other City Departments as an advisory memorandum. The property listed may be claimed by other Departments on a first come first serve basis. After 10 days from the date of the advisory memorandum, this listing will be forwarded to the Housing Authority, San Luis Coastal Unified School District, and United Way for their information. If none of these agencies expresses interest in the remaining property items within 10 days of receiving the listing, then the property will be consigned to the City's auction firm for sale or other method of disposal as determined by the Director of Finance & IT. Except in unusual circumstances, surplus property will generally remain on site pending its final disposition. This means that it is the responsibility of the interested party to make arrangements with the disposing department to view the property, discuss its condition, and coordinate any terms of transfer such as price, timing, and transportation. J.For property with a value of $1,000 or more, the Director of Finance & IT will prepare an Agenda Report for Council approval to declare the property as surplus after review by the operating departments as described above and prior to the consignment of property to the City's auction firm. B.Evidence The provisions of this policy do not address the disposal of property which is classified as evidence. Evidence is governed by the provisions of the penal code and must be dealt with accordingly. For example, evidence may be returned to the owner, subjected to lien, or classed as contraband and accordingly destroyed. However, evidence may also be determined by the Chief of Police to be unclaimed property and, in that event, will be processed in accordance with the policies and procedures provided below. C.Unclaimed Property Unclaimed property received by the City will be processed as follows: 1. The Police Department is required to receive, hold, and safekeep all property valued at more than $10 that is found within the City limits and turned in to the Police Department for safekeeping. The owner will be notified as to where the property may be claimed if the owner's identity can reasonably be determined. 2.If the owner appears within 120 days after receipt of the property by the Police Department, proves ownership, and pays all reasonable charges, the Police Department will return the property to the owner. 3.If the reported value of the property is fifty dollars or more (and no owner appears and proves ownership within 120 days), the Police Department will publish a notice, at least once, in a newspaper of general circulation. After seven days following the first published notice the following actions will be taken if no owner appears and proves ownership of the property; 480-4 ATTACHMENT 2 Packet Pg. 67 Item 6 Surplus Personal and Unclaimed Property Policy G.If the property was found in the course of employment by a City employee, the property shall be sold at public auction. H.The title shall vest in the person who found the property if he or she is willing to pay the cost of the publication. I. If the reported value of the property is less than $50 and no owner appears and proves ownership of the property within 120 days, the title shall vest in the person who found the property, unless the property was found in the course of employment by a City employee, in which case the property shall be sold at public auction. J.Generally, the sale of unclaimed property will be made by the City's auction firm; however, in unique circumstances, the Chief of Police may request that Police Department staff conduct the auction. When the City's auction firm is used, the firm must be notified in writing with a list of property to be sold. This list does not require a statement of estimated values. The letter will give the name of the contact person and extension number, a short title property description, a pickup location, and a pickup time. K.Prior to sale, a listing of unclaimed property shall be provided to the Director of Finance & IT, who will circulate this list as an advisory memorandum to other City Departments. The property listed may be claimed by other Departments on a first come first serve basis. After a 15 day period from the date of the advisory memorandum, the unclaimed property will be available for sale at public auction according to policy. L.The unclaimed property to be sold by the City's auction firm will be transferred on consignment in accordance with the surplus property policies. M.Any property remaining unsold after being offered at public auction may be destroyed or otherwise disposed of by the City's auction firm. Approved by the City Manager on March 1, 1990; revised on January 14, 1994. 480-5 ATTACHMENT 2 Packet Pg. 68 Item 6 Section 480-B AUCTION FIRM SERVICES OVERVIEW To reduce staff time in the sale and disposal of property, to reduce the amount of space being used to store surplus and unclaimed property, to improve the process of estimating the value of surplus property, and to maximize the value of return on surplus property, the Department of Finance & IT is authorized to contract with an auction firm to assist staff in the sale and disposal of personal property, consumable supplies and unclaimed property on an "as available basis" after authorization is given by the Council or the Director of Finance & IT to sell or dispose of City property. The policies and procedures provided below in conjunction with the City's auction firm will provide the staff with the opportunity to systematize the sale and disposal of this property. AUCTION FIRM RESPONSIBILITIES The following responsibilities will normally be assigned to the City's auction firm by Agreement between the City and the firm selected: A.The auction firm will be required to pickup any and all "marketable" surplus property by consignment and deliver this property to their premises where it shall be inventoried, sorted, identified, and catalogued. An auction will be conducted within 30 days of receipt of property and supplies. B.The auction firm will make the necessary arrangements for offering the property for sale by auction to the most qualified buyers to obtain the highest return possible. The auction firm will advertise the auction in a manner that will obtain the maximum participation by the public in at least one newspaper of general circulation in the City of San Luis Obispo for a minimum of five days prior to a scheduled auction. C.The property consigned to the auction firm will remain the property of the City until sold or disposed in accordance with these procedures. D.Property not sold at auction will be disposed by on of the following methods: 1. Consignment to a sub-contractor specializing in unique or special equipment and material for which there is no local market. 2. Direct sale to a buyer of unique or special equipment and material for which there is no local market. 3. By sale as salvage to a local dealer or any recycling firm. 4. By destruction at an appropriate landfill site and certification thereto. 5. Returned to the City. E.The material and equipment not sold at auction will be disposed of by one of the methods described above within 15 days from the date offered at auction. For the purpose of these 480-10 Auction Firm Services ATTACHMENT 3 Packet Pg. 69 Item 6 instructions, the City will give approval as to the disposal method based on the recommendation of the auction firm and the method that is in the best interests of the City. F.The auction firm will provide the Department of Finance & IT with a list of consigned property with a check for the net proceeds from the auction or specialty sale within 60 days of receipt of consigned material and equipment providing the following information: 1. City Asset number (if available) 2. Short title description of the property 3. Date of sale or disposal 4. Purchaser or the disposal site 5. Total purchase price 6. Auction fee 7. Net to City 8. Method of disposal (sale at auction, transfer to a specialty house for sale, direct sale as salvage, transfer to an appropriate landfill or disposal site, return to City) 480-11 ATTACHMENT 3 Packet Pg. 70 Item 6 Meeting Date: 7/10/2018 FROM: Brigitte Elke, Interim Finance Director Prepared By: Vinay Jathanna, Technology Projects Manager SUBJECT: REVISIONS TO THE CITY OF SAN LUIS OBISPO TRAVEL & MEETING GUIDELINES RECOMMENDATIONS 1.Adopt the revised City travel and meeting guidelines related to the implementation of the City’s new Enterprise Resource Planning (ERP) financial system (attachment exhibit A). 2.Rescind and replace Resolution No. 9850 (2006 Series), updating the City travel and meeting guidelines in November 2006, effective October 1, 2018. DISCUSSION Background On August 15, 2017 the City Council approved the release of request for proposal to replace the City’s antiquated finance system with an enterprise resource planning system. On February 14, 2018 the contract was awarded to Sierra Cedar, Inc. The implementation phase of the project is currently underway, and sections of the City’s Financial Management Manual affected by the implementation are being reviewed for alignment with best-practices solutions, and work and approval flows of the new ERP system. Travel & Meeting Expense Policy One of the sections affected by the new system is the Travel & Meeting Expense Policy adopted through Resolution No. 9850 (2006 Series). The revision attempts to consolidate the policy and its contents into logical groupings and clarify language for its major elements according to best practices and system standard functionality as reviewed with the Government Financial Officers Association. The contents of the policy address the following topics: 1.Activities constituting authorized expenses; 2.General standards & allowable expenses; •Travel expenses such as transportation, meal allowance, accommodation, travel time ; •Non-travel expenses such as special events, local meetings and training ; •Other expenses; 3.Travel authorization guidelines; 4.Requests for cash advances & payments to vendors; 5.Additional considerations; and 6.Accounting for expenses. Packet Pg. 71 Item 7 The following revisions to the policy are recommended: 1.Transportation •Clarify the use of City vehicles vs. personal vehicles. 2.Meal Allowance •The total meal allowance remains unchanged at $60/day but allocates individual amounts differently ($15 breakfast, $15 lunch and $30 dinner). No receipts are required, allowances are given as fixed amounts according to the approved travel requirements. The policy is very clear in regards of misuse of funds as well as ethical behavior while on business for the City of San Luis Obispo. •Employee may request the meal allowance in advance of the trip. •Meals can no longer be charged to City credit cards. 3.Non-Travel Meeting & Training Expense has been reworded for clarification. ENVIRONMENTAL REVIEW The recommended actions are not a project as defined under the California Environmental Quality Act. FISCAL IMPACT All travel related expenses are part of the City’s annual budget appropriations and incorporated in each department’s approved expenditures. ALTERNATIVES The Council could decide to leave the policy as currently written. This is not recommended as the revision is required to be properly incorporated in the ERP system for guideline configuration and the use of the standard functionality of the new system. Attachments: a - Travel and Meeting Expense Policy (Exhibit A) b - Draft Resolution c - Resolution 9850 - 2006 Series Packet Pg. 72 Item 7 Travel & Meeting Expense Policy October 2018 (Updated) Packet Pg. 73 Item 7 Contents Section 301 .......................................................................................................................................... 1 TRAVEL & MEETING EXPENSE POLICY .................................................................................................. 1 OVERVIEW.................................................................................................................................... 1 ACTIVITIES CONSTITUTING AUTHORIZED EXPENSES......................................................... 1 GENERAL STANDARDS & ALLOWABLE EXPENSES .............................................................. 2 TRAVEL AUTHORIZATIONS ...................................................................................................... 5 REQUESTS FOR CASH ADVANCE AND PAYMENTS TO VENDORS ...................................... 6 ADDITIONAL CONSIDERATIONS .............................................................................................. 7 ACCOUNTING FOR EXPENSES .................................................................................................. 8 Section 350.......................................................................................................................................... 1 MILEAGE REIMBURSEMENT RATE ........................................................................................................ 1 Section 351 .......................................................................................................................................... 1 AUTHORIZATION DURING TRAVEL CHILL .............................................................................................. 1 Packet Pg. 74 Item 7 Page: 301-1 Section 301 OVERVIEW These guidelines establish the basic policies and procedures for travel on City business or attendance at meetings by all employees and officials. Everyone who travels or attends meetings for City business purposes (or supervises someone who does) is responsible for knowing and following these guidelines. If any conditions covered in an employee Memorandum of Agreement (MOA) are different to the policy explained here, then the MOA stipulations are followed. These guidelines are organized into the following eight sections: 1.Activities Constituting Authorized Expenses 2.General Standards & Allowable Expenses 3.Travel Authorizations 4.Requests for Cash Advance & Payment s to Vendors 5.Additional Considerations 6.Accounting for Expenses Travel Authorization (TA) form must be completed for all expenses related to attending meetings or conferences and submitted for approval to the Department Head, prior to arranging the trip. Please refer to Finance SharePoint site for the TA Form and instructions for completing the form. The system of record for all travel and meeting related expenses is Oracle Expense Management module. Besides ensuring that travel by City employees and officials is conducted in accordance with this policy, the Oracle Expense Management module provides a means to manage, approve and track the total cost of attending conferences, meetings, and seminars and provides documentation for cash advances, vendor payments, and credit card purchases. Adoption and Implementation. The Council is responsible for adopting the City’s travel and meeting policies and for approving any significant policy revisions to them. The City Manager is responsible for developing administrative procedures as needed to implement the guidelines. In this role, the City Manager is authorized to make minor administrative changes in the policies if they are intended to carry out the purpose of these policies and will not have any significant policy or fiscal impacts. ACTIVITIES CONSTITUTING AUTHORIZED EXPENSES Expenses incurred in connection with the following activities constitute authorized expenses, along with other criteria of this policy, including good judgment in the use and stewardship of the City's resources. Pre-authorization is required for all overnight travel and meeting related expenses in excess of $200 such as: ■Communicating with representatives of regional, state and national government on City TRAVEL & MEETING EXPENSE POLICY Packet Pg. 75 Item 7 Page: 301-2 adopted policy positions. ■Serving on professional organization or governmental committees, bo ards or task forces. ■Attending educational seminars, conferences or organized educational activities designed to improve skill levels or provide information on topics important to City policy and operations. ■Preparing research for City projects or implementing adopted City plans, policies, goals or programs. ■Attending meetings involving activities or decisions important to City interests, consistent with adopted plans, policies, goals or programs. ■Attending events where the City is a formal sponsor or participant, or in performance of official duties for the City. ■Communicating with employees or representatives of community groups on policy positions adopted by or under consideration by the City. ■Recognizing volunteer or employee service to the City. ■Engaging in other business-related activities with a direct connection to the implementation of adopted City plans, policies, goals or programs. The City is responsible for paying all authorized travel or meeting expenses. These include transportation, lodging, registration fees, meals, and any other related expenses such as parking, baggage handling, and telephone costs if they fit within these criteria. Although expenditures below $200 don’t require prior authorization, the expenses must be claimed using Oracle Payables Expense module. GENERAL STANDARDS & ALLOWABLE EXPENSES The policy addresses the requirement for good judgment in requesting, arranging , and expending travel and meeting related expenses. 1.Incurring Travel Expenses 1.1. Transportation – Getting to the Destination The mode of transportation selected is based on minimizing the time away from work, potential for lost work time, overtime, or increased lodging costs. ■Common carrier, in coach class (such as bus, train or plane) is the preferred mode of transportation unless there is a valid reason for using private transportation. ■All air travel on City business will be coach class. ■Discounted government or sponsoring group rates will be used whenever these are offered and available. ■Use of a City vehicle is recommended when traveling within the state; especially if two or more employees or officials are traveling together. ■If a City vehicle is not available, or if there is a valid reason to use a personal vehicle, advance approval from the Department Head is required. Employee will be reimbursed at the currently approved mileage rate as stated in section 350 below. Mileage will be calculated based on online mapping resources (such as Google Maps) at the shortest distance from the Packet Pg. 76 Item 7 Page: 301-3 starting point to end destination. If d riving a privately-owned vehicle on City business, employee must: 1.Possess a valid California driver’s license. 2.Carry automobile liability insurance as required by the State of California Department of Motor Vehicles. 3.Any damage to the car, needed service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement. Mileage in-Lieu of Common Carrier Costs. If a common carrier would otherwise be the preferred mode of transportation, but the employee will use a personal vehicle instead (subject to the approval guidelines set forth above), the reimbursed amount will not be more than the common carrier cost. 1.2. Transportation at Destination ■At destination location, use of public transit such as buses, streetcars, and subways are appropriate modes of transportation to get to the destination. Social outings on employee’s time are not covered. ■Use of taxis, or other similar, more individually focused transportation modes (such as Uber, Lyft, etc.) or car rental is allowed when public transit or other common carriers are not reasonably available. 1.3. Meal Allowance ■The following amounts (including non-alcoholic beverages, taxes and gratuities) are allowed for each meal for a total of $60.00 without the employee requiring submitting receipts. The per meal allowance is as follows for the total of $60: Breakfast $15.00 Lunch $15.00 Dinner $30.00 ■If travelling to an area with higher cost of living, the department head may approve an allowance greater than what is specified above. ■Employees can request the total meal allowance required for the duration of the trip in advance of the travel. ■Employees cannot use City issued credit cards for purchasing meals considering the allowance provided as per above. ■On the first day of travel, if starting in the morning, breakfast allowance is not allowed and if starting in the afternoon, lunch allowance is not allowed. ■On the last day of travel, no dinner allowance is allowed. ■Because of reimbursement limitations by other agencies (such as P.O.S.T.) or other budget constraints, department heads may authorize lower meal allowances than stipulated above. ■Any amounts exceeding the limits stipulated above require approval by the department head. ■If there are conflicts between these allowances and Memorandums of Agreement (MOA) with employee associations, the MOA will apply. Packet Pg. 77 Item 7 Page: 301-4 ■If meals are provided without charge at a meeting, conference, or while in transit, meal costs cannot be claimed as expense, regardless of whether or not the employee elects to eat the provided meals. 1.4. Accommodations ■The City pays for a single room (including taxes and parking) for as many nights as necessary to complete the purpose of the trip. ■It is preferred to stay at the hotel where a conference is held, even if that hotel may be slightly more expensive than others in the area. ■A hotel close to where business is conducted is preferable, even if it may be slightly more expensive than outlying hotels. ■If there is any doubt about choosing accommodations, concurrence or direction must be obtained from the Department Head or the immediate Supervisor prior to making a reservation. ■When conference or training sponsors have made arrangements for lodging, employees must stay at one of these facilities and the cost must not exceed the maximum group rate published by the organizers. In the event that rooms are not available at one of these facilities, employee should stay at a comparable facility at a comparable cost, not to exceed the maximum group rate published by the sponsor. Approval must be obtained from the Department Head if the costs exceed these rates. ■If any of the above items are not applicable to the situation, then accommodations selected must be both economical and practical. ■Reservations will be made immediately upon receiving approval for the travel. ■Any unused reservations must be cancelled in advance of travel. If the City is charged for an unused reservation, employee will bear the cost unless circumstances requiring cancellation were reasonably beyond the employee’s control. ■When making lodging reservations, eligibility for exemptions from the local transient occupancy tax (TOT) should be confirmed since some cities exempt travelers on City business If the lodging operator requires an official, written claim for exemption, an exemption form must be completed. Please refer to Finance SharePoint site for the TOT Form and instructions for completing it . ■Additionally, discounted government or group rates must be requested and used if they are available. 1.5. Compensation for Travel Time ■When travel time exceeds the normal workweek, the City’s rules for overtime apply based on the Memorandum of Agreement (MOA) that dictates the overtime rules for the applicable employee association. ■In determining overtime compensation, normal commute time should be deducted from the total travel time. ■Normal unpaid meal periods are not considered work time when traveling. ■Overtime eligibility applies equally to drivers and passengers and should be granted whether Packet Pg. 78 Item 7 Page: 301-5 the travel occurs during normal workdays, weekends, or evenings. 2.Incurring Non-Travel Expenses 2.1. Special Events The City will reimburse expenses incurred by the employee for attending such meetings and hospitality as may, from time to time, be determined by the Council to be appropriate ; such as the annual Chamber dinner. Costs for such special occasions will be determined by specific Council action authorizing such events. 2.2. Local Meeting and Training Costs The City will reimburse expenses incurred in attending meetings or conferences held locally which do not include travel expenditures, subject to the following guidelines: ■Meals are limited to activities outside of normal duties, such as business-related meetings held before or after regular working hours (including working lunches where this is the only time available) or extended overtime due to special projects or emergencies. ■Meal reimbursements are not allowed as part of routine daily work assignment s or training within City limits, unless part of the registration cost or the meal is served on site as part of the program to keep all participants together and not have them disperse for meals. ■Meals incurred during training held outside the City limits are only allowable when the training (including travel time) spans the normal meal period. For example, if training is held outside of the City limits from 9:00 until 10:30 AM at a location that is an hour away from the City, meal costs for lunch would not be reimbursable. However, meal costs for lunch under similar circumstances where the training is held from 9:00 AM to 3:00 PM is reimbursable. ■Reimbursement for meal costs in these circumstances are subject to the City’s meal cost guidelines for overnight travel. 2.3. Other Expenses The City will reimburse the employee for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs that may be borne by the City include printed materials, tapes, or other training material that are available for sale at the meeting. TRAVEL AUTHORIZATIONS Travel Authorizations (TAs) are required whenever the total estimated cost will exceed $200 or overnight accommodations are required. Department Head approval of TAs is required for any travel within the State that exceed $200. Travel to Hawaii or international destinations requires further approval of the City Manager or his/her designee. A City Manager report is not typically required. When a Travel Chill policy is in effect, prior authorization is required from the City’s Administration Department and at least one travel approval objective must be met as explained in section 351 below. Completed TAs and accompanying voucher requests must be submitted to the Department Head as far in advance as possible. Travel expenses are processed in Oracle Expense Management Packet Pg. 79 Item 7 Page: 301-6 module to account for them. Department Heads approving TAs are responsible for determining that the cost is reasonable and justified by and the trip’s purpose based on the following: 1.The purpose cannot be accomplished by mail, telephone, or webinar. 2.The seminar, meeting, or conference is necessary to accomplish key City goals and objectives and is unavailable locally, or in a closer location, if overnight accommodations or out of state travel are required. 3.The minimum number of City staff members are going. 4.The itinerary ensures accomplishment of the purpose at the lowest reasonable cost. 5.The traveler understands and follows the travel guidelines. 6.There is sufficient funding in the appropriate travel budget to cover the costs. Ultimately, it is the responsibility of each City employee and official incurring travel for following these policies and exercising good judgment in the use and stewardship of the City’s resources. Failure to do so is a serious breach of the City’s ethics policy. Doing so , even if the intent is to reimburse the City later , will result in disciplinary action, up to and including termination. REQUESTS FOR CASH ADVANCE AND PAYMENTS TO VENDORS There are four ways to pay for travel expenses: 1.Direct vendor payments Direct vendor payments are made by the City to an organization to pay for specific costs related to a trip - usually registration fees, lodging, and airfare. 2.Cash advances/reimbursements Cash advances are lump sum payments made to the employee prior to departure to cover expenses as they arise on the trip. If an employee requests a cash advance, the employee’s Department Head must review the amount to ensure it is reasonable. When the employee returns, s/he must account for all expenses incurred and return the unused portion of the advance. The employee will be reimbursed the difference if the actual authorized expenses incurred exceed the amount advanced. 3.Credit cards If the employee has been issued one, City issued credit cards must be used, in all circumstance, to pay for reservations or for expenses incurred during the trip (except for meals as explained in the Meal Allowance section above). Credit cards are issued pursuant to the City credit card policy (Section 275 of the Financial Management Manual). 4.Out of pocket expenses All expenses must be charged to City issued credit cards. In exceptional cases where expenses are paid out of pocket by the employee, for which reimbursements (or refunds to the City) are processed, proper receipts must be submitted (for exceptions refer to Meal Allowance section above). In the event that receipts are not available, employee must provide a written explanation of the circumstances and the reason for incurring this expense, signed by the supervisor. Packet Pg. 80 Item 7 Page: 301-7 Please refer to Oracle Expense Management process for more information to obtain either direct vendor payments or a cash advance. When processing travel and meeting expenses online, appropriate receipts or invoices are required as back up (uploaded into the header of the request), including a copy of the approved pre-travel authorization report (TA). ADDITIONAL CONSIDERATIONS ■If an employee takes time away from official travel business for personal matters, or delays return after completing the travel business, employee will not be reimbursed for expenses incurred during that time. When combining business and personal travel in this manner, Department Head approval is required. If this extended period occurs during regular scheduled work hours, the time will be counted as vacation, or other paid leave time as appropriate, or leave without pay. Only the minimum mileage allowance between starting point and end destination is allowed, as explained in the transportation section of this policy. ■As explained above, if travelling by air and the employee plans to delay the return for personal reasons, the employee may extend the return date, if this does not increase the cost of the airfare. If the cost increases, it is the responsibility of the employee to pay for the added cost. ■If an employee becomes sick and must delay returning, the employee will be reimbursed for the additional living expenses (except those directly related to the illness, such as physician or hospital costs) until the employee is able to return home. Supervisor must be notified as soon as possible of the illness. The time will be counted as sick leave if it occurs during normally scheduled work hours, and the City's normal sick leave rules will apply. ■Employee must maintain a detailed record of all expenses incurred during travel: transportation, lodging, baggage handling, parking fees, registration fees, telephone (including reasonable calls to communicate home, excludes City issued cell phones) and any other reasonable and necessary expenses. Receipts must be submitted for all expenses. Since the employee is claiming allowance for meals, no receipts are required. ■Spouses and guests are welcome to accompany an employee on City travel and at conferences, seminars, and meetings. However, any additional costs associated with the participation of a spouse or other guests are the responsibility of the employee. Exceptions to this policy include the annual League of California Cities dinner and any other occasions as specifically approved by the Council. ■Due to liability concerns, non-City employees should not ride as passengers in City vehicles when it is not directly related to City business. However, Department Heads may approve exceptions on a case-by-case basis, subject to review by Risk Management. ■City funds must not be used to purchase alcohol or reimburse employees for alcohol related costs. ■These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of City related travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Failure to do so is misuse of City funds and a serious breach of the City’s ethics policy. Doing so , even if the intent is to reimburse the City later, will result in Packet Pg. 81 Item 7 Page: 301-8 disciplinary action, up to and including termination. ACCOUNTING FOR EXPENSES A completed Travel Payable Expense Report is required for Accounting within 10 business days of returning from travel, even when a trip does not include an employee advance or reimbursement . The final accounting is processed by completing the report in Oracle Expense Management module. Upon completion and submission of the report, the system workflow will route the report to the Department Head or designee for automatic approval. Department Heads approving expense reports are responsible for ensuring that: 1.All expenses are reasonable, necessary, and consistent with this policy. 2.Any required receipts are attached. 3.The final disposition is correct (balance due to employee or balance due to the City). 4.Any amounts due to the City are reimbursed promptly. Upon approval by the Department Head, the report is automatically routed to Accounting for payment where applicable. If the City owes the employee, the expense report is automatically queued for payment in the next check register once all approvals are complete. If the employee owes the City, the payment must be made at the Revenue desk and a receipt obtained. This receipt must be attached to the expense report online in Oracle Expense Management module prior to submission for approval. Packet Pg. 82 Item 7 Page: 301-1 Section 350 Under the City’s fleet management program, the City reimburses employees for using their personal car in conducting City business at the current IRS approved rate listed at www.irs.gov. Consistent with the IRS basis in setting this rate, the City’s per mile reimbursement rate reflects all costs associated with operating a vehicle, such as depreciation, lease payments, maintenance, repairs, fuel, oil, insurance (including deductibles) and vehicle registration fees MILEAGE REIMBURSEMENT RATE Packet Pg. 83 Item 7 Page: 351-1 Section 351 Objectives to be met to obtain authorization when a travel chill is in effect: ■Required for certifications for specific positions ■Necessary for public health, safety or other high priority service needs ■Focused on process improvement, efficiency and/or cost savings ■Associated with staff involved in leadership positions in professional organizations and associations AUTHORIZATION DURING TRAVEL CHILL Packet Pg. 84 Item 7 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE CITY’S TRAVEL AND MEETING EXPENSE POLICY GUIDELINES WHEREAS, in the course of conducting City operations it is necessary to clarify the guidelines for employees submitting expenses for City related travel and meeting costs ; and WHEREAS, the Council adopted Resolution No. 9850 (2006 Series) approved by the Council on November 14, 2006 and subsequently updated by the City Manager on November 7, 2007, which set forth the City’s travel and meeting expense policy guidelines; and WHEREAS, the City has contracted to implement a new Oracle Cloud Enterprise Resource Planning (ERP) financial system by October of 2018, which will greatly increase transparency and accountability in City purchasing activities ; and WHEREAS, the subject changes to the travel and meeting policy guidelines will streamline the expense report processes, while maintaining appropriate checks and balances. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that : SECTION 1. The City’s Financial Manual Travel and Meeting expenses are hereby amended as set forth in Exhibit A which shall be implemented upon the official go -live date for the Oracle ERP System in October of 2018. SECTION 2. Resolution Number 9850 (2006 Series) is hereby superseded to the extent inconsistent herewith. Packet Pg. 85 Item 7 Resolution No. _____ (2018 Series) Page 2 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: ____________________________________ Teresa Purrington 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 ______________, _________. ____________________________________ Teresa Purrington Interim City Clerk Packet Pg. 86 Item 7 RESOLUTION NO. 9850 (2006 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING TRAVEL AND MEETING GUIDELINES WHEREAS, the City of San Luis Obispo reimburses its officials and employees for travel and business expenses incurred by them in the course of their duties in accordance with adopted travel and meeting guidelines; and WHEREAS, the Council last updated the City's travel and meeting guidelines in November 2000; and WHEREAS, it is timely to update these guidelines to reflect current conditions, improved procedures and State law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 9126 is hereby rescinded and the attached Travel and Meeting Guidelines are hereby adopted. Upon motion of Council Member Ewan seconded by Vice Mayor Settle, and on the following roll call vote: AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on November 14, 2006. Mayor David F. Romero ATTEST: Audrey Ho er, Ci Clerk APPROVED AS TO FORM: Jon ha . Lowell, City Attorney Packet Pg. 87 Item 7 Section 301 OVERVIEW These guidelines establish the basic policies and procedures for travel on City business or attendance at meetings by all employees and officials. Everyone who travels or attends meetings for City business purposes (or supervises someone who does) is responsible for knowing and following these guidelines. These guidelines are organized into the following eight sections: 1. General Standards 2. Allowable Expenses 3. Planning an Official Trip 4. Travel Authorizations 5. Making the Trip 6. Incurring Non - Travel Expenses 7. Accounting for Expenses 8. Completing Travel Authorizations and Expense Reports The key document in the administrative process is the Travel Authorization/Expense Report TA). Besides ensuring that travel by City employees and officials is conducted in accordance with these guidelines, the TA summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for cash advances, vendor payments and credit card purchases. General instructions for, completing and processing this form are also included in these guidelines. Adoption and Implementation. The Council is responsible for adopting the City's travel and meeting guidelines and for approving any significant policy revisions to them. The CAO is responsible for developing administrative procedures as needed to implement the guidelines. In this role, the CAO is authorized to make minor administrative changes in the guidelines as long as they are intended to carryout the purpose of these guidelines and will not have any significant policy impacts. O GENERAL STANDARDS These guidelines do not require you to take a bus, stay in a cheap motel or eat only in fast food restaurants. A bus or a train may cost less than a plane, but the added time away from work may make these slower options more expensive to the City overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. In all areas, not just economy, you are responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned, well in advance. You should not mix personal business with official business if it will cost the City anything in dollars or lost time, or if it will harm the City's interests in anyway. 301 -1 Packet Pg. 88 Item 7 Travel and Meeting Guidelines These guidelines are not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. ALLOWABLE EXPENSES Expenses incurred in connection with the following activities generally constitute authorized expenses, as long as the other guidelines of this policy are met, including good judgment in the use and stewardship of the City's resources. Communicating with representatives of regional, state and national government on City adopted policy positions. 2. Serving on professional organization or governmental committees, boards or task forces. 3. Attending educational seminars, conferences or organized educational activities designed to improve skill levels or provide information on topics important to City policy and operations. 4. Preparing research for City projects or implementing adopted City plans, policies, goals or programs. 5. Attending meetings involving activities or decisions important to City interests, consistent with adopted plans, policies, goals or programs. 6. Attending events where the City is a formal sponsor or participant, or in performance of official duties for the City. 7. Communicating with individuals or representatives of community groups on policy positions adopted by or under consideration by the City. 8. Recognizing volunteer or employee service to the City. 9. Engaging in other business related activities with a direct connection to the implementation of adopted City plans, policies, goals or programs. PLANNING AN OFFICIAL TRIP How willyou travel? When planning the transportation portion of your trip, you should consider all aspects of cost to the City —daily expenses, overtime, lost work time —as well as actual transportation costs. In general, common carrier (such as bus, train or plane) is the preferred mode of transportation. You should use an intercity bus, train or airplane unless there is a valid reason for using private transportation. For example, use of a City vehicle — especially if two or more employees or officials are traveling together —may be less expensive for travel within the State. However, as noted above, the increased time for automobile transportation —and the potential for lost work 301 -2 Packet Pg. 89 Item 7 u Travel and Meeting Guidelines time, overtime, or increased lodging costs — should be considered in determining the best mode of transportation. Transportation at Your Destination. If you need local transportation at your destination, use of public transit such as buses, streetcars and subways is appropriate: the City will reimburse you for these expenses. The City will also reimburse you for taxis when public transit or other common carriers are not reasonably available. If a car rental is required, you may use a City credit card or request reimbursement when you return (see Section 275 of the Financial Management Manual regarding guidelines and procedures for using City credit cards). Air Travel. All air travel on City business should be coach class. It is the City's policy to use discounted government or sponsoring group rates for transportation whenever these are offered and available. Traveling by Automobile. If you will be driving, you should use a City vehicle if one is available. You may use a City credit card to purchase gasoline or request reimbursement when you return. If a City vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the approval of your department head. You will be reimbursed at the currently approved per mile rate (see Section 350 of the Financial Management Manual). The following intercity mileages provided by the Automobile Club of Southern California may be used: City One Wnv'1lt leage. ° Cih._ One Way Mtleage Anaheim 227 Sacramento 286 Bakersfield 137 San Diego 324 Fresno 138 San Francisco 231 Los Angeles 201 San Jose 188 Monterey 148 Santa Barbara 108 Oakland 228 Santa Maria 30 Additionally, you may also use third party sources such as "Yahoo Maps" in determining mileage reimbursements. To drive a privately owned vehicle on City business you must: 1. Possess a valid California driver's license. 2. Carry liability insurance limits required by the City's Risk Management Manual. 3. Realize that any damage to the car, needed service or repair occurring on the trip will be your responsibility, as these costs are included in the City's per mile cost reimbursement. 301 -3 Packet Pg. 90 Item 7 c: o Travel and Meeting Guidelines Mileage in -Lieu of Common Carrier Costs.. In the event that a common carrier would otherwise be the preferred mode of transportation, but you will use a personal car instead subject to the approval guidelines set forth above), you will not be reimbursed more than the common carrier cost. When will you go? By what route? You should schedule your trip so that you leave at the latest reasonable hour and still arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. You should generally take the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. If you take an indirect route or stop along the.way for personal "reasons, the City will not reimburse you for related expenses. What about compensation for travel time? When travel time exceeds your normal workweek, the City's rules for overtime apply. In determining overtime compensation, normal commute time should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time when you are traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays, weekends or evenings. Wliere will you stay? The City will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodations you use should be economical but practical. For example, it is preferable to stay at the hotel where a conference is held, even if that hotel may be slightly more expensive than others in the area.. Location is also important: a hotel close to where you will be conducting business may be slightly more expensive than outlying hotels, but it may be easier to achieve the City's travel goals by staying at the closer location. In general, you When conference or training sponsors should stay at the most reasonably priced have made arrangements for lodging, you should stay at one of these facilities and accommodations available consistent with the the cost should not exceed the maximum purpose and goals of your travel. group rate published by them. If you have a. question about using a particular hotel, obtain concurrence or direction from your department head before making a reservation. Should you make reservations? In the event that rooms are not available at one these facilities, you should stay at a comparable facility at a comparable cost, not to exceed the maximum group rate published by the sponsor. Whenever possible, you should make reservations. 'They are often required for large conferences. You can use a City credit card number to confirm reservations. Be sure to cancel any reservations you will not use. If the City is charged for an unused reservation, you will pay that charge unless circumstances requiring cancellation were reasonably beyond your control. 301- 4 Packet Pg. 91 Item 7 0 Teave_I and Meeting Guidelines, When making lodging reservations, be sure to ask about exemptions from the local transient occupancy tax (TOT): some cities exempt travelers on City business, others don't. If there is an exemption, you can save up to 15% on lodging costs depending on the local TOT rate. Almost all lodging operators will require an official, written claim for exemption. A sample for this purpose is provided in Exhibit A. Additionally, you should also ask about any discounted government or group rates; and use them if they are offered and available. O TRAVEL AUTHORIZATIONS TA's are required whenever the total estimated cost will exceed $200 or overnight accommodations will be required. Otherwise, credit cards or the City's standard voucher system may be used to request vendor payments or expense reimbursements. Department head approval of TA's is required, and out -of -state travel requires the further approval of the CAO. The first page of the completed TA and accompanying voucher requests should be submitted to your department head as far in advance as possible. The reverse side of the TA will be used when you return to account for your actual travel expenses. Department heads approving TA's are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that: 1. The purpose cannot be accomplished by mail or telephone. 2. The seminar, meeting or conference is necessary to accomplish key City goals and objectives and is unavailable locally if overnight accommodations are required. 3. The minimum number of City staff members are going. 4. The itinerary ensures accomplishment of the purpose at the lowest reasonable cost. 5. The traveler understands and follows these guidelines. 6. There is enough money in the appropriate travel budget to cover the costs. Ultimately, the responsibility for following these guidelines and exercising good judgment in the use and stewardship of the City's resources rest with each City employee and official incurring travel, meeting or meal costs on City business. Requests for Cash in Advance and Payments to Vendors The City will pay all legitimate expenses of your trip or meeting. These include transportation, lodging; registration fees, meals and any other related expenses such as parking, baggage handling and telephone costs if they are for official business and fit within these guidelines. There are three ways to pay for travel expenses: direct vendor payments, cash advances /reimbursements and credit cards. Direct vendor payments are made by the City to an organization to pay for specific costs related to a trip — usually registration fees, lodging and airfare. Cash advances are lump sum payments made to you before you leave to cover expenses 301 -5 Packet Pg. 92 Item 7 C Travel and Meeting Guidelines as they arise on the trip; and reimbursements ( or refunds to the City) are processed after your travel is completed. Credit cards are issued pursuant to the City credit card policy (Section 275 of the Financial Management Manual). If you request a cash advance, your department head must review the amount to be sure it is reasonable. When you return, you must account for all expenses you incurred, and return the unused portion of the advance. You will be reimbursed the difference if the actual, authorized expenses you incurted exceed the amount advanced. To obtain either direct vendor payments or a cash advance, you must complete the appropriate sections of the TA and attach payment vouchers for all payments (including cash advances). You should also attach a copy of the approved CAO transmittal report (if required). You should retain a copy of the completed TA (both sides) because you will need it when you return to reconcile and account for your actual expenses. TA Forms. The TA Form is available as an Excel file on the City's Intranet. MAKING THE TRIP There are two key "golden rules" to remember about making an official trip: 1. Keep it official. 2. Keep records for all expenses. Keeping It Official If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses incurred during that time. When combining business and personal travel in this manner, department head approval is required. If this extended period occurs during your regular scheduled work hours, the time will be counted as vacation, comp time (if available) or leave without pay. If you become sick and must delay your return, you will be reimbursed for your additional living expenses (except those directly related to your illness, such as physician or hospital costs) until you are able to return home. You should notify your supervisor as soon as possible if you become ill. The time will be counted as 'sick leave if it occurs during your normally scheduled work hours, and the City's normal sick leave rules will apply. And lastly, all expenses must be incurred in accordance with the guidelines set forth in this policy. Keeping Records for All Expenses As discussed below under Accounting for Expenses, you must maintain a detailed record of all expenses incurred during your travel: meals, transportation, lodging, baggage handling, parking 301 -6 Packet Pg. 93 Item 7 r Travel and Meeting Guidelines fees, registration fees, telephone (including reasonable calls to communicate home) and any other reasonable and necessary expenses. Receipts must be submitted for all expenses. In the event that receipts are not available, you must provide a written explanation of the circumstances as to why this is the case and reason you incurred this expense. Meal Guidelines The following amounts (including beverages, taxes and gratuities) are allowed for meals: Breakfast 10.00 Lunch 15.00 Dinner 35.00 As noted above, receipts are required for all meal costs. Because of reimbursement limitations by other agencies (such as P.O.S.T) or other budget constraints, department heads may authorize lower meal allowances. Any reimbursements exceeding these allowances require approval by the department head. In the event that there are conflicts between these guidelines and Memorandums of Agreement (MOA) with employee associations, the MOA will apply. If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), meal costs will not be reimbursed. O INCURRING NON - TRAVEL EXPENSES Special Events. The City will reimburse expenses incurred for such meetings and hospitality as may, from time to time, be determined by the Council to be appropriate. Costs for such special occasions will be determined by specific Council action authorizing such events. Local Meeting and Training Costs. The City will also reimburse expenses you incur in attending meetings or conferences held locally which do not include travel expenditures, subject to the following guidelines: 1. Meals not incurred as part of out -of -area or overnight travel are limited to activities outside of normal duties, such as business- related meetings held before or after regular working hours (including working lunches where this is the only time available) or extended overtime due to special projects or emergencies. 2. Meal reimbursements are not allowed as part of routine daily work assignments or training within City limits, unless part of the registration cost or the meal is served on site as part of the program to keep all participants together and not have them disperse for meals. 301 -7 Packet Pg. 94 Item 7 Travel and Meeting Guidelines 3. Meals incurred during training held outside the City limits are only allowable when the training (including travel time) spans the normal meal period. For example, if training is held outside of the City limits from 9:00 until 10:30 AM at a location that is an hour away from the City, meal costs for lunch would not be reimbursable. However, meal costs for lunch under similar circumstances where the training is held from 9:00 AM to 3:00 PM would be reimbursable. 4. Reimbursement for meal costs in these circumstances are subject to the City's meal cost guidelines for overnight travel. Other Expenses. The City will reimburse you for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs that may be borne by the City include printed materials, tapes or other training material that may be available for sale at the meeting. Alcoholic Beverages City funds should not be used to purchase alcohol or reimburse employees for alcohol related costs. The Council or CAO may approve exceptions to this policy on a case -by -case basis for special receptions or other unique circumstances. This discretion applies primarily to non - travel related expenditures such as special receptions, and not to routine travel or meetings by City employees. Spouses and Guests Spouses and guests are welcome to accompany you on City travel and at conferences, seminars and meetings. However, any additional costs associated with the participation of your spouse or other guests are your responsibility. Exceptions to this policy include the annual League of California Cities dinner and any other occasions as specifically approved by the Council. Guests As Passengers in City Vehicles. Due to liability concerns, non -City employees should not ride as passengers in City vehicles when it is not directly related to City business. However, department heads may approve exceptions on a case -by -case basis, subject to review by the Risk Manager. O ACCOUNTING FOR EXPENSES When you return from your trip or official function, a final accounting of all expenses must be approved by your department head and submitted to Finance within ten working days. An expense report is required in all cases — whether the advance and actual expenses are equal, you are eligible for additional reimbursement or you owe money to the City. 301-8 Packet Pg. 95 Item 7 Travel and Meeting Guidelines The final accounting is made by completing the Travel Expense Report section on the reverse side of the TA. After completing the expense report, you should attach required receipts, sign the report attesting to its accuracy and submit it to your department head for review and approval. If you owe the City for the unused balance of a cash advance, you should pay the amount due to the cashier at your location and attach the cash register receipt to your expense report. A completed Travel Expense Report is required for the employee's vendor file, even when a trip does not have an employee advance or reimbursement because all payments were made via direct voucher or credit card. Department heads approving expense reports are responsible for ensuring that: I . All expenses are reasonable, necessary and consistent with these guidelines. 2. Any required receipts are attached. 3. The final disposition is correct (balance due employee; balance due City). 4. Any amounts due to the City are reimbursed. 5. Final accounting of all expenses is submitted to Finance. Upon approval by your department head, the expense report should be processed as follows depending upon the circumstances: If the City Owes You The expense report should be forwarded to Finance along with a voucher request for payment to you; the reimbursement will be processed on the next check register. If You Owe the City The expense report should be forwarded to Finance with the cash register receipt attached evidencing payment of the amount due. Processing Related Vouchers All travel related costs require payments to vendors via vouchers, whether it is direct payments to vendors (such as to the conference provider for registration or hotel for lodging), credit payments or reimbursements to employees. To ensure appropriate documentation for all such payments, copies of the TA or Travel Expense Report must accompany all vouchers as follows: 1. Vouchers Processed Before Travel Occurs. The TA must be attached to all related vouchers. 2. Vouchers Processed After Travel Occurs. The Travel Expense Report must be attached to all related vouchers. Note: When CAO approval is required, documentation of this must also be attached to all related vouchers. 301 -9 Packet Pg. 96 Item 7 Travel and Meeting Guidelines 0 COMPLETING TRAVEL AUTHORIZATIONS AND EXPENSE REPORTS The following charts and tables provide an overview of the City's travel procedures, instructions for completing the TA and Expense Report forms, and completed samples. Approved by the Council on November 14, 2006 (Resolution No. 9850) 301 -10 Packet Pg. 97 Item 7 0 C Travel and Meetinq Guidelines OVERVIEW OF TRAVEL PROCEDURES Traveler . Consult with Department Head on the need for travel. Plan itinerary, transportation & lodging. Complete Travel Authorization (TA); attach vouchers for employee cash advance (if needed) and each direct vendor payment requested. Department Head • Review TA for conformance with City travel STEP 1 guidelines and department priorities. Travel Authorization • Verify that adequate funding exists in the appropriate travel budget to cover all costs. Approve TA, provide a copy to the employee and submit to Finance for payment processing. Finance • Make cash advance and vendor payments. File TA in employee's vendor file. Traveler • Complete and submit expense report section of the TA accounting for all expenses to the Department Head within 10 working days after completion of travel. Attach any required receipts. Sign report attesting to its accuracy. Pay cashier at your location and attach cash register receipt if a balance is due to the City. STEP 2 Department Head • Review expense report for conformance with City Expense Reporting travel guidelines. Verify accuracy of balances and disposition. Approve expense report, make a copy for departmental records and submit to Finance; attach voucher request if funds are due to the employee. Finance • File expense report in employee's vendor file and process any payment due to the employee if requested. 301 -11 Packet Pg. 98 Item 7 Travel and Meeting Guidelines COMPLETING THE TRAVEL AUTHORIZATION OVER The Travel Authorization (TA) form should be prepared whenever the total estimated cost of travel is more than $200 or overnight lodging is required. The TA is a two -sided form: the front side provides for approval of the travel, summarizes the cost and provides documentation for any cash advance to the employee and direct payments to vendors; the reverse side is for reporting actual expenses within 10 days after travel is completed and reconciling. Completing the form itself is largely self- explanatory, and a completed sample is provided for your information. The following highlights key areas of the TA form: Appropriate vouchers, purchase orders or credit card requests should be attached to the TA when it is submitted to Finance for processing. 4. Itinerary. Summarizes when and where the employee will be traveling. 5. Approvals. Provides a signature box for the employee and approval by the Department Head. Out -of -state travel requires the further approval of the CAO. TRAVEL EXPENSE REPORT:. SIDE 2 For reporting actual expenses upon completion of travel and reconciling this amount to any cash advance received, the reverse side of the TA is organized into four major sections: TRAVEL AUTHORIZATION: SIDE 1 1. Actual Expense Detail. Itemizes actual expenses by type for each day of your trip The front side of the TA is organized into five (spaces are provided for dates and expense major sections: categories not pre - listed). 1. General Information. Identifies who is 2. Mileage Detail: Personal Vehicle. going, where the meeting or conference will Summarizes miles and cost if you were be held, how long the employee will be authorized to use a personal vehicle for the gone, how much it will cost, and the account trip. number that should be charged. 2. Purpose. Describes the reason for the trip. 3. Cost and Payment Summary. Outlines the estimated cost of the trip by expense type registration, transportation, lodging, meals; spaces are provided to add categories not pre - listed), vendors to whom payment will be made .(including cash advances to the employee), method of payment (voucher, purchase order, credit card), and amount. A summary is then provided of the payments to be made to the employee, vendors, or by credit card. 301 -12 3. Travel Expense Summary. Totals expenses for the trip and reconciles them with any cash advance received, resulting in either a balance due to the employee or due to the City. 4. Approvals. Provides a signature box for the employee and approval by the Department Head (and CAO if required). Packet Pg. 99 Item 7 C Travel and Meetinq Guidelines city of san Luis osispo N TRAVEL AUTHORIZATION 14 This form should be completed in legible handwriting or in Excel using the Ci i''s standard template Employee Department lPosition James Logan Finance Finance Manager Destination No. of Days I Account No. Amount Fresno 3 1 100.25140.7459 475.00 PURPOSE Attend seminarsponsored by the GFOA on new financial reporting model GASB 34). COST SUMMARY Description Vendor Payment Method Amount Registration GFOA Voucher 195.00 Air Fare 1015 - 5 PM San Luis Obisp 1085 - 8 PM Lodging Holiday Inn Credit card 185.00 Meals Employee Voucher 75.00 Mileage - Personal Vehicle Gasoline - City Vehicle Service Station Credit card 20.00 Rental Car TOTAL 475.00 ITINERARY Departure Daternme Arrival Daternme San Luis Obispo 10/ 3 - 9:00 AM Fresno 10/3 - Noon Fresno 1015 - 5 PM San Luis Obisp 1085 - 8 PM SaratEfspeth 9/ 17/2003 1 jawmlimO 9/18/2003 n9 •>;y Employee I Date Isupervisor Date Jam fc4m 1 9/15/2003 2ufia7fernandez 9/16/2003 Department Head I Date CAO Of Required) Date SaratEfspeth 9/ 17/2003 1 jawmlimO 9/18/2003 Use the reverse side of this form for reporting actual expenses within 10 working days after your return. 301 -13 Packet Pg. 100 Item 7 Travel and Me C J Guidelines city of san Luis osispo TRAVEL EXPENSE REPORT This form should be completed in legible handwriting or in Excel using the City's standard template TRAVEL EXPENSE DETAIL sail? (e Description Date TOTAL10/3 10/4 1015 T 75.00 138 Registration 195.00 138 195.00 Air Fare Standard mileage tables provided in the Ci v's irm -e/ Total Miles - Personal Vehicle guidelines in" be used in lieu of odometer readings Reimbursement Q $0.360 per mite 276 99.36 Lodging 96.25 96.25 192.50 Breakfast 10.00 10.00 20.00 Lunch 15.00 15.00 Dinner 25.00 22.59 47.59 Gasoline Rental Car Parking 10.00 10.00 20.00 Telephone 1.50 2.25 0.75 4.50 Downtown Shuttle 1.00 1.00 2.00 Included in registration Receipts most be attachedfor all lodging expenses and any individual expenses in excess of 825. MILEAGE DETAIL - PERSONAL VEHICLE TOTAL 1 $496.59 De arture/Destination Odometer Readin s Trip MilesStartingMileageEndingMileage San Luis Obispo to Fresno (Per Standard Mileage) Cash Advances to Employee 75.00 138 Fresno to San Luis Obispo 138 Standard mileage tables provided in the Ci v's irm -e/ Total Miles - Personal Vehicle guidelines in" be used in lieu of odometer readings Reimbursement Q $0.360 per mite 276 99.36 By signing this expense report, Ilse employee certifies that the amounts listed were incurred in conformance with the City's travel guidelines and that no part is claimed for reimbursement of a personal nature. TRAVEL EXPENSE SUMMARY Total Travel Expenses 595.95 Voucher /Credit Card Purchases 387.50 Cash Expenses Paid By Employee 208.45 Cash Advances to Employee 75.00 Amount Due Employee (City) 133.45 Emplo eee I Date IDepartment Head Date jam fqjim 10/14/2003 SaradEhpeth 10/15/2003 301 -14 Packet Pg. 101 Item 7 Travel and Meeting Guidelines iillallll'j IIIIIiIII; Clty OfA;I, San WIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 CLAIM FOR EXEMPTION FROM TRANSIENT OCCUPANCY TAX The undersigned claims exemption from paying city transient tax charged for the period from through . The undersigned claims this exemption for who is on official business as an employee of the City of San Luis Obispo. NOTE: Operators of hotels should not accept this application unless the person presenting it shows satisfactory identification. A separate application is required for each occupancy period. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct: Signature ofAuthorizing Official] Sara Elspeth, Date Director of Department The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. 301 -15 Packet Pg. 102 Item 7 7A/ 7- Z lltllt=l (1/1- Z- I 'I'D Packet Pg. 103 Item 7 Page intentionally left blank. Packet Pg. 104 Item 7 Meeting Date: 7/10/2018 FROM: Deanna Cantrell, Police Chief Prepared By: Melissa Ellsworth, Senior Administrative Analyst SUBJECT: FY 2018 CALIFORNIA HIGHWAY PATROL AGREEMENT FOR BACKFILL REIMBURSEMENT RECOMMENDATION Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the Chief of Police or Designee to enter into a contract with the California Highway Patrol” to provide for the reimbursement backfill costs associated with personnel attending the CHP Drug Recognition Evaluator Training course in an amount not to exceed $50,000. DISCUSSION Per Senate Bill 94, the California Highway Patrol may reimburse California law enforcement agencies participating in the CHP Drug Recognition Evaluator (DRE) training and CHP DRE Field Certification for costs incurred. The agreement between CHP and the San Luis Obispo Police Department only includes reimbursement for backfill costs associated with officers taking the training. The Police Department is responsible for enrolling officers into the DRE courses; if an officer does not complete the training no reimbursement shall be requested or paid. All related training for the department will be completed before June 30, 2019. After training is complete, staff will submit an invoice no later than 30 days to CHP as outlined in the agreement. Due to the timing of training, Council approval is requested after training has been completed. If Council chooses not to adopt the resolution, staff will not submit a claim for reimbursement costs related to backfill. CONCURRENCES The Finance Department concurs with this request. ENVIRONMENTAL REVIEW No environmental review necessary for this request as it is not a “project” under CEQA. FISCAL IMPACT Reimbursement received from CHP reimburses costs associated with backfilling for officers attending training. Packet Pg. 105 Item 8 ALTERNATIVE Deny request to enter into a contract with California Highway Patrol. If Council chooses not to adopt the resolution and enter into a contract, the City would pay for overtime related to backfilling for training. Attachments: a - Resolution CHP b - CHP DRE Contract Packet Pg. 106 Item 8 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE OR DESIGNEE TO ENTER INTO A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL WHEREAS, Proposition 64 “The Adult Use of Marijuana Act” tasked the California Highway Patrol with the responsibility of establishing Drug Recognition Experts in allied agencies; and WHEREAS, allied agencies will be allowed to send officers to Drug Recognition Experts school at no cost, and the California Highway Patrol will reimburse the City up to $50,000 in overtime only for backfill costs for the officers who are sent to the school; and WHEREAS, in order to qualify for funding, the Chief of Police, or designee, must be authorized to enter into an agreement with the California Highway Patrol. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby authorizes the Chief of Police, or designee, to enter into an agreement with the California Highway Patrol to qualify for funding to send officers to Drug Recognition Experts school. 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: ____________________________________ Teresa Purrington City Clerk Packet Pg. 107 Item 8 Resolution No. ______ (2018 Series) Page 2 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 ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 108 Item 8 Packet Pg. 109 Item 8 Packet Pg. 110 Item 8 Packet Pg. 111 Item 8 Packet Pg. 112 Item 8 Packet Pg. 113 Item 8 Packet Pg. 114 Item 8 Packet Pg. 115 Item 8 Packet Pg. 116 Item 8 Meeting Date: 7/10/2018 FROM: Derek Johnson, City Manager Prepared By: Robert A. Hill, Interim Deputy Director, Office of Sustainability SUBJECT: OCTAGON BARN CENTER GRANT AGREEMENT AMENDMENT NO. 1 RECOMMENDATION Authorize Grant Agreement Amendment No. 1 (Attachment A) between The Land Conservancy of San Luis Obispo County (LCSLO) and the City of San Luis Obispo allowing an additional two-year term for the Octagon Barn Center project. DISCUSSION Background City Council received a formal request for funding in the amount of $206,000 towards implementation of The Land Conservancy of San Luis Obispo County’s Octagon Barn Center (“OBC”) project in Spring 2015. At its regularly scheduled meeting on June 23, 2015, the City Council adopted the 2015-17 Financial Plan, including a Capital Improvement Plan project to support the requested funding for the OBC. The Octagon Barn, listed in the National Register of Historic Places, will serve a broad spectrum of citizens interested in historic preservation, agricultural education, op en space protection and restoration, and passive recreational trail use, while also serving as a vital community gathering place. The OBC will be a trailhead location for the Bob Jones City-to-Sea Trail, while also hosting community and special events. The City’s funds are to be used for two key components of the project: the “Barn Commons Open Space & Utility Shed” that includes landscaping, amphitheater, seating, shelter, restroom facilities building, trash/recycling, and display panels; and, the “Multi-Modal Trail Start Amenities & Calf Barn” that includes trailhead designation, bike racks, water station, picnic area, seating, restroom structure, informational kiosk, and trash/recycling. Current Status The City and LCSLO entered into a Grant Agreement on March 31, 2016 that specified a two- year term (Attachment B). At this time, funds have been expended for architectural design and engineering, as provided for in the Grant Agreement; however, construction implementation has been delayed due to circumstances beyond LCSLO’s control associated with permitting and funding from the County of San Luis Obispo, as discussed in LCSLO ’s letter of May 21, 2018 articulating the justification for an additional two -year term (Attachment C). Significant progress has occurred over the course of the past two years with parking lot grading and surfacing, as well as with the Milking Parlor restoration and the adaptive re -use project (Attachment D). On June 11, 2018, the County of San Luis Obispo’s Board of Supervisors approved additional funds that, together with the City’s funds and other donors’ funds, should be sufficient to complete the project. Packet Pg. 117 Item 9 The Grant Agreement Amendment No. 1 provides for a term extension to March 31, 2020, as provided for under Paragraph 8, Amendments, in the original Grant Agreement. All other terms and conditions of the Grant Agreement shall remain unchanged. CONCURRENCES The City’s Transportation Manager and Sustainability Manager concur with the recommendation. ENVIRONMENTAL REVIEW The County of San Luis Obispo is the lead agency for the Bob Jones City-to-Sea Bike Trail project. The Board of Supervisors certified the Final Environmental Impact Report (FEIR) for the project on February 24, 2015. The FEIR included the development of the OBC as a staging area and trailhead in its project description. FISCAL IMPACT The project associated with this funding accommodation remains active and has a current balance available of $184,753.65 (Spec. 91394). Modest staff time to oversee t he Grant Agreement and attend to this community partnership relationship remains available in the City’s Office of Sustainability. This project is funded by the Local Revenue Measure. ALTERNATIVES 1. The City Council may request additional information from staff or LCSLO. 2. The City Council may request changes or edits to the proposed Grant Agreement Amendment No. 1. 3. The City Council could elect not to approve the proposed Grant Agreement Amendment No. 1. This would result in stranded costs that were already expended for design and engineering and would delay delivery of the anticipated facilities indefinitely. Attachments: A. Amendment to Grant Agreement No. 1 B. LCSLO OBC Grant Agreement - SIGNED C. LCSLO OBC Justification for Extension Letter 5-21-18 D. LCSLO OBC Progress Photos Packet Pg. 118 Item 9 AMENDMENT TO GRANT AGREEMENT NO. 1 THIS AMENDMENT TO GRANT AGREEMENT is made and entered in the City of San Luis Obispo on _____, 2018 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, herein after referred to as City, and The Land Conservancy of San Luis Obispo County, hereinafter referred to as LCSLO. WITNESSETH: WHEREAS, on March 31, 2016 the City entered into a Grant Agreement (the “Agreement”) with LCSLO in order to provide financial support towards construction of add itional facilities and amenities at the Octagon Barn Center; and WHEREAS, the City desires to amend the Agreement to include an additional two-year performance term, as provided for under Paragraph 8, Amendments, of the Agreement . NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. The term of the Agreement shall be extended from March 31, 2018 to 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. ATTEST: CITY OF SAN LUIS OBISPO: ________________________________ By: ____________________________________ City Clerk City Manager APPROVED AS TO FORM: THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY: ________________________________ By: ____________________________________ City Attorney Executive Director Packet Pg. 119 Item 9 Packet Pg. 120 Item 9 Packet Pg. 121 Item 9 Packet Pg. 122 Item 9 Packet Pg. 123 Item 9 Packet Pg. 124 Item 9 Packet Pg. 125 Item 9 Packet Pg. 126 Item 9 Packet Pg. 127 Item 9 Packet Pg. 128 Item 9 Packet Pg. 129 Item 9 Packet Pg. 130 Item 9 Packet Pg. 131 Item 9 Packet Pg. 132 Item 9 Packet Pg. 133 Item 9 Packet Pg. 134 Item 9 Packet Pg. 135 Item 9 Packet Pg. 136Item 9 Meeting Date: 7/10/2018 FROM: Michael Codron, Community Development Director Prepared By: Cara Vereschagin, Assistant Planner SUBJECT: ALLOCATION OF AFFORDABLE HOUSING FUNDS FOR THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND RECOMMENDATION Adopt a resolution to allocate $80,000 of Affordable Housing Funds to support the ongoing operating expenses of the San Luis Obispo County Housing Trust Fund. DISCUSSION City Council identified Housing as a Major City Goal (MCG) in the 2017-19 Financial Plan. One of the action items identified in the Housing MCG work plan was the continued use of the City’s Affordable Housing Fund (AHF) to support the Housing Trust Fund’s (HTF) operating expenses. The San Luis Obispo County Housing Trust Fund (HTF) is a Community Development Financial Institution (CDFI) that provides financing, technical assistance, and advocacy to increase the supply of affordable housing in the City. The HTF provides funding for affordable housing projects, including property acquisition, construction, and refinancing. HTF staff also serve as a resource to City staff working with developers on affordable housing projects. The HTF’s Executive Director, Jerry Rioux, maintains a high profile in the community as an advocate for affordable housing projects, and serves on the Workforce Housing Coalition Board. The 2017-19 Financial Plan included a specific budget line item support the HTF in the amount of $60,000 ($30,000 for each fiscal year) (Attachment A). Typically, these monies are reserved until a formal release of fund s is requested by the HTF. On April 18, 2018, the HTF submitted its request, which included a requested for consideration of an additional allocation of $20,000 of AHF monies ($10,000 for each fiscal year) to cover operating expenses associated with recent increases to lending and affordable housing management portfolio activities. Therefore, staff is requesting City Council consideration of the HTF’s requested additional allocation of AHF for ongoing operating expenses. ADDITIONAL FUNDING REQUEST Overview of Request The requested increase of the City’s annual support in the amount of $20,000 will annually provide an additional $10,000 to HTF for operating costs and expenses for fiscal years 2017-18 and 2018-19 (Attachment B). HTF incurred its largest cost increase in 2017 upon the hiring of a third staff person as the lending activities and loan portfolio of the HTF grew beyond the capacity of two people. Packet Pg. 137 Item 10 Award Criteria In making its recommendations to City Council for how AHFs should be allocated, staf f considers Council adopted criteria including: eligibility, need, suitability, timing, financial effectiveness, and readiness (Attachment C). The following is an analysis of the request relative to the criteria. Eligibility. Use of the AHF for the requested purpose will increase or improve the City’s affordable housing inventory and promote General Plan policies regarding housing, as follows: The Housing Trust Fund is eligible for Affordable Housing Funds because it increases the City’s affordable housing inventory and implements several General Plan policies regarding housing. The HTF provides loans to affordable housing developers to increase the supply of below-market housing. Need. There exists a substantial or overarching need for the type of unit to be assisted, as follows: The City of San Luis Obispo has a substantial need for affordable housing to meet goals stated in the City’s General Plan Housing Element. The HTF supports affordable housing for those who earn nothing, up to 160% of the area median income (AMI). The HTF lending focuses on the lower end of this income range, with the 92.5% of 832 units financed to date for households earning up to 80% of AMI . Suitability. The project to be assisted is appropriate for its location both in terms of land use and design, as follows: Since the first loan closed in 2005, the HTF has provided approximately $19.3 million to finance 37 projects throughout San Luis Obispo County. Ten of these loans were located in the City of San Luis Obispo , which received about $3.8 million of their financing. The HTF only provides loans to projects that have received all City planning entitlements. Timing. The project would better serve the City’s needs if it were built immediately as opposed to later, as follows: Affordable housing is greatly needed within the City of San Luis Obispo . The grant of these additional AHF funds will allow for the HTF to frequently issue more loans to affordable housing developers for projects within the City. Financial Effectiveness. But for the requested assistance, the project would not be economically feasible; or AHF funding “leverages” significant additional funding from other sources, as follows: This is a highly effective use of the City's Affordable Housing Funds, as the HTF has been extremely successful in bringing government grants into the community. Between 2009 and 2014, the HTF secured $3.3 million in grants from the CDFI Fund of the US Treasury. The also received nearly $2.1 million from the California Local Housing Trus t Fund Matching Grant Program (LHTF) between 2010 and 2017, and secured state tax credits for $2.5 million in bank investors. These grants and tax credits allow the HTF to offer better rates and terms affordable housing developers. Readiness. The project has all necessary City approvals and is ready to proceed, as follows: The City has concurrently allocated funding for operating costs for the HTF since 2005 and has been one of the strongest and most consistent funders and supporters. This aw ard will allow for future available funding for affordable housing projects. Packet Pg. 138 Item 10 ENVIRONMENTAL REVIEW Authorization of the requested Affordable Housing Fund s for this purpose is exempt from further environmental review in pursuant to CEQA Guidelines Section 15061(b)(3) General Rule Exemption. FISCAL IMPACT The recommended allocations would be in the form of a check paid out of the AHF, which consist of in-lieu fees collected under the City’s Inclusionary Housing Ordinance. AHF monies may only be used for projects and purposes that create or support affordable housing within the City. There is no impact to the City’s General Fund. Status of the Affordable Housing Fund Provided below, Table 1 illustrates the current AHF balance including previous commitments of monies that have yet to be released, and the HTF’s requested allocation. A current status report on the AHF is included (Attachment D), which indicates that if the proposed allocations are approved by the City Council, the fund will retain $1,167,245 to allocate towards future affordable housing projects. The attached resolution (Attachment E) authorizes a total Affordable Housing Fund allocation of $80,000 to the HTF for the 2017-19 Financial Plan (Attachment F). Table 1: Status of Affordable Housing Fund, May 29, 2018 Commitments and Allocation Request AHF Available Balance $1,946,452 Previous Commitments General Fund Transfer $52,000 Remaining BEGIN Down Payment Assistance Loans $17,207 Courtyard at the Meadows $630,000 Proposed Allocations County Housing Trust Fund – Housing MCG Authorization $60,000 County Housing Trust Fund – Additional Request $20,000 Total $779,207 Net Available for New Programs if all Current Requests are Approved $1,167,245 ALTERNATIVES 1. Do not authorize AHF awards to the HTF. This action is not recommended because the request is consistent with the Housing Element of the General Plan and was specifically identified as an action item for implementation of the Housing MCG . Denial of this request would also affect the HTF’s ability to provide future loans for the development of affordable housing projects within the City. 2. Approve an AHF award for a different amount. The City Council can approve an award for a different amount other than the recommendation. This is not recommended as the amount of the request has been carefully considered to address the need for successful, ongoing operations. Packet Pg. 139 Item 10 3. Continue the consideration of the proposed award. The City Council can direct staff to return with additional information regarding the fund ing request so that a financial decision on the award amount can be made. This action is not recommended because the delay of funding would impact the ongoing operations of the HTF. Attachments: a - 2017-2019 Housing Major City Goal Line Item for HTF b - HTF Funding Request c - Council Resolution No. 9263 d - AHF Status Report e - Draft Resolution f - HTF Agreement 2017-19 Packet Pg. 140 Item 10 MAJOR CITY GOALS HOUSING EXISITNG ONGOING PROGRAMS/PROJECTS PREVIOUSLY ADOPTED AND FUNDED Function Program Task Operating Capital Improvement Plan 2017‐18 2018‐19 2017‐18 2018‐19 $ FTE $ FTE $ $ Community & Neighborhood Livability Housing Assistance Housing Programs Manager Administration Support Grants in Aid SLO HTF Support $ 114,399 $ 8,969 $ 1,385 $ 30,000 $ 1 $ 0.1 $ 118,746 $ 9,313 $ 1,399 $ 30,000 $ 1 $ 0.1 40 Prado $ 7,000 $ 7,000 Total $ 161,753 $ 1.1 $ 166,458 $ 1.1 $ ‐ $ ‐ REALLOCATION OF RESOUCES (NET ZERO FISCAL IMPACT) Function Program Task Operating Capital Improvement Plan 2017‐18 2018‐19 2017‐18 2018‐19 $ FTE $ FTE $ $ $ ‐ Total $ ‐ $ ‐ $ ‐ $ ‐ NEW PROGRAMS/PROJECTS* Function Program Task Operating Capital Improvement Plan 2017‐18 2018‐19 2017‐18 2018‐19 $ FTE $ FTE $ $ Community & Neighborhood Livability Housing Assistance $ 63,410 $ 1 $ 66,415 $ 1 Total $ 63,410 $ 66,415 $ ‐ $ ‐ *New Program/Project cost offset with Over realized Development Services Revenue ‐ Requested in Development Services Staffing SOPC. *See Development Services Staffing SOPC for revenue offset for position and discussion regarding potential funding for 2nd year to be reviewed at 18-19 Supplement. Packet Pg. 141 Item 10 71 Zaca Lane, Suite 130, San Luis Obispo, CA 93401 (805) 543-5970 www.slochtf.org April 16, 2018 Delivered via email to cveresch@slocity.org Cara Vereschagin Acting Housing Programs Manager City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 RE: Requests for $80,000 in AHF grants Dear Ms. Vereschagin: I want to once again thank the City of San Luis Obispo for supporting the San Luis Obispo County Housing Trust Fund (HTF). Over the years, the City has been one of our strongest and most consistent funders and supporters. In addition to providing financial support, your staff has participated on our loan and policy committees since their formation. Beginning in 2004, the City has provided $30,000 per year in general operating support to the HTF. Your funds have paid for a portion of our staffing and operating costs. They have also helped us to establish and maintain prudent operating and loan loss reserves.1 Our latest award from the City was made in October 2015. At that time, the Council awarded us $60,000 from your Affordable Housing Fund – $30,000 for FY16 and $30,000 for FY17. A. Funding Request I am writing now to request $80,000 from your Affordable Housing Fund. This request is for another two years of general operating support. It will provide $40,000 each year for FY18 and FY19. We request an increase in your annual support because our operating costs have increased significantly since 2004. We incurred our largest cost increase in 2017 when we hired our third staff person. Our lending activities and loan portfolio had grown too much for two of us to handle. Much like the City, our finances are divided into funds. We have our general or operating fund, the two reserve funds noted above and various loan funds. Most of our revenues are restricted to our loan funds and cannot be used for our operating costs. The requested $40,000 represents less than 8.4% of our calendar year 2018 budget.2 The requested funds will enable us to continue 1 Our operation reserve is currently $250,000 or a little over six months of our operating budget. Our loan loss reserve is $425,000 or about 5% of our total loans receivable. 2 The County has already contributed $40,161 from its general fund to our operating budget this year. We will request an increase for next year. Packet Pg. 142 Item 10 Cara Vereschagin April 16, 2018 Page 2 of 5 providing financing and technical assistance for affordable housing projects in the City of San Luis Obispo. As noted above, we operate on a calendar year, rather than a fiscal year. Our adopted operating budget for 2018 is $475,000 (copy attached). Our largest budget category is Salaries and Wages at $230,000. Our second largest category is Payroll Taxes and Employee Benefits at $71,000. Together they account for 63.4% of our budget. Professional services (primarily bookkeeping and our audit) and interest on our loan funds are our next largest expense categories. Our budget and expenses increased significantly in 2017 because we planned to hire our third staff person during that year. Our operating expenses are covered from two general revenue sources – earned income and grants. We have budgeted that 79.4% of our revenue will come from our interest and fee earn- ings. The balance is budgeted from grants. Grants from the City of San Luis Obispo, San Luis Obispo County and other local cities are budgeted to provide 16.4% of our revenues. Banks are budgeted for the balance. B. Background and History The HTF was created in 2003 to increase the supply of affordable housing throughout San Luis Obispo. Our primary activities are providing financing and technical assistance for affordable housing projects. While we focus on housing for lower income households,3 we support housing that serves the lower end of the market.4 We also work to bring housing resources into our com- munity through advocacy and grantsmanship. For example, we recently secured a $110,000 grant to help people who are homeless rent permanent housing. This grant is being administered by HASLO and the Supportive Housing Consortium. Our loans for affordable housing projects are funded from our revolving loan funds. Our first loan fund was established in 2004 with a $1 million long-term revolving line of credit from a local bank. Our loan funds grew quickly with other investments and small contributions. Inter- estingly, we did not receive a government grant for our loan funds until late 2009. However, by the end of 2012 over half of our loan funds were from state and federal grants and commitments. We provided our first loan in 2005. Because our initial loan funds were largely short-term investments, we could only offer short-term or gap financing. Our maximum loan was generally five years, because most of our investments were for five years. In 2012, we had enough grants in our loan funds to offer longer-term loans (15 years or longer). At that time, we adopted an innovative long-term loan product to help local housing projects secure tax credits. This tax credit project loan product is very popular and it is regularly running out of funds. 3 We primarily serve individuals and households who earn less than 80% of the area median income (AMI). 4 We can serve individuals and households who earn up to 160% of AMI. Packet Pg. 143 Item 10 Cara Vereschagin April 16, 2018 Page 3 of 5 C. Current Loan Funds Our loan funds currently total over $12.5 million including commitments and our long-term line of credit. These funds include both equity (grants) and debt (loans/investments). As the follow- ing table shows, our loan funds are split roughly evenly between equity (including commitments) and debt (including commitments). Equity gives us far more flexibility as a lender. Loan Fund Investments and Line of Credit Loan Fund Grants and Commitments Bank Investments5 $2,500,000 US Treasury, CDFI FA $3,300,000 Bank Line of Credit6 1,000,000 US Treasury, CMF 7 1,000,000 Dignity Health8 1,000,000 California LHTF Program 2,075,000 USDA9 500,000 Calif. Assn. of Realtors 125,000 Foundations & Religious Groups10 986,612 Smaller Contributions 144,251 Total Invested Capital $5,986,612 Total Contributed Capital $6,644,251 The HTF has been extremely successful in bringing government grants into our community. Between 2009 and 2014, we secured $3.3 million in grants from the CDFI Fund of the US Treas- ury. We also received nearly $2.1 million from the California Local Housing Trust Fund Matching Grant Program (LHTF) between 2010 and 2017. These grants enabled us to offer our tax credit project loan product. We also secured state tax credits for $2.5 million in bank inves- tors. These credits resulted these funds being interest free for five years. These tax credits allow us to offer better rates and terms to our borrowers. In March, we were awarded $1 million from the US Treasury's Capital Magnet Fund (CMF). We were elated to receive this CMF grant because only 40 were awarded in the whole nation. These funds will allow us to make more loans for tax credit project loans. D. Lending Activity Since our first loan closed in 2005, the HTF has provided $19.3 million to finance 37 projects throughout San Luis Obispo County. Ten of these loans (27.0%) were for projects located in the City of San Luis Obispo. These loans received nearly $3.8 million (19.6%) of our financing. Since we last requested City funds in 2015, we closed loans for the following three projects in San Luis Obispo. 5 We received state tax credits for all of these bank investments, so their effective interest rate to us is 0%. 6 No funds are currently drawn on our line of credit. 7 Approved, but not closed. 8 Dignity Health owns three local hospitals. 9 Approved, but not closed. Closing scheduled for May 1, 2018. Funds will be drawn as we fund eligible loans. 10 $350,000 of this amount is a commitment from the Community Foundation. It is approved, but not closed. Packet Pg. 144 Item 10 Cara Vereschagin April 16, 2018 Page 4 of 5 Project Description Loan Amount 860 on the Wye 20-unit tax credit rental project that targets homeless veterans $200,000 Iron Works 46-unit tax credit rental project for low-income families and individuals $460,000 Bishop Street Studios 34-unit tax credit rental project that targets persons with psychological disabilities $340,000 We also committed a $600,000 construction and bridge loan for the 40 Prado homeless service center and shelter. This loan is ready to close at any time. In addition, we expect to provide financing later this year for the Courtyard at Serra Meadows. The Courtyard is a 36-unit tax credit rental project. These two pending loans will increase our financing in the City to over $4.7 million and perhaps 23.4% of our lending.11 E. Population Served Due to the high cost of housing and the relatively low income levels in San Luis Obispo County, the HTF supports affordable housing for those who earn from nothing, up to 160% of the area median income (AMI). The IRS accepted this broad charitable class because households with incomes at this level are unable to afford decent housing in many areas of our county. While our charitable class is broad, our lending focuses on the lower end of this income range. As the following table shows, 92.5% of the 832 units12 that we have financed to date are for indi- viduals and households who earn up to 80% of AMI. In addition, 14.3% of the units are for households with special needs.13 Income Distribution of Assisted Units Income Level Percent of AMI Number of Units Percent of Total Cumulative Percent Extremely Low14 Up to 30% 96 11.5% 11.5% Very Low 30% to 50% 280 33.7% 45.2% Low 50% to 80% 394 47.4% 92.5% Moderate & Workforce 80% to 160% 62 7.5% 100.0% Totals 832 100.0% 11 At the present time, we have not committed any other loans that will close before 40 Prado and the Courtyard. 12 This number includes units which have not yet been built and excludes manager’s units. In addition, some “units” may actually be rooms or beds in special needs projects. 13 Our definition of special needs is on our website at www.slochtf.org/files/special-needs.pdf. 14 For a number of our projects, we only know how many of the resident are, or must be, below 80% of AMI and not whether they may also be below 50% or 30% of AMI. For this reason the percentages of extremely low and very low income households served are probably higher. Packet Pg. 145 Item 10 Cara Vereschagin April 16, 2018 Page 5 of 5 F. Included Documents Various documents are enclosed with this request, including our board and commission (loan committee) rosters, 2018 budget, December 31, 2017 and March 31, 2018 financial statements, and 2017 preliminary annual report. Our 2016 audit was provided to the City previously and is available online at www.slochtf.org/files/audit-2016.pdf. Other information is available online at www.slochtf.org/about-us.htm or upon request. I look forward to continue working with you and the City of San Luis Obispo in the future. Sincerely, Gerald L. Rioux Executive Director Enclosures X:\Funding\Government\ SLO\SLO City\SLO 2018 request.doc Packet Pg. 146 Item 10 Packet Pg. 147 Item 10 Packet Pg. 148 Item 10 Packet Pg. 149 Item 10 City of San Luis Obispo Fiscal Status of Affordable Housing Fund May 29, 2018 - Point in Time Status Revenues, Expenditures and Changes in Fund Balance Expenditures Fiscal Year In-Lieu Fees Interest Rents BEGIN funds reimbursem ent BEGIN reuse funds* BEGIN City matching funds*Total Beginning Ending 2000-01 193,700 8,200 201,900 201,900 2001-02 464,900 20,000 484,900 201,900 686,800 2002-03 747,800 28,300 776,100 (215,000) 686,800 1,247,900 2003-04 60,500 8,500 69,000 (30,000) 1,247,900 1,286,900 2004-05 323,300 32,500 355,800 (30,000) 1,286,900 1,612,700 2005-06 1,863,700 68,500 1,932,200 1,612,700 3,544,900 2006-07 627,200 160,500 787,700 (530,000) 3,544,900 3,802,600 2007-08 682,400 155,600 838,000 (630,000) 3,802,600 4,010,600 2008-09 465,700 199,700 1,400 666,800 (892,500) 4,010,600 3,784,900 2009-10 (21,300) 32,600 9,000 270,000 290,300 (3,407,600) 3,784,900 667,600 2010-11 332,800 16,000 3,900 30,000 382,700 (39,800) 667,600 1,010,500 2011-12 848,800 21,900 870,700 (112,700) 1,010,500 1,768,500 2012-13 182,700 700 183,400 (30,000) 1,768,500 1,921,900 2013-14 777,300 12,700 100,955 117,857 1,008,812 (47,000) 1,921,900 2,883,712 2014-15 159,602 9,193 86,430 93,121 348,346 (697,000) 2,883,712 2,535,058 2015-16 625,506 34,414 659,920 (636,978) 2,535,058 2,558,000 2016-17 1,130,587 15,079 359,081 1,504,747 (1,490,919) 2,558,000 2,571,828 2017-18 210,869 12,194 1560 224,623 (850,000) 2,571,828 1,946,452 Cumulative Total 9,676,064 836,580 373,381 301,560 187,385 210,978 11,585,948 (9,639,497) 1,946,452 Commitments Not Yet Funded Commitment to the General Fund Transfer (52,000) Commitment for Iron Works Affordable Housing paid Commitment to remaining BEGIN Downpayment Assistance Loans (17,207) Commitment to Bishop Street Studios paid Commitment to Courtyard at the Meadows (630,000) Allocated Request to SLO County Housing Trust Fund (HTF)(60,000) Pending Request to SLO County Housing Trust Fund (HTF)(20,000) Total Available for New Progams as of May 29, 2018 1,167,245 Revenues Fund Balance Packet Pg. 150 Item 10 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ALLOCATING AFFORDABLE HOUSING FUNDS TO SUPPORT THE ONGOING OPERATING EXPENSES OF THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND IN THE AMOUNT OF $80,000. WHEREAS, on July 1, 2017, the San Luis Obispo City Council allocated $30,000.00 in Affordable Housing Fund (hereinafter referred to as “AHF”) monies to the San Luis Obis po County Housing Trust Fund (hereinafter referred to as “HTF”) for operating expenses for fiscal year 2017-18, and $30,000.00 in AHF monies to HTF for fiscal year 2018-19; and WHEREAS, on April 16, 2018, the HTF requested an additional $20,000.00 in AHF monies to be dispersed by $10,000.00 for HTF operating expenses for fiscal year 2017 -18, and $10,000.00 for HTF operating expenses for fiscal year 2018 -19; and WHEREAS, this additional $20,000 will allow the HTF to improve the ability and feasibility of the entitlement and construction of affordable housing projects in the City; and WHEREAS, the City Council of the City of San Luis Obispo met in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July 10, 2018, for the purpose of considering a request for Affordable Housing Fund (AHF) assistance ; and WHEREAS, the proposed project by the San Luis Obispo County Affordable Housing Trust Fund (HTF) meet eligibility criteria established by the City Council; and WHEREAS, Housing Element Program 6.16 provides direction for the City to “continue to provide resources that support the SLO County Housing Trust Fund’s efforts to provide below - market financing and technical assistance to affordable housing developers as a way to increase affordable housing production in the City of San Luis Obispo”; a nd WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff presented at said meeting. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is excempt from environmental review per Section 15061(b)(3) General Rule of the CEQA Guidelines. The project is an action to award funding. SECTION 2. Findings. The City Council does hereby make the following findings in support of the proposed AHF award: Packet Pg. 151 Item 10 Resolution No. _____ (2018 Series) Page 2 R ______ a) Eligibility: Use of the AHF for the requested purpose will increase or improve the City’s affordable housing inventory and promote General Plan policies regard ing housing, as follows: i) The Housing Trust Fund is eligible for Affordable Housing Funds because it increases the City’s affordable housing inventory and implements several General Plan policies regarding housing. The HTF provides loans to affordable housing developers to increase the supply of below -market housing. b) Need: There exists a substantial or overarching need for the type of unit to be assisted, as follows: i) The City of San Luis Obispo has a substantial need for affordable housing to meet goals stated in the City’s General Plan Housing Element. The HTF supports affordable housing for those who earn nothing, up to 160% of the area median income (AMI). The HTF lending focuses on the lower end of this income range, with the 92.5% of 832 units financed to date for households earning up to 80% of AMI. c) Suitability: The project to be assisted is appropriate for its location both in terms of land use and design, as follows: i) Since the first loan closed in 2005, the HTF has provided approximately $19.3 million to finance 37 projects throughout San Luis Obispo County. Ten of these loans were located in the City of San Luis Obispo, which received about $3.8 million of their financing. The HTF only provides loans to projects that have received all City planning entitlements. d) Timing: The project would better serve the City’s needs if it were built immediately as opposed to later, as follows: i) Affordable housing is greatly needed within the City of San Luis Obispo. The grant of these additional AHF funds will allow for the HTF to frequently issue more loans to affordable housing developers for projects within the City. e) Financial Effectiveness: But for the requested funding, the project would not be economically feasible; or AHF funding “leverages” significant additional funding from other sources, as follows: i) This is a highly effective use of the City's Affordable Housing Funds, as the HTF has been extremely successful in bringing government grants into the community. Between 2009 and 2014, the HTF secured $3.3 million in grants from the CDFI Fund of the US Treasury. The also received nearly $2.1 million from the California Local Housing Trust Fund Matching Grant Program (LHTF) between 2010 and 2017, and secured state tax credits for $2.5 million in bank investors. These grants and tax credits allow the HTF to offer better rates and terms affordable housing developers. f) Readiness: The project has all necessary City approvals and is ready to proceed, as follows: Packet Pg. 152 Item 10 Resolution No. _____ (2018 Series) Page 3 R ______ i) The City has concurrently allocated funding for operating costs for the HTF since 2005, and has been one of the strongest and most consistent funders and supporters. This award will allow for future available funding for affordable housing projects. SECTION 3. Affordable Housing Fund Award, San Luis Obispo County Housing Trust Fund. The City Council does hereby approve an Affordable Housing Fund grant award to San Luis Obispo County Housing Trust Fund in the additional amount not to exceed $80,000 to support ongoing operating expenses per the 2017-19 Financial Plan. 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: ____________________________________ Teresa Purrington 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 ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 153 Item 10 AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO COUNTY HOUSING TRUST FUND FOR THE USE OF AFFORDABLE HOUSING FUND MONIES FOR OPERATING EXPENSES PER THE 2017-19 FINANCIAL PLAN THIS CONTRACT is made and entered into this ___ day of ____________, 2018, by and between the SAN LUIS OBISPO COUNTY HOUSING TRUST FUND (hereinafter referred to as “Contractor”), and the City of San Luis Obispo, a charter city of the State of California (hereinafter referred to as "City"). WITNESSETH: WHEREAS, on July 1, 2017, the San Luis Obispo City Council allocated $30,000.00 in Affordable Housing Fund (hereinafter referred to as “AHF”) monies to Contractor for operating expenses for fiscal year 2017-18, and $30,000.00 in AHF monies to Contractor for fisca l year 2018-19; and WHEREAS, on July 10, 2018, the San Luis Obispo City Council allocated a total of $80,000.00 in AHF monies to Contractor for ongoing operating expenses per the 2017-19 Financial Plan; and WHEREAS, Contractor improves the ability and feasibility of housing construction, indirectly supports creation of affordable housing units by providing financing and technical assistance to City staff and developers of affordable housing in the City, and advocates for affordable housing projects cons istent with City policy, and NOW, THEREFORE in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: 1. Scope of Activities. Contractor shall use the grant for operating expenses related to providing financing, technical assistance, and advocacy to increase the supply of affordable housing in the City (“Project”). 2. Grant Payment. Subject to the terms and conditions of this agreement, City shall reimburse Contractor for eligible expenses up to $80,000.00 for operating expenses. Said monies Packet Pg. 154 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 2 are in the form of a grant, and need not be repaid if used as described herein. In no instance shall the City be liable for any project costs in excess of $80,000.00, or for any unauthorized or ineligible costs. Contractor shall not obligate or expend any part of the $80,000.00 for purposes or activities other than those described herein. Contractor shall request reimbursement using a form approved by the City, indicating the amounts of AHF monies being requested. Reimbursement shall be in accordance with the following procedure: (a) Contractor shall submit certification of operating expenses along with reimbursement requests. (b) Reimbursements will be issued to Contractor within 30 days of the request being approved by the City. (c) If the project is not successfully completed and accepted by City, the City may request that all or a portion of grant funds be returned to the City Finance Director. 3. Term of Agreement. The term of this agreement Contract shall commence on the date first above written and shall terminate June 30, 2019, unless said work is completed prior to that date or unless sooner terminated as hereinafter provided. 4. Relationship to Grant Agreement. Contractor acknowledges and agrees that this agreement is subject to the obligations and limitations imposed on the C ity by the Grant Agreement and all future amendments to the Grant Agreement and is intended to be in conformance and harmony with it. Contractor hereby expressly agrees to the provisions of the Grant Agreement and further expressly agrees that nothing in this Contract shall be deemed to require the City to perform an obligation in conflict with the Grant Agreement. Contractor further agrees that the C ity's right to enter into amendments to the Grant Agreement is not, and shall not be restricted or impaired, in any way, by this agreement. 5. Termination of Agreement for Cause. If City determines that Contractor has incurred obligations or made expenditures for purposes which are not pe rmitted or are prohibited under the terms and provisions of this agreement, or if City determines that Contractor has failed to fulfill its obligations under this agreement in a timely and professional manner, or if Contractor is in violation of any of the terms or provisions of this agreement, or if Contractor should be adjudged to be bankrupt, or if Contractor makes a general assignment for the benefit of Contractor creditors, or if a receiver should be appointed in the event of Contractor insolvency, then City shall have the right to terminate this agreement effective immediately upon giving written notice thereof to Contractor. Termination shall have no effect upon the rights and Packet Pg. 155 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 3 obligations of the parties arising out of any transaction occurring prior to effective date of such termination. Subject to the availability of AHF monies, Contractor shall be paid for all work satisfactorily completed under the terms and this agreement prior to the effective date of such termination. If C ity's termination of Contractor for cause is defective for any reason, including but not limited to Cit y's reliance on erroneous facts concerning Contractor’s performance, or any defect in the notice thereof, C ity's maximum liability shall not exceed the amount payable to Contractor under paragraph two (2) of this agreement. 6. Employment Status. Contractor shall, during the entire term of this agreement, be construed as an independent Contractor, and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship. Neither Contractor nor any of Contractor agents, employees or Contractors are or shall be considered to be agents or employees of the C ity in connection with the performance of Contractor obligations under this agreement . Nothing in this agreement authorizes, or permits, the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject of this Contract; provided always, however, that the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. 7. Records (a) All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, shall be retained by Contractor for a period of not less than five (5) years from the date of termination of this Contract. (b) If so directed by the City, upon termination of this Contract, Contractor shall cause all records, accounts, documentation and all other materials relevant to the Project to be delivered to the City as depository. (c) Contractor understands that Contractor shall be the subject to examination and monitoring by the City for a period of five (5) years aft er the final payment under this Contract. 8. Audit (a) All records, accounts, documentation and other materials deemed to be relevant to the Project by the C ity shall be accessible at any time to the authorized representatives of the City on reasonable prior notice, for the purpose of examination or audit. (b) An expenditure which is not authorized by this Contract or which cannot be adequately documented shall be disallowed and must be reimbursed to the C ity or its designee by Packet Pg. 156 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 4 Contractor. Expenditures for work not described in paragraph one (1) of this Agreement shall be deemed authorized if the performance of such work is approved in writing by the C ity prior to the commencement of such work. (c) Absent fraud or mistake on the part of the C ity, the determination by the Cit y of allowability of any expenditures shall be final. 9. Indemnification. Contractor shall defend, indemnify and hold harmless the C ity, its officers and employees from all claims, demands, damages, costs, expenses, judgments, attorne y fees, liabilities or other losses that may be asserted by any person or entity, including Contractor, and that arise out of or are made in connection with the negligent acts or omissions, or willful misconduct, of Contractor in the performance of any dut y, obligation, or work hereunder. The obligation to indemnify shall be effective and shall extend to all such claims and losses, in their entirety, even when such claims or losses are brought by the comparative negligence of the C ity, its officers and employees. However, this indemnity will not extend to any claims or losses arising out of the sole negligence or willful misconduct of the C ity, its officers and employees. The preceding paragraph applies to any theory of recovery relating to said act or omis sion, including, but not limited to the following: 1. Violation of statute, ordinance, or regulation. 2. Professional malpractice. 3. Willful, intentional or other wrongful acts, or failures to act. 4. Negligence or recklessness. 5. Furnishing of defective or dangerous products. 6. Premises liability. 7. Strict Liability. 8. Inverse condemnation. 9. Violation of civil rights. 10. Violation of any federal or state statute, regulation, or ruling resulting in a determination by the Internal Revenue Service, California Franchise Tax Board, or any other California entity responsible for collecting payroll taxes, when the Contractor is not an independent Contractor. Nothing contained in the foregoing indemnity provisions shall be construed to require Contractor to indemnify City against any responsibility or liability in contravention of Civil Code 2782. It is the intent of the parties to provide the C ity the fullest indemnification, defense, and hold Packet Pg. 157 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 5 harmless all rights allowed under the law. If any word(s) contained herein are deemed by a court to be in contravention of applicable law, said word(s) shall be severed from this contract and the remaining language shall be given full force and effect. 10. Insurance (a) Contractor shall obtain and maintain appropriate property owner insurance to cover fire, flooding, vandalism, and natural disasters, excluding earthquakes, for the entire term of this agreement, from insurers acceptable to City and authorized to issue such insurance in the State of California. (b) Contractor shall maintain in full force and effect, for the period covered by this agreement, commercial liability insurance. This commercial general and automobile liability insurance shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amount of insurance shall be not less than one million dollars ($1,000,000) combined single limit coverage for bodily and personal injury, including death resulting there from, and property damage. The following endorsements shall be attached to the policy: (1) If the insurance policy is on a "claims-made or accident" basis, Contractor agrees to attempt to obtain liability coverage on an “occurrence” basis at its earliest opportunity. It is acceptable for automobile liability insurance to be on a per “accident” basis. (2) If and when Contractor can secure liability coverage on an occurrence basis it agrees to purchase the amount of coverage required above, and to purchase the maximum amount of tail coverage available from the claims made basis insurance carrier. (3) The policy must cover persona l injury as well as bodily injury. (4) Blanket contractual liability must be afforded and the policy must contain a cross liability or severability of interest endorsement. (5) The City, its officers, agents, and employees shall be named as additional insu red under the policy, and the policy shall provide that such insurance will operate as primary insurance and that no other insurance affected by City will be called upon to contribute to a loss hereunder. Packet Pg. 158 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 6 (c) In accordance with the provisions of Labor Code Section 3700, Contractor is required to be insured against liability for workers' compensation or to undertake self-insurance for any individuals working as their employees. Contractor agrees to comply with such provisions before purchasing the Property specified under this agreement. (d) The following requirements apply to all insurance to be provided by the Contractor: (1) Contractor shall furnish the City with original certificates of insurance and amendatory endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City prior to the approval of any advances by the Auditor of C ity pursuant to this agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the required coverage. (2) Certificates and endorsements shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to City. Contractor shall also provide notice to the City as required by this paragraph. (3) Approval of the insurance by City shall not relieve or decrease the extent to which Contractor may be held responsible for payment of damages resulting from Contractor's services or operations pursuant to this agreement. (4) All insurance shall be placed with a company with a Best rating of A:VII or higher, except with the prior approval of the City. (5) Contractor shall provide the City annually with evidence of insurance coverage. Said evidence shall be sent to: Community Development Director, City of San Luis Obispo, San Luis Obispo, CA 93401-3249. (e) If Contractor fails or refuses to procure or maintain the insurance required by this paragraph, or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the r ight, at City's election, to forthwith terminate this agreement for cause. 11. Equal Employment Opportunity. During the performance of this agreement, Contractor agrees it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and specifically agrees to comply with the provisions of Section 202 of Presidential Executive Order No. 11246. Packet Pg. 159 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 7 12. Entire Agreement and Modification. This agreement sets forth the full and entire understanding of the parties regarding the matter set forth herein, and any other prior or existing understandings or Contracts by the parties, whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No cha nges, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. Contractor specifically acknowledges that in entering into and executing this Contract, Contractor relies solely upon the provisions contained in this agreement and no others. 13. Funding for Additional Services. Funding of any programs, projects, or services beyond the term of this agreement, by any new agreement or amendment or extension of this agreement , have not been authorized and will depend upon City's determination of satisfactory performance by Contractor and upon the availability of additional grant funds. Neither C ity nor any employee of City has made any promise or commitment, express or implied, that any additional funds will be paid or made available to Contractor over and above the funds expressly allocated under the terms of this agreement. 14. Compliance with City, County and State Laws and Regulations. Contractor agrees to comply with all City, County and State laws and regulations tha t pertain to construction, health and safety, labor, fair employment practices, procurement, equal opportunity and all other matters applicable to Contractor, its subcontractors, and the Project. Contractor shall obtain necessary City entitlements, includ ing planning approvals or construction permits, before starting work. 15. Compliance with Federal Laws and Regulations. Contractor agrees to comply with all federal laws and regulations applicable to the Project. 16. No Assignment Without Consent. In as much as this agreement is intended to secure the specialized services of Contractor, Contractor shall not have the right to assign or transfer this Contract, or any part hereof or monies payable hereunder, without the prior written consent of City, and any such assignment or transfer without the C ity's prior written consent shall be considered null and void. 17. Law Governing and Venue. This agreement has been executed and delivered in the State of California, and the validity, enfo rceability and interpretation of any of the clauses of this agreement shall be determined and governed by the law of the State of California. All duties and obligations of the parties created hereunder are performable in San Luis Obispo County, and Packet Pg. 160 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 8 such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this agreement. 18. Enforceability. If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 19. Binding on Successors in Interest. All provisions of this agreement shall be binding on the parties and their heirs, assigns and successors in interest. 20. Effect of Waiver. City's waiver or breach of any one term, covenant or other provision of this agreement shall not be a waiver of a subsequent breach of the same term, covenant or provision, or of the breach of any other term, covenant or provision of this agreement. 21. Confidentiality. No report, maps, information, documents, or any other materials given to or prepared by Contractor under this agreement which the City requests in writing to be kept confidential, shall be made available to any individual or organization by Contractor without the prior written approval of C ity. However, Contractor shall be free to disclose such data as is publicly available. 22. Equipment and Supplies. Contractor will provide all necessary equipment and supplies in order to carry out the terms of this agreement. 23. Notices. Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to City shall be addressed as follows: To the City: To the HTF: Community Development Director Jerry Rioux, Executive Director City of San Luis Obispo San Luis Obispo Housing Trust Fund 919 Palm Street 71 Zaca Lane, Suite 130 San Luis Obispo, CA 93401-3249 San Luis Obispo, CA 93401 Either party may change such address by notice in writing to the other parties and thereafter notices shall be transmitted to the new address. Packet Pg. 161 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 9 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. SAN LUIS OBISPO COUNTY HOUSING TRUST FUND By: Jerry Rioux, Executive Director Date CITY OF SAN LUIS OBISPO _________________________________________________________________________ Michael Codron, Community Development Director Date APPROVED AS TO FORM: __________________________________________________________________________ Christine Dietrick, City Attorney Date Exhibits: A. Contractor Quarterly Report Form B. Contractor Reimbursement Request Form Packet Pg. 162 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 10 Exhibit A CONTRACTOR QUARTERLY REPORT FORM San Luis Obispo County Housing Trust Fund 1. Contractor and Address: San Luis Obispo, CA 2. Contact Person: 3. Phone Number: ( ) 4. Program Year: 5. Report Period: To City of San Luis Obispo Date Received: Reviewed and Filed: Project (a) Budget (b) Expenses (c) this period Expenses (d) previously reported Expenses (e) to date (c+d) Funds (f) received to date Other Funds (g) received to date Balance (h) available (b-e) AHF Grant – San Luis Obispo County Housing Trust Fund Financial Plan Year 2017-19 $80,000.00 Total $80,000.00 Narrative - Status of Approved Activities: Problems Encountered & Corrective Actions taken: Packet Pg. 163 Item 10 AHF Agreement (San Luis Obispo County Housing Trust Fund) Page 11 Exhibit B CITY OF SAN LUIS OBISPO CONTRACTOR REIMBURSEMENT REQUEST FORM: San Luis Obispo County Housing Trust Fund Instructions: Complete this form, have an authorized person sign and date it, and mail it to Cara Vereschagin, Assistant Planner, Community Development Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA 93401-3249, (805) 781-7596. Contractor name and address: (payment will be mailed to this address) San Luis Obispo, CA 93401 Requested by: Signature: Date: Name: Phone: FAX: Funding Source Total funds Budgeted Amount of this Request Previous Requests Balance after this Payment FMS Charge AHF Grant – San Luis Obispo County Housing Trust Fund Financial Plan Year 2017-19 $80,000.00 Total $80,000.00 Comments: Packet Pg. 164 Item 10 Meeting Date: 7/10/2018 FROM: Daryl Grigsby, Director of Public Works Prepared By: Violeta Esparza-Reniere, Engineer III SUBJECT: SILT REMOVAL 2018 RECOMMENDATIONS 1. Approve Plans and Specifications Silt Removal 2018, Specification No. 91523; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the construction contract of up to $120,000 to the lowest responsible bidder. DISCUSSION Background The City’s creeks contain locations where sediment collects over time and requires removal to facilitate storm flow. Without proper and routine maintenance, channel flow capacities decrease, and the surrounding properties become more susceptible to flooding. This project consists of the removal of accumulated sediment from Prefumo Creek between Los Osos Valley Road and Laguna Lake. Project Site: Prefumo Creek, in between Los Osos Valley Road and Laguna Lake Prefumo Creek between Los Osos Valley Road and Laguna Lake experiences sediment deposits because the creek slope flattens and water velocity decreases. If addressed early enough, sediment can be removed from the creek prior to migration into Laguna Lake. Therefore, the accumulated sediment needs to be removed periodically to maintain creek capacity and prevent the sediment from migrating into Laguna Lake. Roughly six feet of sediment, or approximately 1,320 cubic yards, was deposited since the last silt removal project completed in 2015. This sediment , as well as exotic invasive vegetation, will be removed by this project . Areas along the creek that are disturbed during construction will be revegetated to reduce erosion and protect the creek banks. All existing trees will be protected. This project will restore Prefumo Creek’s flow capacity and reduce the likelihood of sediment transfer into Laguna Lake. Regulatory Permitting Due to the location of this project within the creek system, work must be scheduled for late summer or early fall – the time of year when the water in the creeks is lowest, and when work can be performed with reduced likelihood of imp acts to adjacent wildlife. As such, scheduling these projects around this limited construction timeline requires advanced planning, design, and regulatory permitting work. Packet Pg. 165 Item 11 The project requires regulatory permits from the California Department of Fish and Wildlife, the California Regional Water Quality Control Board, and the U.S. Army Corps of Engineers. As of June 18, 2018, t he California Department of Fish and Wild life permit is still pending but permits from all of the other listed agencies have been r eceived. Based upon recent correspondence with the City’s environmental consultant, indications are that the remaining permit will be received in time for the scheduled construction start in September 2018. Construction Timing By authorizing this project for advertisement and allowing the City Manager the authority to award a contract up to $120,000, the City may be able to complete this work before the end of 2018. The recommended action will allow the project to be advertised now so that a construction contract may be awarded w ithin the construction window limited by the regulatory permits. Delegating the City Manager authority to award a contract up to $120,000, greater than the Engineer’s Estimate of $82,350, will ensure that if bids are returned higher than the estimate that the project can move forward without delay. If the City is ultimately not successful in obtaining a California Department of Fish and Wildlife permit to allow for construction work to be completed this year, all bids will be rejected, and the project will be rebid next year. ENVIRONMENTAL REVIEW The City’s Community Development Department has issued an Addendum to Initial Studies / Mitigated Negative Declaration ER#1-11 for this project. All required mitigation measures identified in this environmental document have been incorporated into the project specifications. FISCAL IMPACT The 2017-19 Financial Plan, pages E2-18 and E2-19, identifies the silt removal project with a construction budget of $102,000 in 2017-18 and $100,000 in 2018-19 to support this and other silt removal projects. With the 2018-19 allocation, a total of $311,000 will be available in the Silt Removal Master Account . The funding source for this work is provided by the San Luis Obispo County Flood Control and Water Conservation District Zone 9, which will reimburse the City for actual costs incurred up to $311,000, though this silt removal project is not projected to exceed $120,000 Due to the short construction window, the strategy is to allow the City Mana ger to award the contract to the lowest responsible bid up to the amount of $120,000. The total project estimate including contingency cost is $96,100; this request to award up to $120,000 allows for flexibility to accommodate bids that may come in over the engineer’s estimate and still construct during the tight construction window. Packet Pg. 166 Item 11 Total Project Estimate: $82,350 Contingencies:$8,250 Monitoring $5,000 Printing and Misc:$500 Total Project Estimate $96,100 Silt Removal Budget $311,000 Remaining Balance after Project:$214,900 Silt Removal 2018, Specification #91523 ALTERNATIVE Deny authorization to advertise and award. The City Council may choose not to authorize project advertisement. This is not recommended since postponing this project until a later date decrease the capacity of the creek, increase sediment migration into Laguna Lake, and increases the risk of flooding in neighboring residential area. Attachments: a - Council Reading File - 91523 Silt Removal 2018 Plans b - Council Reading File - 91523 Silt Removal 2018 Specifications Packet Pg. 167 Item 11 Page intentionally left blank. Packet Pg. 168 Item 11 Meeting Date: 7/10/2018 FROM: Derek Johnson, City Manager Prepared By: Deanna Cantrell, Chief of Police SUBJECT: GRAND JURY RESPONSE REGARDING RESIDENTIAL DETOXIFICATION IN SAN LUIS OBISPO COUNTY. RECOMMENDATION Receive and file the County of San Luis Obispo Grand Jury (Attachment A) response regarding evaluation of a pre-booking substance abuse diversion program. DISCUSSION On June 1, 2017, the City of San Luis Obispo received a letter from the San Luis Obispo Grand Jury following up on the 2016-17 Grand Jury report, titled Residential Detoxification in San Luis Obispo County. The City was asked to provide a status update on Recommendation #9. R9. The San Luis Obispo City Council should evaluate the Law Enforcement Assisted Diversion program or a similar pre-booking substance abuse diversion for City implementation as a means of motivating and engaging young adult arrestees who are assessed to be primarily substance abusers and not criminally oriented. A written evaluation by the City Manager should be reviewed at a mee ting of the San Luis Obispo City Council, by June 2018. While the City agrees that diversion programs such as the Law Enforcement Assisted Diversion Program, or LEAD, are beneficial for those identified as primarily substance abusers , there are numerous programs available that already provide services to our community through San Luis Obispo County Behavioral Health, the County Court System and the District Attorney’s Office. Drug, alcohol or other court programs are administered by the Courts which are a subdivision of the State of California. In San Luis Obispo , there are numerous programs operated in conjunction with the County, that provide similar services to meet this need and are already in existence. The City shares and appreciates the concern of t he Grand Jury that the City be aware of the need for a residential detoxification center and the need for alternatives to criminal sentences for those addicted to drugs or alcohol. As the Council is aware, the City is in the process of establishing a case worker to work with the CAT team. Lastly, the County is currently in the early planning stages to determine a potential location for a detox facility. City staff believes that with so many existing programs that meet different needs for substance abuse o ffenders, an additional program is not necessary at this time. Additionally, another program such as LEAD would require significant funding, planning , and staffing that cannot be supported by the City of San Luis Obispo at this time. The City is willing to work with the County on an endeavor, but the County should be primary on developing any other programs. Packet Pg. 169 Item 12 ENVIRONMENTAL REVIEW There is no environmental impact associated with the r eceive and file of the County of San Luis Obispo Grand Jury response regarding evaluation of a pre-booking substance abuse diversion program FISCAL IMPACT There is no impact on the City’s General Fund associated with this action. ALTERNATIVE Council may direct staff to do further research on a program in conjunction with the County of San Luis Obispo and or may supplement the response provided by staff. Attachments: a - Grand Jury Response 2018 Packet Pg. 170 Item 12 Packet Pg. 171 Item 12 Packet Pg. 172 Item 12 Packet Pg. 173 Item 12 Packet Pg. 174 Item 12 Packet Pg. 175 Item 12 Page intentionally left blank. Packet Pg. 176 Item 12 Meeting Date: 7/10/2018 FROM: Derek Johnson, City Manager J. Christine Dietrick, City Attorney Carrie Mattingly, Utilities Director Justin Pickard, Water Systems Consulting, Inc., WRRF Project Consultant SUBJECT: WATER RESOURCE RECOVERY FACILITY (WRRF) PROJECT LABOR AGREEMENT EVALUATION RECOMMENDATION Receive a report on the potential use of a Project Labor Agreement in connection with the City’s WRRF Project and provide direction to staff whether to proceed with negotiation of an Agreement. REPORT-IN-BRIEF The purpose of this report is to review typical provisions in project labor agreements (PLAs) and evaluate the potential impacts of key provisions on the City of San Luis Obispo’s (City) Water Resource Recovery Facility Project (WRRF Project). The intent of the report is to evaluate the potential impact of a PLA on the WRRF Project from a practical perspective. The memorandum is not intended to be an exhaustive review of every provision included in PLAs or to provide an opinion on the merit of a PLA for the WRRF Project. PLAs are pre-hire collective bargaining agreements that establish standard terms and conditions that apply to a specific construction project or category of projects, typically larger and more complex projects. PLAs are typically negotiated between the project owner and the local building trades council and/or individual construction trades, although PLAs can be directly negotiated between contractors and construction trades. The agreements are negotiated prior to advertisement for bids and become part of the bid package. The general contractor and subcontractors of any tier must agree to be bound by the requirements of the agreement as part of their bid submission and they must sign on to the agreement prior to performing any work on a PLA-covered project. Key PLA provisions include the establishment of 1) uniform work conditions; 2) hiring procedures; 3) wages and benefits; 4) management rights; 5) labor dispute resolution procedures; 6) procedures to prevent work stoppages; and 7) agreement to adhere to existing Master Labor Agreements (MLAs) for the trades subject to the PLA. In addition, PLAs often include provisions to promote participation in covered projects from targeted categories of workers, including residents, apprentices, historically underutilized residents and businesses, at-risk persons, veterans, minority-owned businesses and disadvantaged business enterprises. The Council expressed interest in the potential of the PLA structure for advancing local hire and local economic development objectives. Item 13 Packet Pg. 177 There are competing positions as to the value, utility and cost impacts of PLAs and this report does not propose to resolve those conflicting positions. Rather, this report attempts to provide the Council with as much objective, preliminary information as possible and facilitate a public discussion of the potential benefits and impacts of a PLA specific to the WRRF Project, looking at the likely time and expense associated with negotiating and implementing an agreement at this stage of the WRRF Project planning. The Local Plumbers, Pipefitters and Refrigeration Fitters Local Union 403 provided the Council with a binder of materials in support of its request that the Council consider pursuing a PLA for the WRRF Project. Within that material are references to multiple studies both supporting and opposing the PLA model and that material is available for public review in the Council reading file. Following discussion of this report and supporting materials, staff will seek Council direction whether to pursue negotiations of a PLA for the WRRF Project. DISCUSSION The following sections detail typical provisions included in PLAs, and potential considerations for the WRRF Project regarding each provision. Work Conditions Uniform Work Conditions PLAs commonly include provisions to establish uniform work conditions across each of the construction trades providing craft labor on the covered project. Conditions typically covered include work hours, holidays, meal periods, break periods, overtime and double-time pay, shifts, and shift differential pay. For contractors that are signatory to the unions, the Master Labor Agreement with each individual trade sets forth standard work conditions. The Master Labor Agreement for each trade can include slightly different provisions related to work conditions, and a PLA can serve to standardize these conditions across all trades and simplify the management process. Many of the work conditions typically covered in PLAs are also addressed in the California Labor Code including shift lengths, meal and break periods, and overtime/double-time pay. In addition, the construction contract sets forth allowable work hours and holidays observed by the project owner. In the absence of a PLA, California Labor Code and the construction contract will establish the work conditions for the project in question. WRRF Project Considerations Standard work conditions provisions in a PLA are not anticipated to have a significant impact on the WRRF Project, as many of the provisions typically included are addressed in the California Labor Code and the construction contract documents. Hiring Procedures Union Recognition PLAs designate the trade unions and the local or regional building trades council as the exclusive source of craft labor on covered projects and the exclusive bargaining representative for craft workers. In addition, employers must recognize the jurisdiction and scope of work specific to Item 13 Packet Pg. 178 each trade as established in each Master Labor Agreement. Terms requiring compliance with existing Master Labor Agreements are typically incorporated into the PLA. Referral Systems PLAs require that established union referral systems be used exclusively to obtain craft labor on covered projects. If a union referral system is unable to refer workers within a defined period (typically 48 hours), contractors are often allowed to hire employees from other sources. PLAs do not discriminate between union and non-union workers and referrals cannot be based on a preference for union members over non-union members; however, non-union workers must register with the union hiring hall to become eligible for assignment to a covered project Core Employees PLAs typically limit the number of employees that non-union contractors can bring to a project without utilizing the union hiring hall system. These employees are termed “core” employees, and typically include key positions such as foremen. Most agreements exclude key management employees above the general foreman level from the requirements of the agreement. Employees must meet specific requirements to be considered a core employee including being recently active on the contractor’s payroll (i.e., for 60 of the 100 working days immediately prior to the award of the contract), possessing licenses required for the performance of the project work, and having the ability to safely perform the duties and functions of the trade for which they are providing craft labor. Non-union contractors can hire core employees on a one-to-one ratio with employees referred by the union hiring hall up to a maximum number of core employees (typical limitations of 5 core employees appear common but would be a term subject to negotiation). For example, the contractor can hire a member of its core workforce first, followed by an employee referred from the union hiring hall second, then another member of its core workforce. This process continues until the maximum number of core employees specified in the PLA is reached. Core employee provisions do not apply to union signatory contractors. Union and Non-Union Contractor Comparison For union contractors and on PLA-covered projects, Master Labor Agreements clearly define the scope of work that can be performed by each individual trade, and workers are not allowed to work outside of their classification/jurisdiction. Non-union contractors on projects not covered by a PLA can allow their employees to perform a wider range of tasks. For example, a non- union employee can perform functions of multiple trades (e.g., laborer, operating engineer, cement mason), provided they are paid the appropriate prevailing wage rate for each classification while performing the work. Hiring procedures included in PLAs limit the ability of non-union contractors to utilize their core workforce on covered projects. PLAs establish the maximum number of core employees that a non-union contractor can employ on a project and require non-union contractors to use union referral systems exclusively for obtaining craft labor. While non-union workers can register with the union and become eligible to work on the project, they are subject to the hiring hall rules of each specific trade. Union hiring halls maintain out-of-work lists, and applicants are typically referred to projects based on the order in which they registered with the hiring hall (i.e., first Item 13 Packet Pg. 179 come, first served). It is important to note that the hiring procedures and hiring hall rules are specific to each local union. Hiring procedures in PLAs do not significantly impact union signatory contractors. Signatory contractors routinely use union referral systems to obtain craft labor and can request specific employees by name, rather than requesting workers from the out-of-work list for each trade. In addition, core employee provisions do not apply to union contractors and union contractors are able to utilize their core workforce without limitation. Exceptions can include specific requirements in Master Labor Agreements that restrict or limit participation of “traveling” union members from their home union to the local union at the project location. WRRF Project Considerations The impact of PLA hiring procedure provisions on the WRRF Project depends largely on whether the prequalified contractors eligible to bid on the Project are signatory to the individual unions. Non-union contractors will be impacted by limits placed on their ability to utilize their core workforce. Union contractors will not be significantly impacted by the hiring procedure provisions as the procedures reflect their standard work practices, except for travel restrictions imposed by local unions on union members working outside the jurisdiction of their home union. Specialty Subcontractors The PLA hiring procedures likely will impact smaller, specialty subcontractors more than the general contractor and major subcontractors. Specialty subcontractors (e.g., roofers, glaziers, tile installers, sheet metal workers, etc.) have a smaller role relative to the overall scope of the WRRF Project, provide fewer employees and less craft hours, and are more likely to be local contractors. Non-union specialty contractors with a small workforce generally rely more heavily on their core employees, and limitations on their ability to fully utilize their core workforce could disproportionately affect their ability to effectively perform their subcontracted scope of work, as compared to larger contractors. In addition, small non-union contractors may not fully understand the PLA requirements when submitting subcontract bids and may refuse to sign the required letter of assent before beginning work on a PLA-covered project. This can result in cost and schedule impacts associated with subcontractor substitutions. Careful consideration should be given to the impacts of a PLA on smaller specialty contractors if the City decides to move forward with an agreement. Negotiations with the building trades should include a discussion of potential exemptions from the typical PLA hiring provisions and core worker restrictions for small and specialty subcontractors performing limited scope on the WRRF Project. Additionally, consideration should be given to mandatory pre-bid meetings to ensure that all potential bidders and subs are aware of the PLA requirements, understand their obligations and restrictions under a PLA and have an opportunity to have pre-bid questions addressed to facilitate fully informed bids. Construction Inspection Construction inspectors, materials testers, and other personnel performing quality assurance and quality control functions may also be impacted by the hiring procedures set forth in a PLA. Construction inspectors are typically employed by a third-party construction manager through a professional services agreement with the project owner. Materials testers and specialty Item 13 Packet Pg. 180 inspectors (e.g., soils technicians, certified welding inspectors, reinforced concrete inspectors, etc.) are typically employed as subconsultants to the construction manager. While professional services are exempt from PLAs, construction inspectors, materials testers, and personnel performing quality control and quality assurance generally are covered crafts under a PLA and are subject to the typical hiring procedure provisions discussed in the preceding paragraphs. The City is currently in the process of procuring a consultant to provide construction management and inspection services for the WRRF Project. The City’s evaluation of construction management firms will be partially based on the qualifications of the proposed inspection staff. Construction inspectors must have experience providing quality assurance for complex civil, structural, and mechanical treatment facility projects like the WRRF Project. As providers of professional services, most construction management firms are not signatory to construction unions and non-union firms will be subject to standard PLA hiring procedures, including core worker provisions. It is anticipated that five to six inspectors will be employed on the WRRF Project through the course of construction, and the City’s construction manager could be required to obtain a portion of its inspection staff through the union hiring system. The core worker provisions in a PLA will impact the construction manager’s ability to utilize its inspection staff on the WRRF Project. Should the City elect to move forward with a PLA, negotiations with the building trades should include a discussion of potential exemption from the typical PLA hiring provisions and core worker restrictions for project staff performing quality assurance work, including construction inspectors, specialty inspectors, and materials testers. In addition, the construction management services contract is tentatively scheduled to be executed in September 2018. If the City decides to enter into a PLA with the building trades, the agreement will likely not be finalized before the construction manager is procured and the construction management services contract will need to be renegotiated to reflect the terms of the PLA. Depending on the length and complexity of negotiations, this could impact anticipated contracting timelines. Wages and Benefits Wages Wages for craft workers on public works projects are paid in accordance with applicable state and federal prevailing wage rates. PLAs do not supersede applicable prevailing wage rates and wages paid to craft workers are the same for PLA and non-PLA projects. Benefits The California Department of Industrial Relations (DIR) establishes basic hourly rates and fringe benefit amounts that must be provided to the employee by the employer. Fringe benefits include health and welfare, pension, vacation/holiday, training, and “other” benefits. “Other” benefits include contributions to management relations boards, industry advancement funds, and other miscellaneous initiatives specific to each trade. Non-union contractors must provide benefits of equivalent value as the fringe benefit amounts established by the DIR or pay fringe benefits directly to their employees in cash. Training benefits must be paid directly to a State-approved apprenticeship program and are not paid directly to the employee as cash. Item 13 Packet Pg. 181 Union contractors provide fringe benefit payments on behalf of their employees directly to union trusts, who in turn provide benefits to their members. As with non-union contractors, training benefits must be paid directly to a State-approved apprenticeship program and are not paid directly to the union trust fund. Union and Non-Union Contractor Comparison On PLA-covered projects, all contractors, regardless of union affiliation, must pay fringe benefit contributions directly to the union trust fund for each employee for the duration of the project. Union contractors are not affected by this requirement as it reflects their normal business practice and is in alignment with the Master Labor Agreements between the construction trades and union employers. The extent to which payment of fringe benefits to union trusts affects non-union contractors depends largely on the benefits employers offer to their employees. If non-union contractors provide retirement benefits such as 401k plans or health insurance, these benefits would no longer be provided through the employer and would be provided through the union trust. For non-union contractors that pay fringe benefit contributions directly to employees as cash, the contractors would simply begin making these payments to the union trust on the employees’ behalf. Information published by the United States Department of Labor Bureau of Labor Statistics indicates that union workers have greater participation rates in medical benefit plans than non- union workers, 79% versus 46%, respectively. In addition, union workers have greater participation rates in retirement plans than non-union workers, 82% versus 47%, respectively (United States Department of Labor Bureau of Labor Statistics, 2017). WRRF Project Considerations Union members must work a minimum number of hours each year to become vested in union pension programs. Non-union workers for whom fringe benefits are paid to the union trust by their employer during the WRRF Project might not work sufficient hours to become vested and may not ultimately realize any benefit from the trust fund contributions made on their behalf. This issue may be more pronounced for non-union specialty subcontractor employees performing limited scope on the WRRF Project (e.g., roofers, glaziers, tile installers, etc.). These employees may not work sufficient hours to become vested in union trust funds because they will be performing a discrete scope of work that will be completed in a short period of time on the WRRF Project. For non-union workers performing limited scope on the WRRF Project for a limited period, employers may elect to continue providing their standard retirement and health benefits while also providing fringe benefit payments directly to the union trust. Provision of benefit payments to both the union trust and directly to the employee can result in increased costs to the employer. Item 13 Packet Pg. 182 If the City decides to consider a PLA for the WRRF Project, negotiations with the building trades should include a discussion of potential exemptions from the required union trust fund benefit payments for small contractors performing limited scope on the WRRF Project. Management Rights PLAs include provisions detailing the rights maintained by management under the agreement. PLAs typically give management exclusive rights to plan and direct the work; hire, layoff, and promote employees; determine the number of employees required to prosecute the work; determine means and methods of construction; select craft foremen; and assign and schedule the work. The intent of these provisions is to preserve the ability of management to perform key duties that are critical to the successful performance of work under the covered project. WRRF Project Considerations Management rights provisions are not anticipated to impact the WRRF Project. These provisions are simply intended to clearly express to signatories that contractors retain the right to manage the labor force on a covered project. Work Stoppages PLAs include provisions expressly prohibiting strikes, picketing, work stoppages, slowdowns, and lockouts to ensure the continued performance of work and to prevent schedule delays on covered projects, with limited exceptions. When employers and employees are unable to agree on the terms and conditions of employment, employees may implement work stoppages such as strikes, or slowdowns and employers can implement lockouts. Work stoppages are used to compel either the employer or the employees to agree to the terms and conditions of employment in dispute. Some PLAs allow unions to withhold craft labor in the event a contractor is delinquent in payment of its weekly payroll or payments to the union trust. Work stoppages can significantly impact a construction project as they interrupt the availability of craft labor and delay performance of the work. Union employees are prevented from striking on the basis of economic conditions when bound by an active collective bargaining agreement and can only strike after a good faith effort has been made at collective bargaining. Union employees are not constrained in their ability to strike on the basis of unfair labor practices when certain conditions are met. It is beyond the scope of this report to detail the circumstances and laws surrounding employers’ and employees’ ability to implement work stoppages. WRRF Project Considerations The construction trades in California have a long history of successful collective bargaining with the construction industry. A review of work stoppage data compiled by the United States Department of Labor Bureau of Labor Statistics did not identify any work stoppages by the construction trades in California involving 1,000 or more workers over the last ten years (United States Department of Labor Bureau of Labor Statistics, 2018). Work stoppages resulting from a lapse in the collective bargaining agreements between the construction trades and the construction industry do not present a significant risk to the WRRF Project. Previous public works projects constructed by the City have been picketed by the construction trades, and in isolated incidents, workers have refused to cross picket lines. In the event of a picket at the WRRF Project, union workers might refuse to cross picket lines, impacting Item 13 Packet Pg. 183 performance of the work. A PLA would expressly prohibit strikes, picketing, and work stoppages and would mitigate this concern. It is recommended that additional analysis be performed to better understand the membership rules of each trade regarding the ability of union members to cross picket lines. This analysis would help quantify the risk of a work slowdown resulting from a picket if a PLA is not in place for the WRRF Project. Dispute Resolution Dispute resolution provisions are included in PLAs to establish a uniform and timely process to resolve project issues without slowing down or stopping the work. Disputes regarding the jurisdiction of individual trades are settled in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the Plan). The Plan is a broadly recognized dispute resolution procedure established by the AFL-CIO and construction employer associations that has been in place since 1984. When a jurisdictional dispute between trades arises on a project covered by a PLA (e.g., laborer versus pipefitter scope for the installation of underground pipelines), the issue is referred to the Plan for settlement. PLAs include provisions that prohibit work slowdowns and stoppages while jurisdictional disputes are being resolved. PLAs also include provisions related to resolution of grievances and disputes not specifically related to jurisdictional issues. PLAs establish a defined, step-wise process for dispute resolution that encourages resolution of project issues on the lowest possible level. The dispute resolution process typically culminates with arbitration if not settled at a lower level, typically before an arbitrator selected from an agreed upon list of arbitrators to facilitate timely resolution. As with jurisdictional disputes, parties to a PLA cannot stop or slow down the work because of a grievance or dispute. WRRF Project Considerations It is difficult to evaluate the impacts of PLA dispute resolution provisions on the WRRF Project. Disputes on construction projects are typically resolved informally by the general contractor and subcontractor management teams or through the formal dispute resolution and claims process detailed in the contract documents on non-PLA projects. Jurisdictional issues are more likely to arise between union contractors or on PLA-covered projects where workers are not allowed to work outside of their classification, but where the scope of work for multiple trades overlaps. For example, the scope of work for both laborers and pipefitters includes installation of piping in water and wastewater treatment facilities. This overlap in scope may result in a jurisdictional dispute depending on the amount of work in question and the willingness of the trades to pursue resolution through the Plan. If a contractor signatory to the laborers union bids the WRRF Project assuming laborers will install the mechanical piping and assumes prevailing wage rates for laborers in its bid, but the piping work is later found to be within the jurisdiction of the pipefitters at pipefitter prevailing wage rates, the contractor would incur significant additional costs. Non-union contractors on projects not subject to PLA agreements would not be faced with a jurisdictional dispute and could elect to perform the work with laborers; however, the pipefitters could file a complaint with the DIR (Department of Industrial Relations) that the workers were not being paid the appropriate prevailing wage rate, which would be subject to an investigation by the Division of Labor Standards Enforcement. Item 13 Packet Pg. 184 Targeted Worker Participation Many PLAs include provisions to increase participation in covered projects by targeted categories workers. Targeted categories typically include residents, apprentices, at-risk persons (e.g., economically disadvantaged individuals as defined in the agreement or those with prior low level criminal records that can create barriers to employment), veterans, and disadvantaged business enterprises. PLAs establish goals for the percentage of total craft hours on the covered project to be performed by the targeted workers. Construction contractors can be required to retain the services of a jobs coordinator, who works with the contractor, unions, local workforce development agencies, and apprenticeship programs to help the contractor meet the participation goals for each demographic set forth in the agreement. WRRF Project Considerations Targeted worker category provisions can be effective in increasing participation in the WRRF Project by the targeted demographics and developing the local workforce. The success of targeted worker participation provisions depends on commitment to the process by all parties to the PLA through ongoing and active management. Schedule PLAs are typically negotiated between the project owner and the local or regional building trades council, who represents a group of different craft unions. Some crafts anticipated to perform work on a covered project might not be represented by the building trades council, and the PLA would need to be negotiated with each of these crafts individually. The amount of time required to negotiate a PLA varies widely and depends on the content of the agreement initially presented by the building trades as a starting point to the negotiations. Once the City has reviewed the draft agreement, it can identify the provisions that warrant additional discussion and negotiations can begin. It is estimated that the length of time required to negotiate a PLA for the WRRF Project could range from two months to one year or more. If the City is willing to accept the standard PLA agreement presented by the building trades council and detailed negotiations are not required, it will take approximately two months to work through the City Council approval process and circulate the final agreement for execution. If provisions of the standard agreement warrant additional negotiations and the City is required to negotiate with multiple trades not represented by the Building Trades Council, the process could take up to one year or more. If the City elects to move forward with a PLA, the agreement must be in place prior to issuing the bid advertisement for the WRRF Project, which is tentatively scheduled to be issued in December 2018. The PLA must be included in the contract documents to inform prospective bidders and subcontractors of their responsibility to comply with the terms and conditions of the agreement. Implementing a PLA after contract award and start of construction would be difficult and likely disrupt the WRRF Project. One of the key drivers of the WRRF project is the Time Schedule Order (TSO) that requires the City to be in compliance with nutrients and disinfection by-products by the fall of 2019. Delays have already resulted in the City being unable to meet the disinfection requirements. The City is in discussions with the Central Coast Water Board (CCWB) on possible regulatory pathways to Item 13 Packet Pg. 185 reduce or eliminate fines for the TSO, but this issue has not been resolved. Additional delays may result in added fines and enforcement actions. The present construction climate throughout California has been volatile with projects recently coming in over budget. Additional delays may result in escalation of construction costs and the need to retain supporting professional services for the project. Cost Impacts of a PLA on construction bids are difficult to quantify and are beyond the scope of this report to assess comprehensively. Proponents of PLAs assert that these agreements save money by making overall labor reliability and project cost management more predictable, while opponents argue that PLAs increase project costs due to labor agreement compliance administration and union/fringe benefits contributions requirements. Information regarding the arguments on both sides of this issue is readily available through previously published articles and research. The anecdotal feedback staff received from public entity colleagues who have completed projects subject to PLAs is that the bids received on their PLA projects did not seem significantly out of scale in comparison to non-PLA projects of a similar size; however, the consistent feedback was that it really isn’t possible to know what the cost impacts on a project might have been absent a parallel bid process, with one including the PLA requirement and the other not. This section will focus on the costs that are more readily quantifiable including costs to support contract negotiations, costs to incorporate the PLA into the construction documents, and costs to administer the PLA through construction. PLA Negotiation Negotiation of the PLA will require participation from the City’s Utilities Department, the City Attorney’s office, outside legal counsel, and the WRRF Project Program Management Team. Costs to support PLA negotiations will depend on the extent and duration of the negotiations and can vary widely. Contract Document Development The construction contract documents will need to reflect the requirements of the PLA so prospective bidders and subcontractors will be aware of their responsibilities regarding the agreement. Language is typically included in the bid advertisement, bid form, agreement, and the front-end documents to detail PLA requirements. In addition, the complete PLA is included in the contract documents as part of the front-end documents or as an appendix. It is recommended that a specification be developed to detail the targeted worker participation requirements, as the procedures for meeting participation goals and reporting requirements are typically not explained in detail in the PLA. The targeted worker specification will increase the likelihood of meeting the participation goals set forth, increase transparency in the process, and facilitate accountability of all parties to the agreement. Modification of the construction contract documents to reflect the PLA will require participation from the City’s Utilities Department, the City Attorney’s office, outside legal counsel, the design engineer, and the WRRF Project Program Management Team. PLA Administration PLAs require that the project owner designate a Project Labor Coordinator to act as the owner’s Item 13 Packet Pg. 186 agent and to facilitate implementation and compliance with the PLA. The Project Labor Coordinator can be a member of the owner’s staff, but an outside contractor with specific experience administering PLAs is typically used. In many cases, the Project Labor Coordinator can also function as the labor compliance program administrator, which will be required on the WRRF Project to satisfy the requirements of outside funding sources. It is assumed the City will hire an outside contractor to serve as the Project Labor Coordinator if a PLA is negotiated. PLAs include provisions for the establishment of a Joint Administrative Committee (JAC, Committee) comprised of representatives from the owner and representatives from the building trades. The JAC meets regularly to discuss issues associated with the PLA including project issues, safety concerns, contractor relations, and disputes. The frequency of the JAC meetings is left to the discretion of the Committee, but meetings are typically held on a quarterly basis. It is anticipated that the City’s representatives on the JAC will include City Utilities Department staff and representatives from the WRRF Project Program Management Team. The City can require the construction contractor to retain the services of a Jobs Coordinator to assist the contractor in meeting its obligations for targeted worker participation. The Jobs Coordinator coordinates with the construction trades, apprenticeship programs, and local workforce development agencies to identify potential workers that meet the criteria necessary to qualify as a targeted worker for employment on the covered project. The Jobs Coordinator assists the contractor in the preparation of reports including targeted worker hiring status reports and manpower utilization plans. It is anticipated that the contractor will retain the services of an outside consultant to serve as its Jobs Coordinator. Table 1 below details the estimated costs for PLA implementation and administration for the WRRF Project. Table 1. PLA Implementation and Administration Cost Estimate RESOURCE LowHighLowHighLowHigh Utilities Department 2,181$ 3,444$ 574$ 574$ 2,985$ 4,362$ City Attorney 2,387$ 6,510$ 651$ 651$ 217$ 434$ Outside Counsel 20,400$ 51,600$ 7,800$ 12,600$ 1,200$ 2,400$ Design Engineer ‐$ ‐$ 8,904$ 11,130$ ‐$ ‐$ Program Management 9,760$ 20,496$ 4,880$ 7,320$ 33,672$ 51,728$ Project Labor Coordinator ‐$ ‐$ ‐$ ‐$ 119,660$ 176,390$ Jobs Coordinator ‐$ ‐$ ‐$ ‐$ 79,000$ 100,500$ SUBTOTAL 34,728$ 82,050$ 22,809$ 32,275$ 236,734$ 335,814$ PLA Negotiation Contract Document Development PLA Administration TASK The total cost for PLA implementation and administration is estimated to cost between $294,271 and $450,139. The cost estimate assumes that the Project Labor Coordinator will also serve as the administrator of the WRRF Project labor compliance program. Fifty percent of the total cost of the Project Labor Coordinator has been assigned to PLA administration and the remaining fifty percent of the cost has been assigned to labor compliance. Consequently, the total cost of labor compliance and PLA administration is estimated to range between approximately $259,543 Item 13 Packet Pg. 187 and $368,069. If the City does not move forward with a PLA, it will still need to implement a labor compliance program to satisfy outside funding requirements at a cost of approximately $120,000 to $177,000. Alternative Local Hire Approaches If the Council’s primary objective in pursuing a PLA is advancing local hire and economic development objectives, there are other alternatives that can be considered and implemented via contractual clauses in the bid documents. A good example of such provisions can be found in the Alameda County General Services Agency contract for the Cherryland Community Center, which included an “Enhanced Construction Outreach Program” that set goals for participation and required the contractor to demonstrate enhanced efforts to engage small and local business enterprises and other, historically disadvantaged groups, to perform project work (see https://www.acgov.org/gsa/purchasing/bidContent_ftp/rfpDocs/1856_0_002219ECOP.pdf ). A paper done for the League of California Cities has also been included in the Council reading file and provides a detailed overview of the legal parameters and practical landscape around local hire and purchase provisions, highlighting what is and is not legally permissible regarding local hire preferences outside the PLA context. An effective program would need to incorporate compliance documentation and monitoring provisions, which could also be incorporated into the bid documents, so that bidders could factor any costs associated with such provisions into their bid packages and progress toward objectives could be tracked. The development of the contractual provisions would be done by project staff and consultants and would not require negotiations with third parties or third-party compliance monitoring. CONCURRENCES The purpose of a Study Session is for informal discussions between staff, advisory bodies, consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action to approve the inclusion of a PLA into the bid package for the WRRF project will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. Should Council direct staff to move forward with negotiation of a PLA program, all Departments would be engaged in the development and review of any program, which would be subject to final Council approval. ENVIRONMENTAL REVIEW There is no project subject to environmental review associated with the discussion and possible negotiation of a PLA. Nothing related to the negotiation of a PLA affects otherwise applicable environmental review of the WRRF project, which is in compliance with all applicable requirements. Item 13 Packet Pg. 188 FISCAL IMPACT The likely fiscal impact of the inclusion of a PLA for the WRRF Project is not precisely quantifiable, but preliminary anticipated cost impacts have been included in the cost section above. ALTERNATIVES 1. Direct staff to proceed with the negotiation of a PLA for inclusion with the bid package for the WRRF, including local hiring preference components. 2. Direct staff to include provisions for local outreach and/or incentives for local hire in contract documents, consistent with applicable legal limitations. 3.Direct staff to proceed with preparation of bid package without additional local outreach of hire provisions. Attachments: a - Council Reading File - Binder of PLA Information b - Council Reading File - League of CA Cities Paper on Local Hiring and Purchasing Preferences c - Council Reading File - Example Local Outreach Provisions for Contracts Item 13 Packet Pg. 189 Page intentionally left blank. Packet Pg. 190 Item 13Item 13 Meeting Date: 7/10/2018 FROM: Michael Codron, Community Development Director Prepared By: Cara Vereschagin, Assistant Planner SUBJECT: CONDUIT FINANCING FOR THE JUDSON TERRACE HOMES APARTMENTS AFFORDABLE HOUSING PROJECT RECOMMENDATION 1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) of 1982 and pursuant to the requirements of the Internal Revenue Code of 1 986, as amended (the “Code”); and 2. Adopt a resolution allowing the issuance of tax-exempt bonds (the “Bonds”) by the California Municipal Finance Authority (CMFA), for the benefit of Judson Terrace Senior Housing, L.P., a California limited partnership, or another entity to be created by Beacon Communities, Inc., or an affiliate thereof (the “Borrower”), to finance the acquisition and rehabilitation of a 107-unit multifamily rental housing facility located at 3000 Augusta Street (the “Project”), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 et seq. DISCUSSION Background Beacon Communities, Inc. requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $44,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance the acquisition and rehabilitation of a 107-unit multifamily rental housing facility to be owned and operated by the Borrower and located at 3000 Augusta Street. All 107 units of this project are currently affordable to low-income elderly persons, through a long-term affordability agreement with the U.S. Department of Housing and Urban Development (HUD), meaning the City does not hold any restrictions on the property. Per Federal regulations of the issuance of these Bonds, the active affordability agreement will be extended for an additional fifty-five (55) years with HUD, thus further maximizing the term of affordability of the multifamily facility. In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the Borrower is requesting that the City Council hold a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing s, reasonable notice must be provided to members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. Packet Pg. 191 Item 14 California Municipal Finance Authority The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charit able activities throughout California. To date, over 300 municipalities, including the City of San Luis Obispo, have become members of CMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of t axable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings. No City Liability for the Financing There is no City liability in approving this financing arrangement between the Borrower and the CMFA for the benefit of Judson Terrace Homes ; a transaction generally referred to as “conduit financing.” The Bonds are payable solely from the payments by the Borrower on a loan made to it (the “Borrower Loan”) by the CMFA from the proceeds of the Bonds. The rental payments by tenants in the Project are the source of revenue used by the Borrower to repay the Borrower Loan. The City has no financial, legal, or any other obligation, liability or responsibility for the Project or for the repayment of the Bonds or the repayment of the Borrower Loan. The documents for the Bonds clearly provide that the Bonds are payable solely from payments on the Borrower Loan made by the Borrower. Outside of holding this hearing and adopting the required resolution, no other participation or activity of the City with respect to the bonds will be required. City’s Conduit Financing Policy While the Council is not obligated to approve this request, it would be consistent with past City actions regarding conduit financing. Under the City’s debt financing and management policies, consideration of a request for conduit financing is generally a two -step process: 1. First asking the Council if they are interested in co nsidering the request and establishing the ground rules for evaluating it. 2. And then returning with the results of this evaluation and recommending approval of appropriate financing documents if warranted. City’s Past Experience with Conduit Housing Bonds The City has approved twelve “conduit” housing bond issues in the past as reflected in the following summary. There have been no financial difficulties with any of these bond issues. 1. 1985. 168-unit apartment development on Southwood Drive (refinanced in 1993). 2. 1998. 30-unit development (all affordable for seniors and persons with disabilities) on Brizzolara Street. Packet Pg. 192 Item 14 3. 1999. 122-unit apartment development by the De Vaul Ranch Company, of which 26 units will be affordable: 24 for “very-low” and 2 for “moderate” income households. 4. 2002. 19-unit senior apartment development at 433 Pacific Street (Pacific and Carmel). 5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”). 6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University Board of the Santa Barbara Presbyterian. 7. 2012. 120-unit apartment project affordable to low and very-low income households located at 1550 Madonna Road. 8. 2013. 19-unit apartment project affordable rental apartment facility for seniors located at 433 Pacific (“Carmel Street Apartments”). 9. 2013. Reissuance of financing for the 40-unit affordable rental apartment facility for seniors located at 2005 Johnson Avenue (“Del Rio Terrace”). 10. 2015. Rehabilitation of 55 affordable rental units located at 1092 Orcutt Road, 1102 Ironbark, and 1363 Pismo Street. 11. 2016. 46-unit affordable apartment development at 3680 Broad Street (“Iron Works”). 12. 2018. 36-unit affordable apartment development at 3175 Violet Street (“Courtyard at the Meadows”). Next Steps After the TEFRA public hearing, adoption of the Resolution of the Council approving the issuance of the Bonds, and approval of the Borrower’s application for tax-exempt financing, the Borrower can expect to receive the bond allocation in September 2018. There will be no further actions required by the City. ENVIRONMENTAL REVIEW The project is exempt from environmental review per Sectio n 15061 (b)(3) General Rule of the CEQA Guidelines. The project is an action to award funding. Packet Pg. 193 Item 14 FISCAL IMPACT Since t he Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, the City will have no financial liability associated with the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower. The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of San Luis Obispo it is expected that a portion o f the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. ALTERNATIVES 1. Do not approve the issuance of bonds for the benefit of Judson Terrace Homes. Due to the lack of liability for repayment of Bonds by the City, this option is not recommended. 2. Defer consideration of the request. Due to the critical need for tax exempt bond financing in order to complete the acquisition and rehabilitation of the Pr oject, this option is not recommended. Attachments: a - DRAFT Resolution for Judson Terrace Homes Packet Pg. 194 Item 14 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $44,000,000 TO FINANCE A 107-UNIT MULTIFAMILY RENTAL HOUSING FACILITY FOR THE BENEFIT OF JUDSON TERRACE SENIOR HOUSING, L.P. (OR AN AFFILIATE), AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, Judson Terrace Senior Housing, L.P., a California limited partnership, or another entity to be created by Beacon Communities, Inc., or an affiliate thereof (the “Borrower”), has requested that the California Municipal Finance Authority (the “Authorit y”) issue one or more series of revenue bonds in an aggregate principal amount not to exceed $44,000,000, including but not limited to revenue bonds issued as part of a plan to finance the Project described herein (the “Bonds”) for the acquisition and rehabilitation of a 107-unit multifamily rental housing facility (the “Project”) to be owned and operated by the Borrower and located at 3000 Augusta Street within the City of San Luis Obispo (the “City”); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the “Code”), the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds; and WHEREAS, per Federal regulations upon issuance of the Bonds, the active long-term affordability covenant with the U.S. Department of Housing and Urban Development will be extended for an additional fifty-five (55) years, ensuring affordability; and WHEREAS, the City will not be a party to any of the agreements or other documents related to the Bonds and the financing of the Project, the City will have no liability or responsibility related to the repayment or administration of the Bonds, and the issuance of the Bonds and the financing of the Project will not impose any legal, financial or moral obligation on the City; and Packet Pg. 195 Item 14 Resolution No. _____ (2018 Series) Page 2 R ______ WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purpose of the City that the Council approve the issuance by the Authority of the Bonds for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo declares as follows: SECTION 1. Approval of Issuance of Bonds. The Council of the City of San Luis Obispo hereby approves the issuance by the Authority of the Bonds for the purposes of the Code. SECTION 2. This Resolution shall take effect immediately upon its adoption. Upon motion of _______________________, seco nded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington 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 ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 196 Item 14 Meeting Date: 7/10/2018 FROM: Daryl R. Grigsby, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor SUBJECT: FERRINI RESIDENTIAL PARKING PERMIT DISTRICT EXPANSION RECOMMENDATION Adopt a resolution expanding the existing Ferrini Residential Parking Permit District as shown in Exhibit A. DISCUSSION Background SLO Municipal code sections 10.36.170 and 10.36.180 govern the designation of a residential parking permit district by Council thru resolution. In early 2018, residents of the 500 block of Cerro Romauldo Avenue contacted the City and requested establishment of a Residential Parking Permit District (RPPD) based on parking impacts generated by students and other non-local residents. Pursuant to these SLOMC sections, the following steps have been conducted between January and May 2018 in order to make a final recommendation to Council for formation of a parking district in the area: 1. Staff met with several area residents to discuss parking issues, concerns and issues associated with living in a RPPD. Residents stated existing enforcement hours for the Ferrini Residential Parking Permit District (immediately adjacent to the request area) would be sufficient to address the parking impacts they perceived. 2. Staff identified the potentially affected households, then the requestor performed informal survey of these areas to determine if the residents were in support of finding out more about the benefits and drawbacks of forming a RPPD. Sufficient support was indicated so staff then scheduled a community meeting to discuss formation issues and pros and cons of RPPD formation. 3. Staff conducted on-street parking counts on weekdays and weekends from 10 AM-4 PM to gauge occupancy issues. 4. Staff used survey and parking counts to establish the proposed expanded District and survey area. 5. Held the community meeting and subsequently mailed formal surveys to all the households in the proposed affected area of the potential expansion boundaries. 6. Staff reviewed results and determined which areas had proper support for the Packet Pg. 197 Item 15 formation/expansion of the RPPD. Figure 1 – Potential Affected Area of the Ferrini District Expansion Exhibit B provides narrative and summary tables for the car counts, informal surveys, community meeting, formal survey results, and proposed district enforcement hours Recommendation Detail Staff recommends that Council adopt a resolution (Attachment A) approving the expan sion of the existing Ferrini Residential Parking Permit District to include the residential properties located o n the 500-600 block of Cerro Romauldo Avenue and 398 Ferrini Road (see figure 2). This recommendation is based on the results of the formal survey of households, the observed parking impacts in the area, and that the area is predominately residential. Expansion Area Packet Pg. 198 Item 15 Figure 2 – Proposed Existing and Addition to Ferrini District CONCURRENCES The proposed enforcement hours of 12 AM to 5 PM, daily partially fall within the responsibility of the Police Department’s Student Neighborhood Assistance Program (SNAP). The enforcement efforts of the district will be a joint effort between Public Works and Police Department. Night time enforcement will be a smal l expansion of the current SNAP activity area however, as additional parking districts are implemented, particularly in the overnight hours, additional discussions will be necessary to ensure that adequate funding is available to perform enforcement during these hours. ENVIRONMENTAL REVIEW The recommended actions are not subject to the California Environmental Qua lity Act. FISCAL IMPACT The fiscal impact for the proposed district expansion would only be for additional household permit printing and installation of signs and sign posts and is estimated to cost the City approximately $850. A portion of these costs will be offset by the $15 per permit annual fee associated with the residential parking permits. There is no formal budget for the creation or expansion of residential parking permit districts so, if approved, the funds would come from un - appropriated Parking Fund working capital. No additional staffing would be added to Parking Services or SNAP to provide enforcement for this district expansion. Proposed Addition Existing Packet Pg. 199 Item 15 ALTERNATIVE Do not enact the expansion of the existing Ferrini Residential Parking Permit District at this time. Staff does not recommend this because there is sufficient support of more than 60% of the affected households in favor of the expansion and the expansion meets the criteria set forth in the City’s municipal code. Attachments: a - Resolution b - Exhibit with supporting documents Packet Pg. 200 Item 15 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, MODIFYING THE RESIDENTIAL PARKING PERMIT DISTRICT FOR THE FERRINI AREA OF THE CITY, ESTABLISHING DAYS AND HOURS OF OPERATION OF SAID DISTRICT AND TIME OF RENEWAL FOR A PARKING PERMIT WHEREAS, the City of San Luis Obispo received a request for the expansion of the Ferrini Residential Parking Permit District; and WHEREAS, the request was processed pursuant to Municipal Code Section 10.36.170 et seq. which requires a formal survey in which at least 60% of the households participating in the survey supported the district expansion before the request can be forwarded to Cou ncil for consideration; and WHEREAS, Council of the City of San Luis Obispo has determined that the proposed residential parking permit district area shown in Exhibit A to include addresses 537 to 695 on Cerro Romauldo Avenue and 398 Ferrini Road have petitioned to be included in the Ferrini Residential Parking Permit District; and WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the changes to the Ferrini Residential Parking Permit District and has determined that the expansion represents the desire of a majority of the households in the area and that a Residential Parking Permit District which limits parking in the area to bona fide residents is necessary to preserve the character and quality of life of the neighborhood for the residents of the district. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 10.36.170 of the San Luis Obispo Municipal Code the residential parking permit district boundaries and hours are hereby established as shown in Exhibit A. SECTION 2. No vehicle other than emergency vehicles, vehicles with commercial plates which is under the control of a person, who does not reside within the district, providing service for hire to property located in the designated residential permit parking area, including but not limited to a delivery vehicle, or vehicles having a residential parking permit clearly displayed between the windshield and the rearview mirror shall park on any street within the area from 12:00 a.m. to 5:00 p.m., daily. SECTION 3. The Public Works Department shall be directed to post the district with signs that clearly indicate these restrictions. Packet Pg. 201 Item 15 Resolution No. _____ (2018 Series) Page 2 R ______ SECTION 4. The Parking Services Division shall is sue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15th of each year. SECTION 5. Resolution Number 9426 (2003 Series) is hereby amended and superseded to the extent inconsistent herewith. 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: ____________________________________ Teresa Purrington 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 ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 202 Item 15 Resolution No. _____ (2018 Series) Page 3 R ______ Exhibit A Packet Pg. 203 Item 15 Exhibit B Car Counts Staff conducted car counts between March 28, 2018 and April 14, 2018 to determine the number of occupied on-street spaces at different times of the day and different days of the week. The data was collected on Wednesdays, Fridays, and Saturdays between 9 AM and 11 AM and again between 3 PM and 5 PM. The first week of car counts was conducted when Cal Poly was on Spring Break, the second week of car counts was conducted when Cal Poly was back in session but Pacheco Elementary School was on Spring Break, and the third week of car counts was conducted when both schools were back in session. Table 1 below shows the on-street parking occupancy per block in the potential affected area. The on-street occupancy was calculated using an average of 18 linear curb feet for each parking space. Table 1 – On-Street Parking Occupancy by Block Informal Survey Informal surveys are performed so residents in the area can express their interest in receiving additional information about residential parking permit districts. Informal survey materials including a survey ballot, map of the survey area, and a copy of the Residential Parking Permit District Information Guide brochure was provided to each of the 67 households within the potential affected area. Informal survey ballots needed to be completed and returned to the Parking Services office no later than April 18, 2018 to be included in the count. Date Time 100 Ferrini 200-300 Ferrini 400 Ferrini 500-600 Ferrini 200-300 Cuesta 100 Cuesta 500-600 Cerro Romauldo Average 3/28 10:40 AM 67% 47% 73% 65% 40% 21% 77% 56% 3/28 3:00 PM 62% 39% 67% 67% 40% 17% 31% 46% 3/30 10:00 AM 67% 45% 40% 67% 50% 21% 11% 43% 3/30 3:30 PM 67% 21% 87% 46% 21% 24% 13% 40% 3/30 10:10 AM 76% 21% 73% 44% 21% 52% 9% 42% 4/4 9:40 AM 119% 37% 67% 63% 29% 48% 56% 60% 4/4 4:20 PM 105% 42% 100% 67% 45% 66% 54% 68% 4/6 10:30 AM 129% 34% 67% 65% 45% 59% 53% 64% 4/6 3:17 AM 129% 34% 107% 60% 36% 83% 47% 71% 4/7 10:00 AM 119% 58% 60% 60% 52% 79% 63% 70% 4/7 4:24 PM 100% 39% 80% 60% 36% 69% 47% 62% 4/11 10:00 AM 124% 47% 93% 75% 48% 48% 67% 72% 4/11 4:00 PM 105% 50% 100% 79% 38% 45% 63% 69% 4/13 9:33 AM 124% 58% 100% 79% 48% 62% 69% 77% 4/13 3:15 PM 105% 47% 80% 65% 57% 59% 57% 67% 4/14 9:30 AM 105% 55% 73% 79% 55% 66% 53% 69% 4/14 4:00 PM 90% 50% 80% 69% 64% 55% 51% 66%Cal Poly Spring BreakPacheco Elementary Spring BreakBoth Schools Back in SessionPacket Pg. 204 Item 15 Of the 67 households surveyed, 24 completed and returned informal survey ballots to the Parking Services office by the above stated deadline. Table 2 below shows the breakdown of the completed and returned informal survey ballots by block. Table 2 – Informal Survey Results by Block Block In Favor Not in Favor Total % In Favor 100 Ferrini 0 2 2 0% 200-300 Ferrini 1 0 1 100% 400 Ferrini 0 0 0 0% 500-600 Felton 1 2 3 33% 200-300 Cuesta 0 1 1 0% 100 Cuesta 2 6 8 25% 500-600 Cerro Romauldo 8 1 9 89% Total 12 12 24 n/a Based on the above informal survey results, only two blocks demonstrated at least 50% of responding households were in favor of expanding the existing district to include their block; 500-600 block of Cerro Romauldo Avenue and the 200-300 block of Ferrini Road. Most of the households on the 200-300 block of Ferrini Road are already part of the existing F errini Residential Parking Permit District except for 398 Ferrini Road and 200 Ferrini Road. The households on these blocks were included in the formal survey mailing. Community Meeting On Monday, May 21, 2018, staff held a community meeting in the multi-purpose room at Pacheco Elementary School. The purpose of the meeting was to provide information to residents and answer questions regarding the Residential Parking Permit District process, the request to expand the existing Ferrini Residential Parking Permit District, and any general parking-related questions. 11 residents attended and signed-in at the community meeting. Formal Survey Results On Tuesday, May 22, 2018 staff mailed each of the 12 households within the proposed expansion boundaries an introduction letter, a formal survey ballot, a copy of the relevant City ordinances, and a return envelope. Formal survey ballots needed to be completed and returned to the Parking Services office no later than June 11, 2018 to be included in the count. Of the 12 households surveyed, 9 completed and returned formal survey ballots to the Parking Services office by the above stated deadline. Table 3 below shows the breakdown of the completed and returned informal survey ballots by block. Packet Pg. 205 Item 15 Table 3 – Formal Survey Results by Block Block In Favor Not in Favor Total % In Favor 200-300 Ferrini 1 0 1 100% 500-600 Cerro Romauldo 7 1 8 88% Total 8 1 9 89% The City’s municipal code that governs Residential Parking Permit Districts require that at least 60% of the completed and returned formal surveys must be in favor of the expansion for the request to be forwarded to Council for consideration. With an avera ge of 89% of the households in favor of the expansion, the 60% threshold has been met. Proposed District Hours The proposed enforcement hours of 12 AM to 5 PM daily, are the same enforcement hours as the existing Ferrini Residential Parking Permit District. The enforcement efforts of the district will be a joint effort between Public Works and Police Department. Night time enforcement will be a small expansion of the current SNAP activity area however, as additional parking districts are implemented, part icularly in the overnight hours, additional discussions will be necessary to ensure that adequate funding is available to perform enforcement during these hours. Packet Pg. 206 Item 15 Meeting Date: 7/10/2018 FROM: Michael Codron, Community Development Department Director Prepared By: Shawna Scott, Senior Planner SUBJECT: REQUEST TO MODIFY A CONDITION OF APPROVAL AND MEMORANDUM OF UNDERSTANDING TO ALLOW FOR THE SHORT- TERM RENTAL OF SIX RESIDENTIAL UNITS IN THE GARDEN STREET TERRACES (HOTEL SERRA) PROJECT (MOD-1499-2018; 736 MARSH STREET) RECOMMENDATION Deny the applicant’s request to modify Condition of Approval #11 (Resolution No. 10504) and the project’s associated Memorandum of Agreement, based on the findings presented in the Draft Resolution (Attachment A). REPORT-IN-BRIEF The final design of the Garden Street Terraces project was approved by the City Council in March 2014. The 2014 resolution documenting final design approval of the project includes t he following condition: “The 8 residential units in the project shall be exclusively used for residential purposes and not converted to transient lodging.” In association with the project approval, a Memorandum of Agreement (MOA) was required to provide fo r the 99-year lease of Public Parking Lot 2, which was previously located within the project site. The MOA requires no fewer than eight residential units within the Garden Street Terraces project. The applicant, Garden Street SLO Partners, LP, is requesting a modification to condition of approval #11 and the MOA in order to allow six of the eight approved residential units to be utilized as short-term rental units in association with the Hotel Serra component of the Garden Street Terraces project (Attachment B). If the City Council approves the applicant’s request, the Ground Lease Agreement would also need to be amended to allow for the modified use of the condominium units (Attachment H). Staff is recommending the City Council deny the applicant’s request based on inconsistency with: (1) the findings of approval for the project; (2) the project objectives as stated in the Final Environmental Impact Report (Final EIR) for the Garden Street Terraces project; (3) the California Environmental Quality Act (CEQA) Statement of Overriding Considerations adopted in association with the City Council’s approval of the project; and , (4) General Plan policies as described further in this agenda report. DISCUSSION The Garden Street Terraces project was initially appro ved by the City Council in June 2010 (Attachment C, Resolution 10182, Final Environmental Impact Report and Project Approval and Attachment D, Resolution 10183, Use Permit and Vesting Tentative Tract Map) and November Packet Pg. 207 Item 16 2011 (Attachment E, Resolution No. 10312, Architectural Design). The initial project analyzed in the Final Environmental Impact Report (EIR) included a total of 34 residential units, and this number was subsequently reduced to eight residential units through review and approval of the revised project design in 2011. Following further re-design of the project by the applicant , which included reductions in height and massing, the City Council approved the final design of the project in March 2014 (Attachment F, Resolution No. 10504). The 2014 resolution documenting final design approval of the project includes the following condition: “The 8 residential units in the project shall be exclusively used for residential purposes and not converted to transient lodging.”1 In association with the project approval, a Memorandum of Agreement (MOA) was required to provide for the 99-year lease of Public Parking Lot 2, which was previously located within the project site (refer to Attachment G).2 The MOA requires no fewer than eight residential units within the Garden Street Terraces project. The applicant and the City subsequently executed a Ground Lease agreement, which was based on the MOA (Attachment H, Signed Ground Lease). Ground Lease Section 1.8 (Tenant’s Approved Use of the Premises) specifically states that the approved use of the leased premises shall be for the development of the project , which shall consist of condominiums, “…which shall consist of not less than eight (8) such residential units…”.3 The applicant, Garden Street SLO Partners, LP , is requesting a modification to condition of approval #11 and the MOA in order to allow six of the eight approved residential units to be utilized as short-term rental units in association with the Hotel Serra component of the Garden Street Terraces project . The applicant’s stated reasons for this request are to “assist the owner/developers with shouldering the unanticipated overall and mounting project costs” and provision of “additional revenue to the City, via increased transient occupancy taxes” (refer to Attachment B, Applicant Request Letter). Staff is recommending the City Council deny the applicant’s request based on inconsistency with: the findings of approval for the project ; the project objectives as stated in the Final Environmental Impact Report (Final EIR) for the Garden Street Terraces project ; the California Environmental Quality Act (CEQA) Statement of Overriding Considerations adopted in association with the City Council’s approval of the project ; and General Plan policies, as described further in this agenda report . Staff Analysis The approved and entitled project, currently under construction, includes the following: • Retail (20,542 square feet) • Hotel/restaurant (64 hotel rooms, 46,630 square feet) • Trash room/ground floor circulation (3,563 square feet) • Residential flats (Condominium Units) (8 units, 8,640 square feet) • Parking (41 spaces, 14,050 square feet) 1 Resolution No. 10504 Condition of Approval #11 2 MOA Section 2.2 Residential Units 3 Ground Lease Section 1.8.2 Condominiums Packet Pg. 208 Item 16 The applicant is requesting Council’s approval to allow Residential Flat s #1 through #4, #5, and #84 to be constructed and used as short-term rental units (i.e. hotel rooms). This would leave only two units as residential units. Inconsistency with Findings for Approval The findings for approval of the initial project included the statements identified below. Although the architectural design and associated subdivision of the property have been modified through subsequent review processes since 2010, these findings and statements are relevant to the project currently under construction, as they support the intent for requiring the eight residential units as a specific condition of approval, as documented in the resolution approving the final design of the mixed-use project. • The mixed-use project is consistent with the General Plan and community goals for the following reasons: “Provides housing downtown interspersed with commercial uses to help balance jobs and housing in the community” (Attachment D, Resolution No. 10183, Mixed-Use project Finding 2c). • The design of the originally-approved vesting tentative tract map, allowing for an airspace subdivision, was determined to be consistent with the General Plan because “the project will incrementally add to the City’s housing inventory” (Attachment D, Resolution No. 10183, Subdivision Findings). Implementation of the applicant’s request would further reduce future housing stock in the Downtown Core, which would be inconsistent with the initial findings for approval of the mixed - use project. As the number of residential units was previously reduced from 34 to eight, staff does not recommend a further reduction in order for the project to remain consistent with these initial findings. Inconsistency with Final EIR and Statement of Overriding Considerations As documented in the certified Final Environmental Impact Report (EIR) for the Garden Street Terraces Project (State Clearinghouse No. 2007071062)5, a major objective of the project is to “e xpand housing opportunities in the downtown” (Final EIR Volume 1, Section 1.2 Project Objectives, page 1-2). As noted above, the project analyzed in the Final EIR included a total of 34 residential units, and this number was subsequently reduced to eight residential units through review and approval of the revised project design and associated environmental review.6 Statements present in the Final EIR, which support inclusion of housing within the project, include the following: • “The nature of the proposed project, which is an urban infill project, includes locating housing in the Downtown Core, which would reduce vehicle miles traveled and may reduce vehicle trip length over a similar type of project constructed on the fringe of the City” (Final EIR Volume 1, Greenhouse Gases and Global Climate Change page ES-55). 4 Addresses 1130 Broad Street #201, #202, #203, #204, #301, and #304 5 Garden Street Terraces Project Final EIR available online: http://www.slocity.org/government/department- directory/community-development/documents-online/environmental-review-documents/-folder-731 6 Addendums to the Final EIR dated September 2011 and February 2014 Packet Pg. 209 Item 16 • “The revised project in itself is a large mixed-use development that would provide housing opportunities, including limited affordable housing, as well as increased employment. Although the project would create more jobs than residences, it still ultimately moves toward the City’s goal of increasing housing supply as well as providing downtown housing. Therefore, impacts to population and housing would be less than significant ” (Final EIR Volume 1, Chapter 4.0 Other CEQA Sections, Section 4.3.3 Population and Housing, page 4-4). • “The nature of the proposed project, which is an urban infill project, includes locating housing in the Downtown Core, which would reduce vehicle miles traveled and may reduce vehicle trip length over a similar type of project constructed on the fringe of the City” (Final EIR Volume 1, Chapter 5.0 Cumulative Impacts, Section 5 .3.2.1 Greenhouse Gases and Global Climate Change, page 5-11). The Statement of Overriding Considerations, which was adopted by the City Council in association with certification of the Final EIR for the project, included the following: the project would “provide housing Downtown interspersed with commercial uses to help balance jobs and housing in the community” (Attachment C, Resolution No. 10182, Final EIR Finding 6d). Implementation of the applicant’s request would further reduce future housing stock in the Downtown Core. As the number of residential units was previously reduced from 34 to eight, staff does not recommend a further reduction in order for the project to remain consistent with the project objectives and Statement of Overriding Considerat ions. Inconsistency with the General Plan As summarized in Table 1 below, the proposed request to further reduce the number of residential units within the Garden Street Terraces project is not consistent with several Land Use and Housing Element programs and policies that call for a jobs/housing balance within the City, development of additional housing within the City, and provision of residential uses in the Downtown and on City-owned property. Table 1. Inconsistency with the General Plan General Plan Program/Policy Inconsistency Determination Land Use Element Policy 1.5. Jobs/Housing Relationship. The gap between housing demand (due to more jobs and college enrollment) and supply should not increase. Implementation of the proposed request would further increase the job/housing gap by providing additional hotel units and fewer residential units. Policy 4.2. Downtown Residential. Downtown is not only a commercial district, but also a neighborhood. Its residential uses contribute to the character of the area, allow a 24-hour presence which enhances security and help the balance between jobs and housing in the community. Packet Pg. 210 Item 16 General Plan Program/Policy Inconsistency Determination Policy 4.2.1. Existing and New Dwellings. The City shall use the following when evaluating development in the Downtown area: A. Existing residential uses within and around the commercial core should be protected, and new ones should be developed. B. Dwellings should be provided for a variety of households. C. Dwellings should be interspersed with commercial uses. D. All new, large commercial projects should include residential uses. Implementation of the proposed request would reduce the number of previously-approved residential units and would reduce residential variety in the Downtown by creating a development with 70 hotel rooms and only two residential units. Policy 4.20.2. Upper Floor Dwellings. Existing residential uses shall be preserved and new ones encouraged above the street level. This new housing will include a range of options and affordability levels. Implementation of the proposed request would reduce the number of previously-approved residential units and would reduce residential variety in the Downtown by creating a development with 70 hotel rooms and only two residential units. Housing Element Program 3.10. Continue to encourage the creation of dwellings in the Downtown Core (C-D Zone) and the Downtown Planning Area by continuing the "no net housing loss" program, consistent with Chapter 17.86 (Downtown Housing Conversion Regulations) of the Zoning Regulations. The proposed request would result in a loss of approved housing, currently under construction, within the project. Policy 5.3. Encourage the development of housing above ground-level retail stores and offices to provide housing opportunities close to activity centers and to use land efficiently. Implementation of the proposed request would reduce the number of previously-approved residential units and would reduce potential housing options close to activity centers in the Downtown. Program 5.5. Review new developments for compliance with City regulations and revise projects or establish conditions of approval as needed to implement the housing variety and tenure policies. Implementation of the proposed request would be inconsistent with the initial approvals for the project, which specifically required a minimum of eight residential units within the project. Policy 6.2. New commercial developments in the Downtown Core (C-D Zone) shall include housing, unless the City makes one of the following findings: A) Housing is likely to jeopardize the health, safety or welfare of residents or employees; or B) The property’s shape, size, topography or other physical factor makes construction of new dwellings infeasible. The proposed request does not meet the provisions identified in the required findings, because provision of housing would not jeopardize health, safety or welfare of future residents and it has been determined that provision of the eight residential units is feasible. Packet Pg. 211 Item 16 General Plan Program/Policy Inconsistency Determination Policy 6.5. When sold, purchased or redeveloped for public or private uses, City-owned properties within the urban reserve shall include housing as either a freestanding project or part of a mixed-use development where land is suitable and appropriate for housing. As a portion of the site consists of City-owned property, and as required by the MOA, the project was required to include a minimum of eight housing units. Further reducing the number of units would be inconsistent with this policy and the MOA. CONCURRENCES The Finance Department concurs with Staff’s recommendation and findings for denial. ENVIRONMENTAL REVIEW Pursuant to State CEQA Guidelines Section 15270 (Projects Which are Disapproved), “CEQA does not apply to projects which a public agency rejects or disapproves”. Therefo re, no environmental review is required. If the Council gives direction to staff that it intends on approving the modification, further environmental analysis will be needed to evaluate that change. FISCAL IMPACT Denial of the applicant’s request has no fiscal impact on existing conditions, as the project and associated MOA were previously approved. As documented in the applicant’s statement, provision of six additional hotel units would generate $78,292.50 annually in transient occupancy tax, and $15,658.50 in tourism business improvement district assessment monies (Attachment B, Applicant Request Letter). While these additional taxes and assessments may represent an opportunity, the City’s General Fund forecast d id not consider the revenue. ALTERNATIVE 1. Continue the hearing to a date certain or uncertain, and direct staff to prepare findings of approval for the applicant’s request, including associated environmental documentation and preparation of a revised MOA and 99-year lease of Public Parking Lot 2. This Alternative is not recommended based on Staff’s determination that the request is not consistent with the initial approvals and Statement of Overriding Considerations for the project and identified inconsistencies with the City’s General Plan and major City goals and policies to provide additional housing within the City and Downtown Core. Packet Pg. 212 Item 16 Attachments: a - Draft Resolution b - Applicant Request Letter c - Resolution 10182 d - Resolution 10183 e - Resolution 10312 f - Resolution 10504 g - Memorandum of Agreement h - Signed Ground Lease Packet Pg. 213 Item 16 R ________ RESOLUTION NO. (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPLICATION FOR A MODIFICATION TO A CONDITION OF APPROVAL AND ASSOCIATED MEMORANDUM OF AGREEMENT THAT WOULD ALLOW FOR THE SHORT-TERM RENTAL OF SIX UNITS WITHIN THE APPROVED GARDEN STREET TERRACES PROJECT LOCATED AT 736 MARSH STREET (MOD-1499-2018) WHEREAS, on July 10, 2018 the City Council of the City of San Luis Obispo considered a request from Garden Street SLO Partners, LP, applicant, to modify Resolution No. 10505 Condition of Approval #11 to allow for the short -term rental of six residential units, and to modify the Memorandum of Agreement and associated 99-year lease of Public Parking Lot 2; WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendat ions by staff. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The California Environmental Quality Act does not apply to projects that a public agency rejects or disapproves (State CEQA Guidelines Section 15270). Packet Pg. 214 Item 16 Resolution No. _____ (2018 Series) Page 2 R ________ SECTION 2. Action. The City Council of the City of San Luis Obispo hereby denies the request to modify project conditions of approval and the associated Memorandum of Agreement. The City Council finds that the request is inconsistent with the findings of approval for the project; is inconsistent with the project objectives as stated in the Final Environmental Impact Report (Final EIR) for the Garden Street Terraces project; is inconsistent with the CEQA Statement of Overriding Considerations adopted in association with the City Council’s approval of the project; and is inconsistent with Land Use Element and Housing Element policies regarding the jobs and housing balance and provision of a variety of housing types within the City and the Downtown Core. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 10th day of July 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington, 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 ______________, 2018. ____________________________________ Teresa Purrington, City Clerk Packet Pg. 215 Item 16 Packet Pg. 216 Item 16 Packet Pg. 217 Item 16 Packet Pg. 218 Item 16 Packet Pg. 219 Item 16 Packet Pg. 220 Item 16 Packet Pg. 221 Item 16 RESOLUTION NO. 10182 (2010 Series) A RESOLUTION OF CITY OF SAN LUIS OBISPO CERTIFYING THE FINAL EIR FOR THE GARDEN STREET TERRACES PROJECT AND APPROVING THE REDUCED DEVELOPMENT AND PROJECT WITHOUT PUBLIC PARKING SPACES ALTERNATIVES AS THE REQUIRED PROJECT (ER 124 -06) 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 February 24, 2010, for the purpose of considering the Final EIR for the Garden Street Terraces Project (ER 124 -06); and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the Final EIR; 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 June 1, 2010, for the purpose of considering Application ER 124 -06; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Final EIR was reviewed and considered by the City Council after extensive review by City staff and other agencies, and with the comments of the concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council has concluded that the Final EIR (ER 124 -06) for the Garden Street Terraces Project adequately identifies the project's potentially significant impacts, alternatives to the proposed action, and recommended mitigation measures, based on the following findings: 1. The Final EIR was prepared in compliance with the California Environmental Quality Act CEQA) and was considered by the City prior to any approvals of the project. R 10182 Packet Pg. 222 Item 16 Resolution No. 10182 (201 0'seri es) Page 2 2. The Final EIR reflects the independent judgment of the City. 3. For each significant effect identified in the Final EIR under the categories of Aesthetics and Visual Resources, Air Quality, Cultural Resources, Geologic Resources, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning Policies, Noise, Energy, Transportation and Traffic, Utilities and Public Services, and Cumulative Impacts the approved mitigation measures contained in the Final EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. 4. The significant effects identified in the Aesthetics and Visual Resources, Air Quality, Cultural Resources, Short-term Construction Noise, and Cumulative Impacts sections of the EIR will not be fully mitigated to a degree of insignificance with the incorporation of all of the identified mitigation measures included in the EIR. 5. The City Council finds that the unavoidable and significant adverse environmental effects of the project as proposed are unacceptable, but may be addressed and reduced to acceptable levels through project redesign that more closely adheres to the design features outlined in the Reduced Development Alternative and the Project without Public Parking Spaces Alternative. Although redesign to reflect these alternatives would not mitigate all significant Aesthetics and Visual Resources, Air Quality, Cultural Resource, Short-term Construction Noise, and Cumulative Impacts to a level of insignificance, the Council finds that these impacts would be reduced to acceptable levels and makes a statement of overriding considerations for those significant and unavoidable environmental impacts because: a. Mitigation measures are identified in the Final EIR Reduced Development Alternative that would apply to help reduce project impacts to the historic and visual resources of Garden Street and their contribution to the character of the Downtown Core and Downtown Historic District, particularly through the rehabilitation of all on -site historic buildings consistent with the Secretary of the Interior's Standards for the Treatment of Historic Resources and greater upper story building setbacks. b. Mitigation strategies are identified in the Final EIR to help reduce project emissions and ultimately put the air basin in closer compliance with established State and federal standards. c. Mitigation strategies are in place in the event that Mission -era burials are encountered as a result of subsurface grading and excavation that are consistent with State law and have been reviewed and endorsed by the Cultural Heritage Committee. d. The unavoidable adverse impacts associated with the loss of historical structures have been reviewed by the Cultural Heritage Committee and their specific recommendations regarding proposed demolitions and incorporation of appropriate and feasible mitigations has been reviewed and considered. Packet Pg. 223 Item 16 Resolution No. 10182 (2010 series) Page 3 e. The unavoidable adverse impact of construction noise is temporary in nature and can be substantially mitigated by implementation of a construction management plan that regulates the hours of construction, noise reduction measures, and a complaint resolution process, consistent with recommended mitigation measures. f. The unacceptable mixing of public and private parking and the long -tens management problems that could arise would be addressed through a redesign that would make proposed parking exclusively private and the replacement of lost public spaces through the payment of parking fees. g. The cumulative impacts addressed in the EIR may result in significant impacts to Air Quality and Noise. A series of mitigation measures to reduce these impacts have been included in the EIR, and future projects that may add to the cumulative impacts will provide additional mitigation. 6. The City Council has identified the following overriding economic, social, and other public benefits of the project, which are additional reasons that the significant and unavoidable impacts identified in the Final EIR for approval of a combination of the Reduced Development and Project without Public Parking Spaces Alternatives can be found acceptable; these are: a. In conformance with the City's General Plan policies and community goals, maintain and enhance the Downtown area as the commercial and social center of the City by converting surface parking lots to more economically productive uses which would not be achievable without private capital and investment; b. Provide expansion space for existing businesses and opportunities for new businesses to locate in the Downtown area by creating new retail, restaurant and hotel space which produce further tax dollars to keep the Downtown vital and the center of the community; c. Include an on -site, private parking structure and/or payment of in -lieu parking fees to provide adequate off - street parking to meet the demand of on -site uses; d. Provide housing Downtown interspersed with commercial uses to help balance jobs and housing in the community; e. Provide for improved pedestrian amenities via the project's pedestrian streets and paseos; f. Improve business synergy by creating incentives for other property owners to seek improvements to their own sites and increased revenues and foot traffic; and g. Rehabilitate all on -site historic buildings consistent with the Secretary of the Interior's Standards for the Treatment of Historic Resources. Packet Pg. 224 Item 16 Resolution No. 10182 (2010aen'es) Page 4 The data to support these overriding factors are found in the following sections of the record including: 1. The Final Environmental Impact Report; 2. Letters submitted by the public contained in the project files; 3. Public testimony provided at this and previous project hearings; and 4. The applicant's presentation. 7. The Mitigation Monitoring Program has been reviewed by the City Council in conjunction with their review of the Final EIR. SECTION 2. Certification. The City Council does hereby certify the Final EIR for the project with all mitigation measures as amended in attached Exhibit A. Upon motion of Council Member Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this I` day of June 2010. poAr VA 0W1*16 Elaina Cano City Clerk APPROVED AS TO FORM: 1 )6` J Stine Dietrick City Attorney Packet Pg. 225 Item 16 EXECUTIVE SUMMARY CR yy a y bR p OLr, u Gi O TR y uR Q R O RC iiRu 1— R a u y CIA U v rl 11 VI W a, R F L ES -14 Garden Street Terraces Project Final E!R F U C t N 0 O r^ r. R d N . p C R 'N E VN O 0 0 E_ 'ca Ca''J 0 U NC' E > w C O p R 4 O t0 b N T cE ca —p 2 E ru- -r- ca p r— 3 g °cb.5 0 v E 0 v ° 'g o r V C mdJucE N c>CvQr. ow U E dU G U' y a Ga O O O V r 0 . 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Qe+i a J E 3 N A A r a o w o J J ES -14 Garden Street Terraces Project Final E!R Packet Pg. 226 Item 16 cc F vn v a 0 vd ao i wo 0 y uee e O i u r [ u w H .r y [ U v W 3 cc i EXECUTIVE SUMMARY u FBI a O O > E o C y b, o ° C y E >1.0 > a by N ? N d .E y 3 N y v O W. o3yoo 0a, ,o.- 1= 'off 00 tm . C4 C L O N yO A° C C L N roo tt C ? a° • J ° G g .. O E 3 ' 9 v " T y = ,o c O N 7v 0 . Q a cc ° a w v " -0 Cc v o N 0. CO w Z OU00 o' C N O 000 0.W O M C1:6 0) e Q1IaoO - " = p2hyOOCw O a6,. Ce. '- gyp n > d o' C a • oaC C C o o Nt Q . U ` E R a aLO , = g s wc y ° o' • y 3 N C AC . '0O U U m a N oO3 a NQ4Na1NE x m = ' N rN LL 0CaU ' ` E O g kn 4 ^o O 0 F° z EocU— w cwon .d > W t y cvA (7x 0 cvyma- on cE Qyw °o a o o CE2 0hwb. _ a A C O O . E> Q O Fa U u .O o s 3 °- Q o u c0' U O y N y 'b y : ti 1J a y m is C C V C 0 y cN c b O .^ ) ' O y m. w 3 ' R C . Wis W oC L N Ll 0 0 oo a C y O Caoo — u C w ai 0 ? C N aA a > ca E v N O OC 'D N d V C U N p > O O O QN m bDCOO b . p0 g O O y — N b ,> 17jO O " 0 RN — yOU 8 Q zU n o 0 N - 0 O w Q C. e • • • • e o e • • a+ V 8 Garden Street Terraces Project Final EIR ES -15 Packet Pg. 227 Item 16 OR F yh a 0 i 1115V F a I 1 Q GC a 0 R y uR G RC O RC C 7 o o v H 1 h c r R RGe ..y U v r; 1 W R Z EXECUTIVE SUMMARY.. IV GMM We0 N x X h U 3$ m 0 R.NwOf/I U . O ° Eoo Q > ° °d E °' ro 0 0 T A L d E V .0 a 0. •G row p w G p v o 0 N r " y •' 4 ° d 0V E N a o Noo u .- oa N E o pEL y °' a m k nc .a. i d roC]Eo y > i a + CL ° ° G w c ,c w U U o -0 o , dWOUE -0 re c m c y ' O3 u zoe O O V N O> 44 g q. co u . 0 ca 5 O N N O U p C ao ic i s ' . 3 S ro ° 3 ' F a K oG n Q L Cal , _ 3 U aE F T E ' oc - n 3L U : y ° .' F a N O. c y a C ,o ° .° c3 o o c y y fE - ro - .:° . ° ro ai S cU L .." aa i w w cE L ° . N ° , o a ^ •. c ° c y ? o p ° rov c v E s :,= o ° d O , iC •• 3> ° ° . NLa. E oa "0 r w Q o X> p U W 4 d «y o "o O > N Lyo O ° L. 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CO Lu0.,o 0 ° ° c p 3 > cvx C V w T y y C cx o.E 0 c 0 0 ° E U C c =° 3 y E> 3 —0aUiE ° A q °o C. o 3 0. d N J> C «> . 7 C p> p y O04 y 'fl `F3 y •G 'C 'C •° w w Ca 0.O 0 ,J y . , y oCq oq.= a A 0. 0 0 V o00 +- O ca ohl 00 m V mCpoam0$ LE o o A > o U .o .4 Q TC U U 0 CO Y :r Vi V V AQO0. 0 'yV C 9 C O UO lz L17 0- O E iC m L U r co NU L y Dm - CV, cC y O 0 t O E GO iO 2 L O_ 0> U>V C C moo C > W L 'fl C 0 A O U Cy a ao ° 0. ° ti a Lc 0 a aoon a E6 . sa v o cc a. 00 QJ Q ' 0oooa d G n y 0 t . 0 c D o 0 w n.o U _ y U ao0.2 ' y o je d O v A 0 u q 4. m s o g s o ° Q- a°' A m ,110 m m o cc 00 0 VEa w& y 0 Ew'• S 3oov ' c O V U v 0. N Ci > aUi 0 0y O m u i a^ aGV> J O n w o o n O ' U o s E w 0E U y - 0 C O E0E Y Ai A A a t d M O V C C . '- C J m . p 0 0 0 aTO . y 0 O 0 O C 3 s. cC W o y v t v N 0 00 S 0 U Y3o o U" ri 0 E a p • U oD0 y y 0 z C v ' pv U o U a H0 = o o s vdH w c n a o ,, 0. a 0 0 v . o vV wC 72 ow ' f ° °> ° yE` UL C Ac 0U c_ o p yh0 ° 06 r> v ~ uU0. V Co to cu 2 Ucso ° 3 ao 0. G. O 7r. 0 0 O C 0 0 D u 'y0. m O V ca C V CJ 0 0 y_ 7 O [ h •^ V V o a Ia ?? ou 3 y ^ E m R ^y y U V C m VlC 0 -0 0..o n 'E 0NCV ,W C ccVcah i C2flOC 0. 7 F v E w V en E a o0 0 0 i U Garden Street Terraces Project Final EIR ES -21 Packet Pg. 233 Item 16 R a y a 0Gr, i.Q 0 aR Rs by+ uRO, u R 0 RC C vO oD y y a a.. u rl V1y U 'v W u 3 R EXECUTIVE SUMMARY w X O O r, _ L y X L Oq O cC0 — N D Oq 7— 0 7 o o G p Ln v Ezc . •5 - 4) Ea 0 c 0 E m 5.0 'o Ors° c ,E, _5 oLo-0 --MOC 7 ] = coU m e 0. d d r= t7 0.- c` .5 ^ m .` o h b o f c o° 0 y C °? o LQ 5 c 0 0 0 r. + ^ E °f o EL9U o y v° Q c E 0.— 0 giy v p a N y . y O ° 0 = O o 05 .G p m O O c w LnO .0 O O C3 0 .0 ^ L n E. Oc - o . 0 0 c . y ° C c m+ b co ° I V . Q o .3 4. ? L- v > o ¢ v °° °° 0. o c w o v 3 U ° A i. L C . 4) / a Cc 0 0 00 p .9 s y O O "b C6 0 E c UO 7 0 ( > EL ti ° 0cE O o s O mr- 0 . CY O O - pG: d NL ° Si R p 0 V .L > ( G p ^ 0 ° c >, r- m v m° E ° 0 .0 ^ U o A o " 0 5 o o r 0ejpCn00 — p e0 a 0 y 0 m U V O N 0 0- Oc O E ° Uu °° ° A ° U c a -°" o o° 'd tti v ° oc o o C- m 0 >, F " y- c vcn .o v o o 'o 0c0pApc b x ayvroao ° c O 0 t= 0 v o a0UuMEEat _ ° U'.i0U .m o.NO N ay 0 d 0.bnr M. n ° y tl cV • • G U r U 8 wo C ci0 . o a"i ' o R 3 E U U U V 0OO os n.^ o ° o i o sE ° 03: d'O OA ••G Oc E rr y b o E ^ H R C4' o u. o o :° n moNCVlUp N O U 3ap A0c. y30tTLVi O0 w X O O r, _ L y X L Oq O cC0 — N D Oq 7— 0 7 o o G p Ln v Ezc . •5 - 4) Ea 0 c 0 E m 5.0 'o Ors° c ,E, _5 oLo-0 --MOC 7 ] = coU m e 0. d d r= t7 0.- c` .5 ^ m .` o h b o f c o° 0 y C °? o LQ 5 c 0 0 0 r. + ^ E °f o EL9U o y v° Q c E 0.— 0 giy v p a N y . y O ° 0 = O o 05 .G p m O O c w LnO .0 O O C3 0 .0 ^ L n E. Oc - o . 0 0 c . y ° C c m+ b co ° I V . Q o .3 4. ? L- v > o ¢ v °° °° 0. o c w o v 3 U ° A i. L C . 4) / a Cc 0 0 00 p .9 s y O O "b C6 0 E c UO 7 0 ( > EL ti ° 0cE O o s O mr- 0 . CY O O - pG: d NL ° Si R p 0 V .L > ( G p ^ 0 ° c >, r- m v m° E ° 0 .0 ^ U o A o " 0 5 o o r 0ejpCn00 — p e0 a 0 y 0 m U V O N 0 0- Oc O E ° Uu °° ° A ° U c a -°" o o° 'd tti v ° oc o o C- m 0 >, F " y- c vcn .o v o o 'o 0c0pA pc b x ayvroao ° c O 0 t= 0 v o a0UuMEEat _ ° U'.i0U .m o.NO N ay 0 d 0.bnr M. n ° y tl cV • • ES -22 Garden Street Terraces Project Final EIR G N G. O M N SNr VL b U yR 3 E U U U V 0OO G 0 N w C d'O OA ••G Oc E rr b o E ^ H R 0. 7 +47 OL -0 V) cN0d cam+ L E ° ti c or`U o rx ocn ° N 5 a ES -22 Garden Street Terraces Project Final EIR Packet Pg. 234 Item 16 0 yy C rp E w a GT, v O 0 C Q 7uC L: a+ b0 Y R a u y vro 4 i W R a EXECUTIVE SUMMARY 0 40 ,C O _ C O w y d5 0 A ' cQ m C 3 . y a = n k W a cS'° ' a v j ° p N .0 o t 0 s ti o k > 0 w . w ^ *6 2 ? o ; c Od ' C O EY ° •J .5oCU - Ur. ° .0 w 7. a = - L E 04 L Q Q 0 C O U 5 ° G o f Q N 5 c Ca ° O G C ° Ed0M3sao d O ° s v OU U 0 ny Oy b0 A ." a, C r'- o d M ao3 c " c V ib y ppx or 0' 0 q : 5 0 3 y A .•. •c . V 7 • 5 y ,c - d :: y v v wJ .+ A U A ° .a t s+ O O d 5.?br0 y `°V°ra:$U . 0_ ay0a c_.ygUa a 7 .S °' C • a`°' i C 0- 0 ,W 0 5 0. 0 Oi 00 w '0 0 -°O > G O .. >, 3 , •N 0 r. 0 o Jr ? °° v a d > m C 0 ° 3 > d o V7oti0 • r 'U aQ ooCp °°' C •° c .o c Z 5 a.'- c o A v o E o ma o5 a c oc-0 0 U° -5 w c U v) = 0 on Uy aabD 0 0 °c U0 * O'a V 00 1.i •3 iC .Q 7 p, ;O .p, a U •y, c 0 N. O O > 4 > . m on 0 0 3 5 ° ° , ou . C o . 5 w p Y z U 0 x c«. ° y c c m aLn y° 0 5 U 0 ' Q o y flo 2 > CM0 U .• c t3 ta V o 5 = c0o3woxQ ° o m a.° 0. 5 ° w > OOv° 0 8 mOC OCa R N Q — p h G a0 9 110 r- 0w C .Z , O r— 0 o o E.2 to von10o .D m Z v 5 m A a Q U o ' 0SoUda "a U m osU v a 0 v W °' U° a N 0. Q-0 ge. Jw:rwHx O• U cA cc CO a Qa y 03 0 0. 02 °? i bN O O AhU v k O O O 1] U 4? Y O r- U m CL E 0 c a aQi , o p V U v co 3 U r o H ^ orz 0 p U Oq ti U•5 R°:x Garden Street Terraces Project Final E!R ES - 23 c U c0U m Cd v$= y H c' 0 Q u.nE4 O vL0 = M a O ' O d4 y X c p cQa ° a0i 'r ° U a Mm0ai N m° 5 b d ` on t,' ,o ai > rz o w o U• c y y QE EXECUTIVE SUMMARY 0 40 ,C O _ C O w y d50 A ' cQ m C 3 . y a = n k W a cS'° ' a v j ° p N .0 o t 0 s ti o k > 0 w . w ^ *6 2 ? o ; c Od ' C O EY ° •J .5oCU - Ur. ° .0 w 7. a = - L E 04 L Q Q 0 C O U 5 ° G o f Q N 5 c Ca ° O G C ° Ed0M3sao d O ° s v OU U 0 ny Oy b0 A ." a, C r'- o d M ao3 c " c V ib y ppx or 0' 0 q : 5 0 3 y A .•. •c . V 7 • 5 y ,c - d :: y v v wJ .+ A U A ° .a t s+ O O d 5.?br0 y `°V°ra:$U . 0_ ay0a c_.ygUa a 7 .S °' C • a`°' i C 0- 0 ,W 0 5 0. 0 Oi 00 w '0 0 -°O > G O .. >, 3 , •N 0 r. 0 o Jr ? °° v a d > m C 0 ° 3 > d o V7oti0 • r 'U aQ ooCp °°' C •° c .o c Z 5 a.'- c o A v o E o ma o5 a c oc-0 0 U° -5 w c U v) = 0 on Uy aabD 0 0 °c U0 * O'a V 00 1.i •3 iC .Q 7 p, ;O .p, a U •y, c 0 N. O O > 4 > . m on 0 0 3 5 ° ° , ou . C o . 5 w p Y z U 0 x c«. ° y c c m aLn y° 0 5 U 0 ' Q o y flo 2 > CM0 U .• c t3 ta V o 5 = c0o3woxQ ° o m a.° 0. 5 ° w > OOv° 0 8 mOC OCa R N Q — p h G a0 9 110 r- 0w C .Z , O r— 0 o o E.2 to von10o .D m Z v 5 m A a Q U o ' 0SoUda "a U m osU v a 0 v W °' U° a N 0. Q-0 ge. Jw:rwHx O• U cA cc CO a Qa y 03 0 0. 02 °? i bN O O AhU v k O O O 1] U 4? Y O r- U m CL E 0 c a aQi , o p V U v co 3 U r o H ^ orz 0 p U Oq ti U•5 R°:x Garden Street Terraces Project Final E!R ES - 23 Packet Pg. 235 Item 16 aR Hhu a b 0Gr u 0 R Rsq y uR 4 Rb O C C 7 O h 1 Y c. a R y G U 'va r1 W R F EXECUTIVE SUMMARY.: i w Ca C 0 3 o •V, 'o W 0 O O C Q/ .Q W U ro = U `°' v° °c b sisW' 0 0 y CO O v E E " ° oo ° 0 o r— = b caxs•o =ys 0 0° E'O L U N O D U a> 0 3 A o> O H x U E Y y oA 01 0 r. y^ N U 1C C r l00 fC0 . .UL. ,. ,' v) o O X W " 0 E op a0i W° s s p y m o L U0 i O O ° a H.5 s A w C w a0i C C ay U L r o 4+ ;: V... O U v O E O p E .- a m. a> = o c 0 3 v y A L y U a to - L x-0 c^ ° o o L d y y c d a s ai o' A 3 y y °' c' C -°' °= v .0 3 . E a a o °' v" E 00 0 0 ©• _ d= . c°i'a RWV_a' n o°n o 6 5.°° a o'=y °EUcE °a 0 >o TCV w- d ` o_°z — °'cE =a w °- 5 0 p° a0 ° o° a Z' c h h °' 0 a m R 0 a ._ .° c F .1 O 5 _ A ° o a°i o is b _ C °- ' a w w v E d J s .= ° d° y W E 0 t y U ci 0 w y .° o o •` v :. E r ov a N f.n > to o p to oy WO ° y "- tZ- WC °E °°U ° ° e u = = s e ° A o 3 a c U O c U H UU00w • L 0 0 0 u r- :L E z ° O C a. ° o a o E594Amqm5c . r. op_ = x O ca pU "p v v U o w o U 10 o o o o . a a' R o .a 'b F m wo O : o U c° o. 0O . O O rO C 0 C O 4CC) O LL b i p ur os Ou ° : s o =s'ps ° " E— ° a = U ° 8 n U .l .7 aU a y F a a 7 a F U ro F L F .5 n rn Q cn 0 v U y E U v a.5 W Cn a. w ° ES - 24 Garden Street Terraces Project Final EIR C_ U O 3 0O V° R i VJ C U 0 O ° U 0 t G ca C LxY+ RF = 0 x C Ln 'a LaC u 2 U'w F C ES - 24 Garden Street Terraces Project Final EIR Packet Pg. 236 Item 16 nR F'I a O b Ir1 Ql O R R vRa d RC R 1 C G7 O r V I R Or y u H rn U v t W Z R i r EXECUTIVE SUMMARY 5 ° •_.C.S mo w_ E Eo.c p ° . s H. C L Vi .ti 'C y a r. 7 O ° V j . V r. .ti Ec L r. ° 0 CO 0 ° bw AypR ` 0U= a an O '0 E DoOO v° i . zOt; a t'O to L p bA .' O V H G pk0Q ^ L N a w b d c'° 5> E y G° o Q. m oR-O E fl) yo fly 'O F: yc , . Z G } V ,, : Y G 3 L E R O > a° , w 3y L ° ` io O E3 c% 'E_ • mO w , 2 G N 0. oO ^ p E o y E G° o ' . .bar CE '° L o. • L y N a aa) , . " °;. ; ' . O L , y E .. a h a a° c . b w . Q . i- a . Dc o l AO > O Fv G'` c c 5a 0 0 > z0 b H `oao G ti ° a - o0U = U a (u o OJ V O _ 0 -0 wCCOtoO0N6dyOCOU`U Lo L ' o a) R CO , v.o a o c L o0 > E O 7. a) V O O CU G ° v cx ° O U o o. 5IQDo o R i° °a ooU r ° ° O w a) 0r- 3 v4Lao y O > o o o ooo . o U o 4) - U _ a Tb o y ° c > ZCaOa .E Ce U 5; A ) u O oO a) d 7 0. v rG as c ax ' J ° E ° mu Ca x b v 307 o E w Szc a) m rocw" a v c 0 °o Do d O r GOVA O O :'C G !'" b E r z T On a y d 7 .fl00 0 • i 0 W 0ur. wa7E L 0 E E3o0 3•C o_ 9 3 g•E f0 0 G R CO 'S5 0 c E o mx ^ o 0 am a°oi °° ° e o R E o o 0 0 0 E > 3 -v • ro 'O o E E° v 'J m a 4w 5 ° •_.C.S mo w_ E Eo.c p ° . s H. C L Vi .ti 'C y a r. 7 O ° V j . V r. .ti Ec L r. ° 0 CO 0 ° bw AypR ` 0U= a an O '0 E DoOO v° i . zOt; a t'O to L p bA .' O V H G pk0Q ^ L N a w b d c'° 5> E y G° o Q. m oR-O E fl) yo fly 'O F: yc , . Z G } V ,, : Y G 3 L E R O > a° , w 3y L ° ` io O E3 c% 'E_ • mO w , 2 G N 0. oO ^ p E o y E G° o ' . .bar CE '° L o. • L y N a aa) , . " °;. ; ' . O L , y E .. a h a a° c . b w . Q . i- a . Dc o l AO > O Fv G'` c c 5a 0 0 > z0 b H `oao G ti ° a - o0U = U a (u o OJ V O _ 0 -0 wCCOtoO0N6dyOCOU`U Lo L ' o a) R CO , v.o a o c L o0 > E O 7. a) V O O CU G ° v cx ° O U o o. 5IQDo o R i° °a ooU r ° ° O w a) 0r- 3 v4Lao y O > o o o ooo . o U o 4) - U _ a Tb o y ° c > ZCaOa .E Ce U 5; A ) u O oO a) d 7 0. v rG as c ax ' J ° E ° mu Ca x b v 307 o Garden Street Terraces Project Final EIR ES -25 to La) GO T On V ° G 0 H R G R CO 'S5 0 V U o. 2 Garden Street Terraces Project Final EIR ES -25 Packet Pg. 237 Item 16 C aAym O b i 0 7 G d C'C O s dl u d E eeb O C O r v dl 1 y Aas r.r Vi .r y U 'v w Z F EXECUTIVE SUMMARY d o O 'a Z; 0 •7„C. fi .. Z °U R A W D E Ui G A C .' U' NadNRtaU N U A so, Z Q. C p V N U a w 'v E oo .> C C y 0 . >1 U O O q' h Co.E'e r e = ao°' Cv y• cn 'E.4 a a° 3 z E V o o• ° a 0 , 2 s cC: O i TS o U C w. m y A .a • O 'G b . = a F '. v i •? .p ° • w wo E c °'° 0 0 y, m es E i a $ Q o ^ i° ° y L. b 0" R e c s „ 0 a E`or. 2. a o c a a c y 3 s x• -Uo o >1 c E o o' ^ o ~ecEaze e'E cRCa'°2 o"0 m .a = p t C a i d > U a`i arEi O C y O O ISF- o w E 2 w. E vsOoo C 10 v a) U Tti =— a a PC o v a$ = c o c A c U 3 "> >0 'D c v2 E a gig° E aai> y o 0 0 s c co a a E c¢ y c c y 3? •- E vb c .. u o o° c .S E b —° _ - y iZG y a7C o Q j - CN a 0 - . ay O ai ) L a0 N C m c U CA 0. m 0 ? C rJ C 0 L y J • G L E —'U U . w y° u G i U y ai •° d 0 'c E E Q a> v ao o " o c Eo oo 0. n Ea mm 0 cA 0 s. o U $ o o U s a , a x a. r g oc U v a m o °O 0 ° Ev 0 E vajeoEcUUjnCCO > O O m ° U ? N ' • Ur. 0 -10 0 r O E° i U C LOO2 M wo 00t>— u 3 0. cc00t oatwO 0 o C 0 0 y i7 Ctl 0 N a C) y '. R • y • N m y • tl U mU L Q a U >? av w ° 5 . U C t0 rC . w t .. h y 0t5a.r. 0 oo 4) Q a 'a 0 "a c a, Lr- o > O L L U Cn c C ¢ UU a 0 0 00 -Z y C V. 0 CO p y° r. cccO G ] r. U , N o ° 7 z° O COZ d ° R z c z Ua PC 0 o ` a— o t U > v o U o a 004AUam00U „ 0 o p O o O • • a) U Z W w b QO 0 h o°3U o Y Czyy to a —'go 0 d C 0 E 36, h m'4 o a o D o z — a 0 0o O o r v' eMZ3 := ate ES -26 Garden Street Terraces Project Final EIR Packet Pg. 238 Item 16 CR s F Ww W4 Oi+ iIR r r 7 Gil MMd Irl 0 R Rt F VR hl d 3R b O C O y 1 h R raa„ a h •r rA U 'va r, 1 W y bN y 3 0 0O 00 c a i 5 a• 5 ° cam., 0 C t R y OA 7 z svas RdVW) 3 2 aQi_n ° cr. 0 > L L N y D O abi dL C O L 7v, O c...0 O o o Go 0 0 C aUi d o p 2v C U C U 0 R y y :° .o o R A s ' A o v 0 J y r.. r0 O N O C t 3 NpC OC L_ a 7) C S. tp + 0JC .p g s 0 QU" N O= S y Idd Cu m y v c .00 cc ._ U E •a c a0 r Aga E> C v v `- a c°, - g 0 0 7 v o v° ° oa o m 0 c d 0 L y F' y; O d T o a G Q L O U C OE Ctd > d ouEC 0 =° 2 e • a. 0 0 0 00 0 a U U Garden Street Terraces Project Final EIR EXECUTIVE SUMMARY ES -27 Packet Pg. 239 Item 16 W z d r+ cR c: cR yy61 O w d iiR U R y vR d ii 4: rid 1 ate+ a V1hR1 Ni L R F EXECUTIVE SUMMARY ES -28 Garden Street Terraces Project Final EIR y y E C 7ros 7 Cs G3ms 7 7y 7 7os O 4 4 N NEL a E L EL EL E c VR O .0 O .D O M G I OONL c0 OC- D O N Uq O tE W O R{ to 0 e0 00 U T 7 E E E v E U E Ub U w C w C w C w CO w CO w 7 u o a o aE o aE o Q o Q• 0 o3 Up; E a C e c•E C E.: C aQCa C 7 V R 7 U 4) M 0 U V U A m> G'Ow C•Ow 7C•O 7G•O 4" CG'C `= C p(jw E L °_° E` ._° E L •a' E L .a' E L °_° E A¢_ y •d rn aG y •d y a7 N b in as = N b N 43 N 'C y ao w V N ' rn a 3 3 E 3 E 3 s E a r E Q °? L 0 ca C a> w O EJO O E 0) o o c U c ass O a 5 -v C b ' o .^ NGOUyN 'G N a Q o o o oo M e mpAO° C b L y E0 5 5r aiQ a"i d s° o. a w C 0 E. E o o 3 o to E o a° 0 U wc c t 0o EGg° y c 'o sbg o Qmto0. C C Q d oVbL F C 0. w -- V O G d C7 L Id” b oo G 3 N U O H EisU n 0 S U O 0. e 1= 'O n'= °o E aYw a N C7 w fl c 0. tin ° U w c4 U 7 tis w mo¢ Q p y O to > t, t5 15 O O o „ Q= c U° C s E a o c v CO O U L t o oG0.- cc - OUO7 0 N U U O O a — U TOVOOV . w O 0. U U a H K U E. o:°-_' N b eE 00 0 0 X3.`00 0. 0 oo°' rim° 0y ' 'y G F caooEL r r00Qw —' E Q y^ aUiQyTy 5 0 3 0 X r- FGn7 A u o7= 0 y NRs L y a° O00t ` 0. oq m $ cppv 7 0 c o G$ O s a4- v v 'E v1 O yam. "' U rOAN .0 c=tl m O N C 'C N O V to .^J LO . N O I N N U a N r C= N "" Z G a 0. G O O N m 0 3 A o 0 ao ov a E y H o c°i0 i =" a HoE "' a o v o c v a a L r o o cF'yv -N a o d o o v p a .d o E OO„ M u cs 0 0o w Q. c a on U c: •= d O Oy O C f O 00O 3o Cc m c V o 0 q G c a d 0. 0 0. x U o w L t.. CL w m U O O a wO is C G 0 CO cc mMOU4. cd 00 V+'' wV "" O O h C ,O Gt Lam° 00 O'H ya, 0hF3 m? i y ' vios Q 0 N b o o h° @ 02 d r. A E O U 7 N O ES -28 Garden Street Terraces Project Final EIR Packet Pg. 240 Item 16 b Oa ar Vi i u a Y Z: ao iiQ< Wq O Y u Cl R R Wa+ u a r C OA 1 uR f/1 r A N 1 w d i c0 U 2 c0V OAC w 0 LID V+ E c0U c roU Ci m y v 1 r„ 5 C E 7 A 'ti O NV > W V=i H C H 0U c20 C C C o ° U d ro ro QU _ o y ro ro U U XU a0 c v b O o v V = U 'S 0 0 U R U 0 2 y a MGR 1; 0 '> 0 M C y ro i 0 s c $ e R O 5 d ro a • °- o 0 O c.U.5U O z ° C 5 •° U ' 0 7 y U U a ro 0 3 '- y 0 CU c O h 0 C y0 0 .5 0 00 Z 0 r 0UN .0 y • 0 L CC O r- 0 0 ro c.n 0'c0 O O 0nssUv v 0 3 0. nC',4 3 U ow C1 bq U'S cV 0 O L 0 ti p 0E 3 v by N 3 b ro ro x N = 0 ra qs 0 @s cQ ,O t ro vroN5 In cU ° u 0 A L 0.0 R y Lw0 CO rc 5 0U0 w R U cn r; ri O 1U a° T A EXECUTIVE SUMMARY 5 ro Ua U O 0O 0 . •p v, QU O a 0 c 5 V 0 0 c° s 0 5 F ro G v C W y y W r0 o0 y0 0 C O QJ ro y 0 0 E y U v o xw o 'u; ov,y ro g•m x°` bA U y U or 4+ O or, o •° = a=i t 20 e F ;0 00 v 0 3 0. nC',4 3 U ow C1 bq U'S cV 0 O L 0 ti p 0E 3 v by N 3 b ro ro x N = 0 ra qs 0 @s cQ ,O t ro vroN5 In cU ° u 0 A L 0.0 R y Lw0 CO rc 5 0U0 w R U cn r; ri O 1U a° T A EXECUTIVE SUMMARY 5 ro 5 e 0 OD V U O a 0 3 fl ip O 20- 2-4 x Ez 0 s 0 5 F p.. ^ 0 .5 ca x o N 0 O . 0 C O QJ C L E 0 v v c 'on v o xw S 2P r 0.00 4+ 0.5x C7 C' 0 o •° = a=i O 1 U OUO w c. cc Im 7 O Garden Street Terraces Project Final EIR p 0 C r 7i C • S . L 5E 0co o R O O O '0 O y O vi3 = v s v > m n.>,w 0wyU ° Q OD U v a >0 2y an.ax Or0o0mr w O > W w°= 03 =U0 O 6=i O N e•' 1 N CO C p C 0 = ca fl v y 0 n r 0 s n0U e ES -29 OD V U m w0 U0bqyU C 0 .5 ca x o N wou- C, 5 ro v o^ x y 0 O .a ` U = U 2 E 0 v v c 'on2P 4+ 0.5x C7 C' 0 a a$i o =Ci0 ro pp _ y F 0 O o y roU U U U d07ur0 0 M V•0 oaa040 Garden Street Terraces Project Final EIR p 0 C r 7i C • S . L 5E 0coo R O O O '0 O y O vi3 = v s v > m n.>,w 0wyU ° Q OD U v a >0 2y an.ax Or0o0mr w O > W w°= 03 =U0 O 6=i O N e•' 1 N CO C p C 0 = ca fl v y 0 n r 0 s n0U e ES -29 Packet Pg. 241 Item 16 OO CO y 6 rc c C FA yW2 0 y GO RZ y u E 4a C i u rrI Wfn0 N i W d F EXECUTIVE SUMMARY \ Cq U U R pp p C, o •, A> o t o O r. r. C R [ U U cL o e. C °.0 n N ca AoU = = o .J ym R a° o4 a( 07 \ 00 G 00 p•v yoro OS y ° oCSN.L°°1'a 9vyU-a 3 0 0, Cc: ram n'0 w.a o f 'a L 5 —° w 3 . a n °o '3 R V) ° o . o v rA A a m >, o L 0 L CQ U o v7 r o? Z O ° U- 0 V a..5 ° R R C Z 3 o . o 0 E 0 U° 3 O o a V y N ' C y y N ?; 4 R 1. 0 0 O •— o o ° y A c v v U ti a c-S O° 4 y F U N o s o R a. cc v o T°K on U° d U w c t °- `" O w O a 0 C o 304a g 0 V W O C y..y ti. R h v a U 0 a r- c o .0 o y J e d r a ° C7 aL 7 R U0 O U ° N C U V'00 to m y y C°. a: w asa yU Cr y r V R'C y' .V, •0 O C Utz v "' O •X ro y C N .0 N ^V w , 'O 0= '-' E y ' E y o °A c :3 E r N.p0. OT7 4'C 1, U R' t Oq tlq b L•• R O C O o v•3 o.yU m cCe w'J >'RU. ' y C cL a i s °q c ° o m a i ._ U?r°5ov at^ V R U c cRR y ci v U o U U t5Q fU0 fl vr- R04 O O 2 0 L RU o ti O Oq Cq U U R pp p C, o •, A> o t o O r. r. C R [ U U cL o e. C °.0 n N ca AoU = = o .J ym R a° o4 a( 07 \ 00 G 00 p•v yoro OS y ° oCSN.L°°1'a 9vyU-a 3 0 0, Cc: ram n'0 w.a o f 'a L 5 —° w 3 . a n °o '3 R V) ° o . o v rA A a m >, o L 0 L CQ U o v7 r o? Z O ° U- 0 V a..5 ° R R C Z 3 o . o 0 E 0 U° 3 O o a V y N ' C y y N ?; 4 R 1. 0 0 O •— o o ° y A c v v U ti a c-S O° 4 y F U N o s o R a. cc v o T°K on U° d U w c t °- `" O w O a 0 C o 304a g 0 V W O C y..y ti. R h v a U 0 a r- c o .0 o y J e d r a ° C7 aL 7 R U0 O U ° N C U V'00 to m y y C°. a: w asa yU Cr y r V R'C y' .V, •0 O C Utz v "' O •X ro y C N .0 N ^V w , 'O 0= '-' E y ' E y o °A c :3 E r N.p0. OT7 4'C 1, U R' t Oq tlq b L•• R O C O o v•3 o.yU m cCe w'J >'RU. ' y C cL a i s °q c ° o m a i ._ U?r°5ov at^ V ES -30 Garden Street Terraces Project Final EIR R wyR O •y w v U U t5Q fU0 y O O o ti O U OV R Q OW O5EvUU'v L O ES -30 Garden Street Terraces Project Final EIRPacket Pg. 242 Item 16 b O 5 r GOu H d L+ Ru i; Cdtl CR id 1 O RD 00 OR a.+ R t y uR a a tC uR C6 E 0WR M N W u R r EXECUTIVE SUMMARY 0 aoc ,,,, o ro v ° e •E E ° C U O .0 m O R v A O w .a O as 7 a7 H y N i0 A G ° • 'y O O a V d U Q C '.0 e v. A 7 d p CuCcc .0 v y cCtl pp O W h w- y " G N C C O p O >> E O p C .d y O U O .=pp •- k 'b-0• JYO• N ° p i 0cl b y o tia° C - O ' CU0q U 0. > a i E ad = v E EEo .>a o oo co CU ?o m Z 0 O Q ° ° U° ° o'- oa 0 A0 m s b o o c ` om O _ c e co Eo F 5 v C A ': U H Oto s y o a p EO: r 9p c 'p 0 0 C yti O 'ti 00 O- -y ' s O C p D 7 ^ "a U tv U.- C p U 0 0tQ C 6 V O Up w O A O j N . S. t0 ^ A O 0 m Cc O U y N o O E .'. U C C °- m ` O ou t L L ° v U a°' s y c3 U U p y o cs saa a' aE N O Q .14 c > t E ! n c a H 0t0 0 = Ocd t OU EcON : C- 00t CO OCO + v T 0.- O C U ' C W .A Aaa c0n o o o 0 0 .- 0 RE U Um > ^ v v A o a o ° C $ ©a E CL C o U N cd : c ° o °i c x u0ysa [- > Q : > o i a A u N C U S a° G i ao • `a Garden Street Terraces Project ES -31 Final EIR Packet Pg. 243 Item 16 CuD 9 yOO ad a bR a°o QR F hh O 0 CR U R VJyuR CR N dU t CJRd G n v7R LdIw N W u R F EXECUTIVE SUMMARY ( 71 C O s w O E 3 O iC V O A CA m H T 0y N 0. E V C W b t ES -32 CO E L v L xL 3 c p 1.. t0 f7 t v L o0 ro 4°. yOV s N S v o s 0u 0.> V A y ..O ' 7 L >+ s° o E -O c o14E E a o ° v 3 b 3 y w w A v y C tCO p JE 0R."'rJ UVC,c G y •C V] 0.. ° s O y 'O Q T O c a v 0 E° c C$° O V cc 00 . 'c7 s 0. ;n p C r-Ica 0 -Z w LV W ,. o g.E g 0 O c 00 U d E o Q ° E o to C: C p O pOE! N 00 N O > y u7i Oo 'O' d O T R C* E:. v.o F wr a> m O .d '..' •-- 1. O O 4. O i0 'fl y N V O N O N W (' W •y td V Si m 50 T N y E > E ' e ,c . a s D'a JS ti c o aE ° m CU acidco- _'p Ec Co ri$ ms's F_y^. u 0.0u<0 ou rLU s . s yioy n ? o U y Co4 w E o o> Er N 1 u o c s a R >° E E o° 0 e p o0 c c m C7 A R 0.0 C y O 0F'Eye°w^ v> b y t C7y F 0 0A C'j 'O • L 0 U V O 'O Y y V y N Cnoo ° = 3E•Eaiao C ° aOo u .o _ y V ONppCvlAlpo •y .e 3 y C O° y U E: U__ c V , o •- L a 4 R n dos U 4 a>i 4 E E VV V O y o pbOCyy j d 'OH O N to 0 , 7 7 0 U O Q Ca 4 A >> N L t0 C O ' V C) y . O V y 0 C _T > O 0.d U O C U V aE`c'Gy °0 c F.aa yEO@ 0. bA rx ao °y s 0 aU'm 2zU•O uCo v rC v -7 WO y N y y 0 U LpU L 7 wqyVyG o c y O 0. •y O Q0.N. E OL CJ v°i ao 4s w E c T v O w to C V U C` U V > CJ L y L 7? p N y C O E'a R ° 3 E W O C is .p E q. O A w y cc •O :: V V U U E y V V a y ' h Cv y 4 = F V 'O Garden Street Terraces Project Final EIRPacket Pg. 244 Item 16 C R ra+ CO Vi VJ d Y R Sul C7 ti F O ENOw R a1 R U R ry+ UR r L. ybdVR a E HHR LIS N W d R EXECUTIVE SUMMARY y uccCL ee 7O N S y on o> ° c 5 n > a O O L 00 G . c0 c0 •O 0. O C. N 3 Oq 'O O N to a LO w V y w N CO O 'r 0 O 0 u +' F T ... 0 5 C y .r C O ro.. ' w O y '0 y O w R. w 0 c0 d 0 3 s ° ° : 0 rn A W C' O y L^' H. ' R ° w O N N `" vs'o c °5 I d a E y u o c Tm u R.o.S lV U ` lO ri U i - Q. M. L u . x L L L . = U ld R —• = O u 'fl .°: a0 `' C. •E w p u p .•• u u A O y C ` C A. u c a M x• °. a e C ° A s R C1 y v o n C a c0 0 ° L y. ? :D — L `.: a. O s .. p u L ., L .. ;? T p u p O N y L o :c a — ° o 0 9 Lx E.S vx G v y m G. ° d —y, u x >, w3 R ti ° U — — d ; o M d isEIwo100 3 o u u u T o. U C C y O y O p; V 'O to 7. Cn t ;y Or. 70 M > ._ o ° ' .« y x ? q R O x 0 H d °' ' 0 O v bw T ° . N U O o u y r°. oEa > U yo u Eoo ° 0 0 'o p' CC 0 : O ' G D ia" v 3 ° .` U on 0 p r O X y C • Q ypV to 'E V 0 o Ou aO` J : V y 0.0 d E n y O> O ° a N m a a h _ wv E r Garden Street Terraces Project ES -33 Final EIR Packet Pg. 245 Item 16 7C Ou Vl a CRu Zu OA C hy a O PO 4t 0 u CO J7 uO CL E C G: u a E Mw hHcc A N W Z CQ F EXECUTIVE SUMMARY 3 O U ' • y ' a C aR => C N O E E C O W O y E U Oy Nr 0C° i O 0 o M .52 Z f E to0 0 O 0. yy 4 C Oy C E • ayv CO u A t • 0 o a—m c o o d y ou VOnLCOP4VC0 @ a 67 x 0°. ' . v . 0EyEEOOrNy .0 'O EU . QJ F U ' ° v m O0Cn 0 a>i . L m c a0i d v ti o°n t :: v$, c A o a c a ° >? °' o c y o d c a°i F r ocapEUpCV V > C p •A on 0 0N3 L1 N o Ez o tl 0 0 psi o °•'ow:?wy Ao°_ aci O cc >> O F O v °. y- °= o _° o °' Oa E y a .00 e =E' Cod E E00a —m- A o1 °a ° ° °'oy o o` namo aUOai; was °000E° v° -'tee a => i. p w O E C O 0 C O. 'n O ' P. s 0 ' b O . W. iy t.; C z> o o >= .= ° o o` E A E v s 9= v ° 'o aai A e s a m 0 R a o aai "? o o . b v 7 °: o a s m .o a n qs .= ono 0 0 v v 0 O .. 0- F. a a a v C e . 0 u 0 3 0 'E • d 0 a 0 H y o H ai v o w yp .9 m C p w E i O E O w 0 .y v 6 0. •" U Q 0 w- -Eo w - r mR >. v 0ac a arE Conogcow ,o K m o • a o 0 0 0 = o d• s 0 0 r -- w. O y 4 0 U 4 v > . > tO — cc 3 a~i 'b E_ 5 .o p ` 0o .° U w O s o o v 0 a o_ p o v y 0 y° N .: V b t m 'b O 0 0 .Y „ w 0 p , E .O E yCA 'E y O p E. 0 0 0 C a) O^ U N 0 p 6. U Q o ° ° s _ w m 3 0— m osU Ws °ow °' ay.QFUgE0.34) O u0 ca G3U`ASVO b V ?9:6 s °U aE ° ;' tea° °' a r a 9 2 ° o ° 3U Rm x ti 0 fl C D h 0>' aE i u s t to O 0 EG rEi e'ti000O 63 U-0 sV NOCw C V U E a X W N .+. CW M .0 >1Cr+ E O 7Cy t 0.0 u G r3 -0 V y'0 V 3 O U ' • y ' a C aR => C N O E E C O W O y E U Oy Nr 0C° i O 0 o M .52 Z f E to0 0 O 0. yy 4 C Oy C E • ayv CO u A t • 0 o a—m c o o d y ou VOnLCOP4VC0 @ a 67 x 0°. ' . v . 0EyEEOOrNy .0 'O EU . QJ F U ' ° v m O0Cn 0 a>i . L m c a0i d v ti o°n t :: v$, c A o a c a ° >? °' o c y o d c a°i F r ocapEUpCV V > C p •A on 0 0N3 L1 N o Ez o tl 0 0 psi o °•'ow:?wy Ao°_ aci O cc >> O F O v °. y- °= o _° o °' Oa E y a .00 e =E' Cod E E00a —m- A o1 °a ° ° °'oy o o` namo aUOai; was °000E° v° -'tee a => i. p w O E C O 0 C O. 'n O ' P. s 0 ' b O . W. iy t.; C z> o o >= .= ° o o` E A E v s 9= v ° 'o aai A e s a m 0 R a o aai "? o o . b v 7 °: o a s m .o a n qs .= ono 0 0 v v 0 O .. 0- F. a a a v C e . 0 u 0 3 0 'E • d 0 a 0 H y o H ai v o w yp .9 m C p w E i O E O w 0 .y v 6 0. •" U Q 0 w- -Eo w - r mR >. v 0ac a arE Conogcow ,o K m o • a o 0 0 0 = o d• s 0 0 r -- w. O y 4 0 U 4 v > . > tO — cc 3 a~i 'b E_ 5 .o p ` 0o .° U w O s o o v 0 a o_ p o v y 0 y° N .: V b t m 'b O 0 0 .Y „ w 0 p , E .O E yCA 'E y O p E. 0 0 0 C a) O^ U N 0 p 6. U Q o ° ° s _ w m 3 0— m osU Ws °ow °' ay.QFUgE0.34) O u0 ca G3U`ASVO b V ?9:6 s °U aE ° ;' tea° °' a r a 9 2 ° o ° 3U Rm x ti ES -34 Carden Street Terraces Project Final EIR n gEa vbCoVy G 030-Ey`3N•o O o v A 0 CO A ,SL lTaV O 63 x O O x E C o 0 u o a p >,C N ,O T H - y u m- E V Q O y WX0 I aV0yo0 2 ES -34 Carden Street Terraces Project Final EIRPacket Pg. 246 Item 16 b d C 0 OJ a a ii dD n CR Viy a O F' N W v R H EXECUTIVE SUMMARY Garden Street Terraces Project Final EIR ES -35 cC C A ca - ca ca A ca R y d V E = dU E w dU y' o o E a o y y I I y R ET u NA O II ro V 00 rOr V O r U V m y a. v 0 3 o• o ow 0.;3x3yov 0 0 v y a> w u o V yLQ 1 Opp,,-0LL 0p, L." L OQQ,,-OG' L Uc0 ? ' H C VC 0 A y U to 0> 0> 0> do toyGU 3a. 3a 33 E3h to 0 C N Va OA tC c0 00 pp U Cu U U U NA^ N W CO p N V t FA d is 0 .gyp CCo N LCO N p A O0HmNOO L A V YCCCyo 92. y v0 E m '$ Q y .E y C 'J' O C 0 Am d d .G 0. A 0 E a,C C E 0 do: Vi U y asV vi C r y aev V N ; b mo 33 sE y N O Ca0 N 7 a iC Q O° yScc O C itl id Y O wC C p y p M rC1. y C N EVCdy .... 0y ° >, Oo M w a 0 .= .. O r- 3 a U o v r 3 a 0"Qdv a°: Voac0sE o y a a o to e o Q : tk y w adi p E 0¢ E s 0 pq uj 9 b 0 .r. OU y wA p E V0NOmaCOaUpvOt O o° o v c v 0 a O 1 S C C YV0E uJ A v oymA 'C R mo t d 0 4E U w 1 y OCCC Cd 0 t0 RV Va ' a. -5 0. i C p O 0 = E >, tC0 0.x O O N 0 0 0 0 E' C CO l cc N 0 0- O y y L y c7 > G. O° C .$ 0 y E° d V E Hc0 d V b 0 0 3 0° N'00. 0 0 3 0 Q ° E E w E .. O N o a a a. 0 S d o L) E00° d L i". d G-+ N 0 ;•-' y `; O C O y ro y R 0. .ctl .N p 0. 0 0 A r- a 0. cc b? c s 0 A> F w? e Ca fl a Mnc..: c c v 0 0 O 0 c vO U Cc 0 m v Cz N T q 4 E yV M N v •O .y NIyl`y i0 C d ro= Cn N vrn4: N C C 03 =°, C A y b C y O a 0 2 0 a Q.. r'ii tN' R o EC7ca. A R WO 0 °- 0 CD o Ww ° o o C7 y E° v Q C u °° wx3 `8y0my0.o V 0 0 d 0. 0. 00 rn m 0 v t 2 3 Garden Street Terraces Project Final EIR ES -35 Packet Pg. 247 Item 16 d O y y iiWW GOD O H Q O E-H du d Cq rr s y u C'. o0io rA CIOR R HHR MW N W a e f EXECUTIVE SUMMARY- -- j N VW O y C N fly w O o E Ca0oa x c ' U UE o oco G O N N C a O_ X V C c s w _? c v 9c• m v a 5 y.5 a .0 .v °' `o c > E o^'^ m E G 3 0 cN -, .y _ a - - _ G0> C,( N " °c0 0. yosoo o0 co5; °c b =8 ° °sE cc C m RS •5 w c O °• ' s '^ ,O O b.0 0 q .0 N •: 'C `:. E w 3 >, ? .5 M Ac EcA. o 4a0 °e 'yg0u—a u NEo. ° oE o 0w v E °o .^ a.. R o ,', `= E 5b R e -E ?: NU a ° o = a to R .5 °'° o. y_ ° s '0 y 9 = a3i m = ° y `° .o V s N c O w pp 'fl •5 %. N E y O 'O a7 N v 'O O OA v W= y N Q fC O ' 'O V vO .O y 'O O .G — is rT ,C N T t w t h m °a.c F o ° ° ° E .°' pQ h. 5 > QO c ¢ = c c 07, .'^.°, o :: o °' c " • ° . 9 N ° V aai oNO :: `o a°i c 7. z :o x cz. a .5 Q c. cc ° 0 43 ° rJ t O C oN ' E ° oo ° Ca. y_ caoOD .c 0N 0E p 3 w7R00 :9 o c ou R C A d O C O 0 P. O O C O N s [ ai O6 S ' O N CO 00 .0 p >, LE ° uO ^O tio a' yw9aN oi R °- v • w3 o E s . E y xQ • N o O ' oO W `" d . N .0 E5 .y E m . c y ,o , ¢ x ti N btec ao _ 0 3U . w ° a v x cR ' h '= co >° S 3ca " .o ov> x o R CR' oac° i - 14 u3 N a 0. ao ° v 0 cccoy - 0. o v 'o ° ° °' v 3co o 00 N> 61 c'g °ocoy= b c D a ° R s a o ° QsGA a a > = °aco . '°? 0 `° ca 5y C G N a X -,g aTd e 4 d o d ° N > °' ° u o : o R o a a v coo8 a .5U n o N rd' As R A n ES -36 Garden Street Terraces Project Final EIR YC d d - u wOaLr y w0 0 z o o 00 X 6 v N0xo`oav ES -36 Garden Street Terraces Project Final EIRPacket Pg. 248 Item 16 uD 0u V1 a C 4: C M a 0 b d W C eA U CIS F ued O.. arC Zi yb+ u r q203CO LO N W 3 ea F EXECUTIVE SUMMARY Garden Street Terraces Project ES -37 Final EIR M C' u 0 c Er Es M c 5 ou U y R O M O M COto is '-' 0000 0. y Ro " a E U E U fl a aoo o .° c a E a.6 bo Ca E `R' E E o° s3y' u e bA C O to . O 1. 7 D Ca 5 0 R 1) U 5 0 N v h CoC0= 3 aou o0r R ° X O C o p o o ° U C rw co w Q) 0O O U .rR yy R a) 4 W °w' P C E M0 GJ-. y z Rp° 3 0 •- °° m R a c E " E Ln E ac °3 a 0oo yC aF . A o t 0 5 C y C* y CU w E U aJ G NQ 4.. • U d N R y> y w vi d` 3 E y c 0OC fG U0. p M m U > y 4 .. o a7 co O' E 'UD y CO y 5. A 7 C' 'O fl C T 7 «17 U .0i J 0A 7 • L M .0 := O . i 'C v U U b4 °: R o'a 2°= osR a . E U = ov v u 0. ,ddx dip° d E°ae a E - 7 aj c u •° r 3 a COoo^ vi u O o o a .0 Co 0 0 0 R a M v 0 0 O . dO u O C - i U y ' w O UV y 0 O 0 y 0 0 a o ~ W 20 CO = r- i 0 rz U O 0 a U R O UoU 0a O w M .- ca m °my C : n EuaQoaa U a z c o y t oC 'NU O N o . E x R O b R M M4 C c 0 o Q w M U 0 N yRxEaCp U ° 4 O O y ccawM d g 4' v C °0 v R. 5 O EQF O o S M UL 5o o O M N= Cma,—Ri U CR 01) O• zZ: s G o 0U U a 3E . E a4iO_ U 7 5 O O U •U 0 R o a.a u n o` Ca X p 7 U .d O O 4 11 O N V eoD. a O T R ° 0 8 0 3° Eor. aM K con e c ^ y b R a c Co a v 4b O O o3aM o M }- E o O Eb= a h fL a yay Na ' a . o 'oyOQsaE^ s M x v E ro a)a ai E ii x .E E o`u A Garden Street Terraces Project ES -37 Final EIR Packet Pg. 249 Item 16 1 Iu O f/1 i6 a Y u w e Hy 0 PCw OVA d Oq U RJ. q u CL C Ru L: 1 i u C. wy N W u 3 F I f EXECUTIVE SUMMARY T co U C w m O Vi 7 0 9 r CR N 7 N n E y O 0Sas o"0 O R y 0as3 0 to o o rRa 3 Cr U m w c 0 b 0 6. • O x.R a os o °. a A °w' o o „ .=O C4 E C y c.. O U m m" On s a N 7 y O 2 O y + O, CO 3 O e0 7 w R N H 3 ono ys y onv c m o R° onREn s— c a oN R y o o c 0 0 3 y o 5 e. 0 0 awr CU c c is s o? on 0: m .5 k= a> u[ c 0 °- a a u m on y c O R c= Q 3 ° ° 0 E 0 v O v ° ¢ a o o c5 R ow° am`° o y R Cl ¢ ? 7 0 m .5 w `w C U > O s O On R C O w ' C 00 U R. - aci cO 0 .° o x 0 =°w o m c R a.D cc 000/ Cto y T N 5 0 R y 7 O 6:.E O is C p m On O s 0, 3 0 >` € y b 0 Cr m 0 'O a s N V m O . N .-. R L U .0 y— fa 0 m w a c — c y o0 3 c m c 3 c o o > 3 R R cE 0 5 0a5 'm a o 0 ° ci n a 0 C O CH = w O :: R O U . 0 a o 0t; 0 0 o n C, om 'm04) °c,p8 2 roar O OU 0 O 70i >' 7 C N 3 N W> y U w fl° 0 w A 0 v c 3 A 0 0 C t 0 oj> 0 .d rj C N 0 C is F O is L 0 Q O :+ > y • '0 p N 'b 5 C O— `" O O Q' to CO 0 ' 3 a s •C w S c o v b 0 a C C O] A H o v y - cc O' S*0 16 0 h0O.o'y c U„Q4)—ed a5 €as>,5,= ¢53 R ro c- Rr m c o e 0 s.5 =° ai 0 0 °a5 3 m 5 c0. o0. atia ° o A''oa i p a D V° c .5 ` c ys0 3° w a N; c w 0 5 a y R R A 0 R 3 0 A is p R w m ro C y D o Q o 3 u < v n 4 o x s c . s x •° r x o 7 a a w° t+ y o9 w >W Q. h t+ m Z V1 `. R b G. Ou O 6 cc Q r w 3m m 0 - O E C s 3 u S 0 cR• atjiv•,> > aon y a O p a 0 O O. E m aci 2 N L.', v C G•0 v w a 0 0 •„ x .5 S • o ES -38 Garden Street Terraces Project Final EIRPacket Pg. 250 Item 16 N W R F EXECUTIVE SUMMARY 0 0 Oq y , v' i N• ' y y tiG o q 7 T O Q A O 'n.° A 8 0 MO 0 -:S A $ o CO y y u v g aci o 3 w y o m o a j c r o m y 0 7 q 0 _ y> O q n y y v w 7 y O ro C q E y ` N y -d `O w O° O c O N O ~ `' C , y v t0 0 . y8AR°: y o x G 0 "aw u > q .0 ° C A D O o> E2 E v ayi .o ° U ocyn °q ° Ca y c 50 y o . t v V o E oy U A y d° V v v e c° a°i y. ° r u= Ou T d aci _ °q E r? d c c 2 ° o os y ° y g c r y 3 op yt 0 5- c 0 r m C v •C O' ° r- 0 v .mil C '° .. y m ,0 .G iE + d CiE y.a 3 y q w d .• y 7 cp,.. j S q b4 w y y y 3 , 2 rUOy y ^ O q ' -y :° y A .is U U 0 ci ? CO O d .A O y r. Cr ° oaE 3 A 7 z. —° 04 QV y a`0 y R `>° N yA, • 4. , 3 ` . a ° , g ci V V vV > 7 .. M . N C ° R oR -0 o 0 o .0 O . > m aO m ' O O a8e q u c, v -fl ° O 2 0 q N w . ca a d c m U OaO c h p E t c° q wQRyQ° v o v H Q F q.S I I I I y B o . Garden Street Terraces Project Final EIR ES -39 Packet Pg. 251 Item 16 d OO a C V OD yyd a O E N W d O F EXECUTIVE SUMMARY T _ O C '•' U 'O C c=v ': CL o 3 3 ^ o O O N = W C CG d d O 0 aCi aEi . 3 E ay o °.= ay NE 0.w E 0 0 o w ,C 7OwyE0.O O a E o CO c 7 E L c b m pL ° o0y00o3 o oo o a o r o 0 °' = L C , Ty 0 00 a owe 0 A.= °N =>.° icEc0 0 sAs C, L o c y= o °_ a tl e h E .w 0 0.rJ U° w U o e b J. a 3= U= y v O L _ Z- m C 3 e a Q ° o ` _ .o. w m 3 UOEt0= wo°'°' 0w EiE Co ti >E' yy 3w 0o y id «. y 0 C O ;O U T y 7 4.. 04 O r. ,O w w Oq y w _ C •', R y .E 0" C 07 U= i', w N ?"- 0D m O . 'n « ,,,..E U 0. Cl., U O O b 0 r- '' OW d Q a aL ` • w _ >- a- 0 y m O asO- 0 A 00 w a 0 C 0 L v tc C oOY R 0 , C _ , G 0 O o pN00atEOw R oe 3 o °° E ° 0 Co 0 e ; 03 w wa ^ O c d aH . t w 0 w p v y 0 cc O ui 3 r w 0. £ E C o uO C^ O U o w C w - 0 O m 0 5 0. o o cCmmP6mv = N00o o > Ce ' v ° o0 u 0 •— O n bJD 4 Onr= 0 0 y O 'fl ° w W v o o cc Os- _ v 0. Gm -o> 00 0 0 F v y y w ,, ; v w- 0 = 0. L v Ly u CA d w fl L C w bo € w . 0 ., 0 a S eq : w _ u o0 0.cao0 N : 0 w U r. Lv = E UOyoO3 A 0 > " a :0 C > 0 0. .0 w O ° > ° cE OL E v x QCO ° E t I I . > o s o ° a o a0i a0. i p n u a0. i W > a .5 > 33Hoa0Uso30. a o 3 y E o .. w 0 b0 0 a° aCaC 3y A 3 >' m o,E to o,Erv0.... ? .G 0. ... w '.o Cw o o w c y U_ 0.'0 Ca.'E 0 c'E 5 ccLU y LN t'1 U Q' U A 0 U '3 o 0 ES-40 Garden Street Terraces Project Final E!RPacket Pg. 252 Item 16 1 D O y di C u L: O ew C ca V1 0 b y GD M 1 R U Z y+ u a R oDr 1 H u Rfl. r hqR LO N 1 W 6 C0 F EXECUTIVE SUMMARY Garden Street Terraces Project Final EIR ES-41 N UR T yU'° ti R F C R N R C ua C% d p s Ap 3 Cp o0 O O 4 o O C W' p G. c o m N ELOq E°'; G ELU y'OL Ub.V w y'O W' E 3b E 3 a° b C G U R .L. L O O m y G d i0 W O' y 3 tJ p; y G, U cC0 C R U O .+ IJ' O u IR. X 3 cc a u N c N C0A 47 R cCJ d y L pL v 0.= 6. r' T N y w E p0., a CJ U R U L 0.O C SUo O N pp o Q c °° p OJ R% r- E L C C) 04 0 O 0 NLG COc 7 t O° c R N ' 0. OA V .0 G.'r 0 - y 'DJ N N .4?• N 0 Dq U— O '_• .N y 0 N C , N R% U.. E cc L io ca w N O U 3 baNWiGcUO pO 7S N O N L y c 7 E y Y 04 0 0 ' 7N O w 5o d 0--a p o G U G 3 C m ° cb t°c ° Uo04 R i O y— O o O cc 0 N Co LO C VRN G N U T N N O > p. % R R CO 0.0 U LN — R N O L O O O. 0. R iyyd C cUUOV004i80. 00 C NmeC '° R E 07 E L JV' R L6 V O p U n pEL" V Z G y p 4R 3 o iU o q w 3 oa. o R R aD aTi.N oon Z o u h o. U 3p C 3 O E y y 0q W O O y3 O o4 0UUDqR0DUt7UW cc 0 E C i 1N 0 00 N . O . c O o o0 0 G id o vD ` Z Go Garden Street Terraces Project Final EIR ES-41 Packet Pg. 253 Item 16 d r aO h a L: a onyd a O d 0'a a U i i u C6 a VJ 1 URCL r n M N W u Z F 1 EXECUTIVE SUMMARY " ES-42 Garden Street Terraces Project Final EIR u CO y W O O N, O N EO .fl .0 O ,C E 00 Q O c0 O O c0 O a e, E E E b y V a d49 0- a E 4b a>i0- z v 3 R° 3 AaCiL O p.•C 7 O y '2 0A 3 •fA OA U pq3LY 'N OD U V 4 pp di w V0 W G '0 A fl n ' y C C C w W 0 E cv n ro' W a coo v G cCa a"i a. o o y tiE CD p 72 d 1 d N OL E 0 L co — V y CO C C C R 0. 0 d Ste. s> O C U r. V o0C u. O a' y E '- v: y y A C C OO L 00 O . O E. 0. 0 E CO C 0. L ' C O w y L04 yw fl . o C 0 v A A, W U L) aO w Cy O O O oU C 0 W C 3G°iNAJ R 0 v aUgw E t A c a my to .: o o io 0N mrE 0 Ca n z 0. o: c Q o V 0 U Q 0° yiCUO0. y O ° O N U U C OCpDO7 LO J J v 0 0 O O M.00 m 1 0 O 7-- c Ca 0.0 d 0 0 4 p C atoccvAp$ c > 2 a u v c o a v o j ai y o E •E t' F6 cEoi a 7 u L G 0 w yooo E° dai V O o o v z Z° E ° o p 7 0 z N T z ba0CC ? b N LG.•+ A d as ca p FCI Q) 0. i p A a 4 E O U M M CO OV C Oq C C tO Cn y V C C N T N WO O v z U Ol 0 C O >1— yyOCOwOyu m C9 .E 0"0 > yv v C 06 0 0 3 19 O b E O O • G' ti i 0 OV 4 C 0 w" 7 Op N v0 L O V LO env_ o ppC a°iwU m p ° Cz cc Z C z O C Oz3axi +1 R ri w° h w E. E. ES-42 Garden Street Terraces Project Final EIR Packet Pg. 254 Item 16 N a F EXECUTIVE SUMMARY op 0o .0 N O a=i O= O° E CU 0 y E o OmE°'oaO_ c 7 7 . ° 0. Rc,. R O R > R yRi .d w = U a > b O O C F. h O. y O 0O C W G OF0aUvOu C h O R P. R C U b c0 = :: E v1 v U '0 G R .U. R O Ut+ y L ,U R ro i N •E ° o H 0 cc ca CL 0 y ° C c o=n ° u o ° ,° o = y y c b a A E _ c } ." R A ^ m C W :; `° ' R.° .. —•° .. '" U Ha ro °' H ° vN ° oa ` o vo o w rUL. R to Uo o o c R c s fl w m C 3 = c 3 h .°.° ,° _ w " ' R A A •': oaaEc ' o 0 04 U o ; y R v w y O 4PA . C 0 O u 00 '. y > ° di ° U OOd = O O GC. OM U a) 00 C F fl' O tiCwOOOO U Cc0 R E 0.... o 0. vi 0 w v ° a O ,l = 9 .0 X 0. O U 2°.7 . O O R O R 7 W o N b R 0 ° E td R CO ca — 'fl '> w 0L. y O RR . V Eo ° O - Uby' O > O U 0. ° CO 040q ' cp y N y R N> C C w ° CO ao c ri F v -0 .R` aOu 0.c°iw Garden. Street Terraces Project ES43 Final EIR Packet Pg. 255 Item 16 3 C u y a C ut; ao q CC 0 F yH6 a O eC010 G eA U u r r G: OAr 1 y+ uQ rn nrrr wv, el Ar N 6 L e EXECUTIVE SUMMARY 0 m C 4i O i y vi iro 0 N C> Cp •O N> y N N .: 0' as N 1.. m 0 0 0 'O m R r 3 R u m °: c m c s c x d va IU.. 3 ti O Oq 7 0 C v N O !+ i0.. ^ O n W 7 rg cc 0 o `o 0 o •2 o w- U o° 3 ro U o° ca u o R a b 3on° afV 3,,mQO 3x.°^° 3 oa C p O rC!! O • > ^pj o 9 ^ 0. O C `3 > "_' 7 O N O 0 0 0 O 0 O N O 0 yyVO cc $ e m u o> x c° d a c° d a o E ca R O c ° N 0. A .b (U C b .O G v. .O 'O N .O 0.- O — 0N0. of o -- y c C? o y Q o— N n E o Ca u c c° 3 a m °^ c °' d 3° a° v E 3w n es4,ro° p x m c u a p'E a4i aicaE a4i„coE m H c. CO ° 3 E cc Fs» ''° [- ' y° [- a . .E . H o 3 E C 0 C pq O ° , v O N N N° C N R E C U t O y C y :D y 7 OtNsw '3 0 0.400 c o •m a4i o s v F E v o . 5 v N aEi y a c ° 4 r d on c y A 3 - F" CO ° ao „ > .d °'. O on p E -I 'y o o a°i vo v ao° wNO s c v 4Cd CEcoUA . ca a c c o c U > a on . 00 ° aa U > U .- o a a ° 0io c o F y d ° U cW o 0. W U JG cA0. b m ° c o 3aw0' 00 ca OCL CO 0 p > w C w E C0pmOv d OOyo0 > 0 C 0V C C - y i ` A a o c y ` O Up w c 4= > p 7•mcM0r4o , v° 0 o 0G r A ° w 0.e a °: v o cai aCaEi i E v ?; a Sc E c o4 d ° o cd o a o o o co o a O o3C > .0 >, ? oco'^ ° ti 3 v A c aci E v c°. S' °- y°c ° e z [ o a 04.c ox y 0. y V E m y a c .N 's U O > nF.o u wo .E °c to E ` . d ' • E o°n c ' c FE - ai . c_ c c CQ F x co ' U p ^3 M.2 0. ° 9 e ° n 7cZ o C> C 0 -0bO .0a A cCaEAom03 •a d H 5 o O 0 3 F" > a3i ° c o t 0. 0.. 0 o G E vf coCmCo 'O o b 1- • w .L w • O c E c0` f y U Om <Ca y 0 C lief b o . o n3 a3i 3 •: s2 3'Nb,x a> ° R °'-' 0 ,.: v ° a t v y on c 0._ v c COc w o 0. ro 5 ti 0 w N 0. oEo obt4 oc:O3vf v o. ° °coq o vi E= EU0 , •^ o o ° 0: OC .>. ' O y 0 0.0 > p • y , Q. Cu c" > . cn JG cc CU . ° oo J ? > o 2 C o o > 0 0 0.v 0. 3 E ES -44 Garden Street Terraces Project Final EIR Packet Pg. 256 Item 16 v7 C Pig O v. GR GR 00 iIIA d a O b y ORO a+ W qR U R y u 4r 0 IZIR u ern uR hHR A N d R F EXECUTIVE SUMMARY 0 b d yTa° Es E R a.L o y 0 0 bb v, m .b N , d y0 v U M O W O c,E= ,E now 0 m EHb o > 0 0 ° 0 w G 3 c aai aai N G.0 40 W 0.0 a E . •v 3 ' 3 O w0 V 7J N y m 0 r- V w >1 mt)o o o QJ M Cu IV as ro 0 Roc d to ° Eo o ff 0o ' , w O9 ,G a o U° a E no d . o R GccH — a v e' a c, 0 ° 0 °$ v acU ao gH v 0 o 0 a '> '" an nu o y 3 0Iny0msmO E 0 0 m w m 'a 0 0 0 m m s 0 3 w o w y V E w V U .. 4 '.a 7 .M cc :: y O W. Ly a ,A .> .. O 00 'V — s O .a L O n 0 3° o'er o a o .[ 0 v c o NF. 0 E oa a T a oE" py Rm[ ' a'i°Dz o v3 s"00boC y y 7 5C 0. yQb 0 °= ca a V CO a . b . = o EwGvr = C 9 O 00m ` o ToE > o (5 0 0 a, Ca 0Oo >a ooa "^ .- , N ' mEc° uE 06 s .. 0 a>i w 0 a o ,a c .° 0 T O id 3 p- C7 ? CLO c o o p E v` o w 3 a a A a Ca P x 0 d 0. U oCmC1 0COo r. C O c > H 0 M .d H 'o. F .° no •N'o oa' o N o a o: [- avi p F F p 1:L 0 aEna3 as b 3 aci a` v$ o s [- 3 0 [- „ s V F 0 0 no o s o O C U T IZi3av ` E a"i r h 0 E m 0 0 0° o ocq m 3 a R = ° ou a .E.N> CID cc C a m c 00 C 4 0 to 0> > v No ° a v oaoQ 0 0 c o to O >n " o Oo . c T V N d N V > 1 > 0 F ° m C o ° a ° A b ap o sN v m s • C c p - o 0 0 0 o 7°° o 0 > o c w o f a H m o= F F- 0. 0. In a o a0. c. F 07w 3 E. H•E Garden Street Terraces Project Final EIR ES -45 Packet Pg. 257 Item 16 L" ar CO Vi 61 a CRu CR a O RO0 u 0'a R s yyuR a 8 Y R e w uRa FBI W) WR A N u R EXECUTIVE SUMMARY — V1 C RU4. CO^o y L 0 H 0 X I 0 b dQ 0 0N .Q C w 0O oy .0 U cai U Ov_ N O r Cd E d h T uu Ld c Y M ES-46 U O L1 cCp O O C h O C id U O C i9 U W'O O "O O O C ._ O O 7 A y N O w A N c 0 d Z AV E c °U E1 0 .0 ca o A o 0 0 N 0 0 E fl 0 4 0. fl ar 0 0. y C C C 'O y C C 7 b vE'O•y 0 c o? R o- = w 0 A o- w 5 c 4 ° a 0 o 3 3 =ocn Z y C OCNyCyC C vi C C C u r NoCa ° c o y a, °' d C C ca 7 " 4 C C R O. N 4 C C C dco N E ° 'y' E ° E .E ? E ° 0 8 .E w Ou ° o'. 1 ID 0 ° o° a E A R " o ° m° F OCC0 .0 y d • - 0 4 C 0 s.' . v 07 . 0 N y C O= 0 0 N C = CO -1:1 too d 0dC ai Oc w o 0 0Q . . N y ° 0 0 yo0o 000. n - u .= yoOo ° E o 3 E p og 0 0EUO o'o 0 -`.0m0 = o m 0°r ca0E50do o e wE A o 0x ' 0 O0. ° E0 0 0 0 O O m C c rowOy .5 o Oo0 o ° o _ ^ l dq o y ro b 'fl y C y m b O 0 is ` .0 >, 2 "' h N— C .0 W C C .= d Uo 5 E a3 '? °A.," y CO °iNv v 0eu6vNo 0 b a ° U E A° 0 0 a o E fl E nO s A a' 0 0 u o y E"a o .E a, o .> ° w L c A u c c c 0 >, ° E a v N .0 i0 0• C N .. t? A CO U y ca w E kn .0 I^ U C 0. w U y 0 3cc F y 3 t t .b t O 0. c° c Ur. OO 3 y y 0 0. E e w .n cc C a3 w [ C is m a) E = E 0. `O`, 'C C0 = 0.00 a 'C 0 - 0 O A m C _ -0 d N>1 aai avyJ; N aCi y a) C . C O U M R U 7 0 3 ca M 0. y u .0 . 0 3 . 5 0 a c (r U E >, = E O w F .o D y a. E o O a3i m O° e w o U .E a O aEi v= E° ;o O 6 0 ^° v 3. 5 U um 5._ 2._ 2 en a E N OGw 0 Cw C .`n r y y U 0•s 2 acvdC> 00 oA 3 n U O rLE c y L a) 4J N E O ° 3 o U y r- T O 0 > tloc: a 0 0 O,a O Tw a' ° ya m 0 0 q n E o °aa`i o C ai OD.- 3o.5.5cE F -R_0r. C 0 w C 5 yry= n ym3E E °' o. Q Q axi *18 O Garden Street Terraces Project Final EIRPacket Pg. 258 Item 16 N W F I EXECUTIVE SUMMARY w o 0 o v o 0 y 0 N O _ a O tic 7 • tN0 N. y h 3 0 V Q ° o u ° V ow 0O 00 - M.0 -aX 't059 •O a c O E 1> € y ° ° oflC O.0 7 7>' O by O O 'j y7 0O 73 N O 77 3E °' -o °^'o g to F U . Cn H a ca U N U h° v d ca ca V Y3 O iv JO c a 06 3 0 Garden Street Terraces Project ES -47 Final EIR p T id yy O T 0 N 7 y T N • a O Cis v O C i0 v• C 3 C C O V N O w C N C 3> b 3 O o o f y OA N N f1p h L f=/1CU yI 0 1. 1yy0 Ix dVECa R UEca"c. i Oq H 7) N a 0 N V a O O lO S V 0 ocrq•°_y°.T E o U y o3n E a`di E I v a wo `o a ro Op 7 a ) O 04 N L C A y> a) m 0 F N V1 to 0 V p N y C o V E C c y A t0 R C cyCl O k CJ C E o o E 7` 7 yio N tw O y C rJ" y y CO y at6i H E v h`oxo w o 0 o v o 0 y 0 N O _ a O tic 7 • tN0 N. y h 3 0 V Q ° o u ° V ow 0O 00 - M.0 -aX 't059 •O a c O E 1> € y ° ° oflC O.0 7 7>' O by O O 'j y7 0O 73 N O 77 3E °' -o °^'o g to F U . Cn H a ca U N U h° v d ca ca V Y3 O iv JO c a 06 3 0 Garden Street Terraces Project ES -47 Final EIR p T id O T 7 y T N • V 0 0 iv R G V; O C O V N O w C N C 3> b 3 O o o f U O p 3 rz U V O N a 773N PC00 74 C R a> y w ° 3 W) N O •E L V a.G P.a 0 ocrq•°_y°.T E o U y o3n E a`di E I v a wo `o a odu y vabi E ` N L C A y> a) m 0 F N Cd o h 7s E C c a7 oE. a a7 gAy7` 7 yio O ..7 C c°i E O y C rJ" y y CO y at6i H ECGy7 E C C C E C G V77c0 C Oa U_ O C U C> o C T SaipC C yCV. OU K 0' Ow . F o 5 n° R ao a a 0 o. tCC Vay Q 737z d L S 77 C j t N t Gr. y i 7) T O R V E _?: U= v c a 0 Ep ca o w a 0CL 00 VUm o o it Caw o aaOO a e e w o 0 o v o 0 y 0 N O _ a O tic 7 • tN0 N. y h 3 0 V Q ° o u ° V ow 0O 00 - M.0 -aX 't059 •O a c O E 1> € y ° ° oflC O.0 7 7>' O by O O 'j y7 0O 73 N O 77 3E °' -o °^'o g to F U . Cn H a ca U N U h° v d ca ca V Y3 O iv JO c a 06 3 0 Garden Street Terraces Project ES -47 Final EIR p T id O O 0 0 r O 0 0 iv R G C O V N O w C N C 3> b 3 O o o f U O p 3 rz U V O N a 773N PC00 74 C RE-' U r- 00 O F" V ca '... Q N R .0 C 7) W) N O •E L V a.G P.acc w o 0 o v o 0 y 0 N O _ a O tic 7 • tN0 N. y h 3 0 V Q ° o u ° V ow 0O 00 - M.0 -aX 't059 •O a c O E 1> € y ° ° oflC O.0 7 7>' O by O O 'j y7 0O 73 N O 77 3E °' -o °^'o g to F U . Cn H a ca U N U h° v d ca ca V Y3 O iv JO c a 06 3 0 Garden Street Terraces Project ES -47 Final EIR Packet Pg. 259 Item 16 N w EF EXECUTIVE SUMMARY 0 O C 0 m 'Cpp .0 d7cdi0 ' y UDAVi C V £ C p70c0aCr 0 V 70 :d 0 C 7 y d b c W O A UC O C 03 ' 3 "' 00 o a O.C. Ou p,y U U E .E N O U y N h h O 00 O C O N O y N O i0 0 m r- 0 0O) 4y V Cl m Z V V CJ U L W Oq 3 3 n o u v oEc; 00 0 i0 O E a bCA OO m t cC 7 y 2 O v A O OdNCR cL 0 0 ICI y d O N t o2 V ' A Ny F x ES48 Garden Street Terraces Project Final EIRPacket Pg. 260 Item 16 i+ eCu Ct q C3 qH ra r Qa hL s F y ru YVa I W u r yH M W 6) CC i EXECUTIVE SUMMARY V cc 7 y Qi N L r R aA3G Ru a on'g Q Cc o V v ° R o a0Cy, U o o C .°? U Rp E co'30 iV r cc o a G ! s o a 0.— ..b := 3 c 0. p R S 0.0 03 >,. a O T C v U C y• x U UGON G O N V1 F m > .0 O Cp E Cd N 0 O tOd E c CQ cGa O fl O cOtl OAG Q O i 0 ccu N O 7oEUCOGonoar' G Q o 0 t 0. y N C 3 7)X > O > O L L A G a pp U C y ' O N p c0 bpttl30 T.0 00 O CL—v L O V y A C 7 0 C 7 y Co .V N y N Cu N N N NO C: CO O a t6 L U= Ni QU p0 C Op 0 oO G o o w H w . ^'. 0 0 ova 4 F V 3 0 p p 0U p a L m w m .0 = L a y C Oa L v C u u 0 t dM Cab— N 3 . a d E E E"0 aEioNcuy d?.0 Ci 0 w 0 0 i m0. G6T py+ Oq CuuGO N 0 A N LO. a N aCi to U o o> ' v E E EpGG a:?° tea a8•^ z z z E° n°'> a o E °.' ao is U T N O J U o.aO e orA yOcoEtiCo. Q C M 10 ti •r O v O G .a? y lGQ L C> ea N O a. 0. O ? cc M U NCO ca O G U O W F. cd O DQ Ca 21 O. O O F x N y.^ o 0'8 b T ao v a Ia. apvU Garden Street Terraces Project ES49 Final E!R Packet Pg. 261 Item 16 b V 0 yCRV Ci 00 CR riEF Ww Y MM I V1LV Q L Q E• u 4 8 i VR a rAfAR Le e i W d a CC i EXECUTIVE SUMMARY Y E fl A U C 00 C V1 V V C 3 A E U C OD Cm f/I V V b 3 7 E V C Oo ccc Vi N N c! 3 t0 E V C br.0 C H V N O 3 d E O O O O NL VL VL VL C L NL L NL V V N N 7 3 7 7 3 3 3 3 IVn 4 L y y y ca V71 N E V E d E N E 0 0 0 0 ao m on 00 R z E E E E z zz z E O E O C .0 vyi tibAU h tU y° c G 3o E E c Lac ooh c:= m cv°t r cu 0 E3v yN0 3 F 3 ' 3 U 3 .o o E 3 c. mu5 4 CLn 0 F U O 'J N _ O J 011 .-a av vac to atiE a cy3°c30 oati 0 0 .E to v'o ° to 5 = c o Z o coy o o= ca . o L a c o U n vo o •_ La . CZ A ti 3 m s s d 3 0 x C a i ' v oy F •o ytv W L C lO U L VJ r- R L rq L 00 .'_', L d F: >° y F >° N p: °= u v ' d cd e v e•i Ear_ A .0 F- m .E i F a •E a °a a1 U H ao X ES -50 Garden Street Terraces Project Final EIRPacket Pg. 262 Item 16 y u a y a E e L a W O 7 L LQ W u a ea F i EXECUTIVE SUMMARY Garden Street Terraces Project Final E!R ES -51 t0 O n >> a n .o G F `c o k 5 o ' u .c y p u P 00'v 3 o v 5= Oo y :a' N L C a0 6i O. b.0 y COO •5 T'y O "0 U L C i.. .O. wQ y N— L i 0 y Nc O O w y .> R 0 v m ya C c -• C C C O O O .d "O P. tii C+ U y y p . y N 0 ie V C U y •. ' O U . O .5 EC7% T C y .y v.. U p 0. 0 p pc 0ct50 ca 0 0 0 ''0u c. o 12 O U a c Mt U T m Hc 3C woeca5i -eCV W N N • aL O y >. Q3 u ctlp47 ° R> S 3 i7 D s 'vaCudvaiuO3: u U o v 'U 0v NCWCnp7 F O y C 'C U y O w Q u Q t0 VI v y O U J N y N C C Q d LLC .Q C r FUyrrrr Q y a`i O C U 0 O ' O .o O oCA a .O y 5 y .: . 0 ti-.v_ O `3 A c9 5 yS„ 5 =00 3 y o C G y - o°- C 5 cy 3 `. o 0 ° v 4) - c° 3 c. L v :o a. o c °i z 7777 a c u o c 3 c.o o 3 °c'. y v ax A HA 3 v v° 3 N y C. O v , C 0.L. 7b t N u z tow s y ro E. o° v ya..^ ° 3'0 0.5 ° ° 3'0- a OLb'0 y F 0 Q `' •... ' > .d O ?4 0 C co 'J V G n' d a' p u ca y 7 7 v N N ' 'J Xy. 3 y 'N > I 00 ° i7 U U 0. y> i((" yyi C ai y.y Uw- ¢ 04 JJ= y- C = y =...0 7 W 5 /i. V 6O 3 y fd y N (A y L At3 iy Q {.. N .0 .ii. A W ° .. N >,.r- O Cu 'C - 5 y '+^ -0ud 'J y NCy Vj L> N C V 'O 0 C N m -o u C Ol Q C p U G a¢°' , O N z G ti cy0 a m a °N U9 0s, j L. S v ° 0 07O Ua a.o 00v R v c c L ° °' oap s 0m • d w - 3 y x O y C V C C C> C C 'n m> o 7 rr O "., _ 0 .-di L N y 5° O IU, V'o xu 0 0° 4- P R .L Q U a n y 5 L °`.- O.5 v7Z '^ .0 y 0. O '.. O F CC C- a) U R ,3 = - O vi 4. .. .d N -0 ,5 'O vyi O a y C7 COO0ac0amw ° x o 0 c 0 ° fu N ° o .0 ai a°i `o v aQj o ° o°= aLivaa 630 oo a 25A 0> c F'y d sJ•• ° y ao. ate 3 '.. ti -' y O. ._° 6 i0 U = ` a oW O 'O U 5R o 0U u'=E °x'500 0 VF > E 5 S n 3 O n Q c vEecs U . 0 u r u c 3 0o y i c u c u E C.y 3 3 0 aoio ° =Loa. iR °oa vAu °OOn.OUC Rbo=a S, v3Ec.S y C O • .5 H ^p 5 v O '°' b = tLO X ' Q p .T. 5N y y y 5 .a y tCi .N a •° '$ s v C y c`d u 5 v 5CryU ' O L CsO C Uy5O L. v r,. O. 0 p ° 0 iO y a 5 • o- ci D ' 3 OyOc . F - FH N N aG n U U F w aO , Eo a te° > ? ° GU o c 3 oc 0 zR 0GU V pc' A o a o. p o 3d mi ° E E n s ° o u 0 0 FF s. c c o 3a5 e10 Q dO V °3 C O CC7ti oG v yo ° e FT5 . Garden Street Terraces Project Final E!R ES -51 Packet Pg. 263 Item 16 W d e F EXECUTIVE SUMMARY ES -52 Carden Street Terraces Project Final EIR O O y to N m id y O • N V Q 61 g EE> a 0 m o ° o ° a ° Ca u 0 0 0 w N L N C IcGaU0 E 0 n it m o o? v o° N -° 0 2sQ r 3 o cmRvy0 C. p m 0. y ' 14 a 0 O. C p R Q E C m a° c E 0 m° s 5 h ro v 60 co 0 3 O 4? O V v O• C V y L N .N+ Q H -0 N V U 7 E E m 0 c0 >1 N COi O 0 o3°C' o3 O >E°m° 00 a - m 0 3 `% wWG. o Na O E O ap d O° -0 F m 2 `a vp 3° E° C 7 .DO a v U n y m a 3 E 0 U— m v O cd 3 0 p cU0 0 , tw asi c.. ,.+ > m N 0 Om y .. '$ > F Es o o° a oss.E o 0 m o p N N p s C p . U N R cr7 b O O 4. N 7 0. O r. c 3 3 a C' 5 ` o F cai o p A o o a E eo O N ? 0yti 4) O C p 00 E . E W ,L •V CCq E V U° d y w O Qa. N 7 FNpvCaN .0 m 6 0 C aOi m N m -0 m N x sm ° CSy5 Emoo,o0. U 0 N > 0 CN o 370 3 y 0 s cp, U C v O •° ` c N o O m NOV oU vuymh,;.emallo p Eav"? c °,5a UppoV.CEoE >eoa° y O >L' 0 v ° a0i 3 3 C p a0i °' a 0 m> m 0 3 ° p 3a C 0 3 a°i a`i.E s 5 m y '0 m0NOptCE3y> w m 0 > co y Ca° N o s y wp o 0 0 F- a u 0 '1Z 0 3° .m NQ U ° m U mb= J y y y C y O G y O 'C CO. ` p N 0 'O m m a a7 C u OD m r ° eC..° sb 5 °° 0 a 3 3 a~. cc y > ° Ewy .0Z5 ym p> U . uv y an d N 0 0dm o 5 b p s O s . C O U m E K 0- 0 1:6 0 CbC° O d• C R a`i 7 :? 0 ¢ 'C O cc cc y E v ayi p a 3 y [- . c y C u L .0 O No a s•DEa 6o co o s no 0 ES -52 Carden Street Terraces Project Final EIRPacket Pg. 264 Item 16 d C C i v CS Cd C i C W 3 7 w 0 L E 7 W d F EXECUTIVE SUMMARY w N 0 0 3 0 t o ° o a 0 0 N ao 0 5 >O 4 0 E a F N c N Ca v E R °: 'S 0 E 3 0 y .E 0.= 0 O ro o O v' ° a0 y-0 r- 0 o 0 s c CQ 3 > E s E 0 0a 0Ms U c :m .0 m,g ro °L' s —_ m0 E E E Na >0gI. 7 .E o °' Aa m y 0 0 c 0 c— o A° E y o° c g O _ °? x °° C4 °' U5 °3o ro .o . i' 00.EooVroN' o c m; > 3 cum v 6 0. °Q! v c ° e' Tro o v 'G 0 3 _T =L 0° 0 ° ° D 'o 0 9. °° 6 x° ? a a E o aNbL:n i..i N 0 7 b N ro N cNa 7 0 y p 0 4 r .? 0 E :• N y ' w y 3ar_ ro 4 y 0 N ro °V 0 r ° G y 'r Y '0i 0 0 to T ro y C r y 0 0 CaLzUyoN .fl ° d 3 ^ 0 4, 0 7 L 5 ro> '0 5" ° y N N L 0.0 N 3 0..r o a $ fl o L on a^n ia• dw0- chi E b 00 0 'A o c fl.5 7 L 0 E ¢0. .5 U 0 u.E ° p Ua .?;T. S . o ca C 0. D ao > A c c o> N c-a E.0 o °'. aS °? roUa p xw'y E og:6 ccUy0s "00 w0 N Np ro C. 0 G C" p w °C N L W N .5 0 Cp 0 7 O 0 0 N L w 0 T 4'r 3 0 ro 0 a•y 0 G> U y U G 0 0> 0 sr•— 4c° ax0 v i i .'°= fle G R c R a_ > s v c Bv CT°° ,4Q cti 'Dy o N 33 >. o aN - vc - E a ° 0 ° 7 E Ap fl3E U ... cN U y . " 5va ' s N °> T3 > xE ro ° 0 io° n w O 3 ro C 3 ' O O0 a 0 ° ' o v S ° ` O0NCaCOCwOi.3 5 t s o 0 O 0 0 ' 0N0 O O ° y> ^ 7 TOy = m 0 ti Oq U. NO, . L E cc o R E00o ° CO U n Eo° E '° a 3 y o 0 &.c ro ro 0 cN4 '> o0 . o ro ° - -a 0 o x E ro °p33 E 0 E c° fl N COE. a ° a = o° ccp 0. S ° 06 IC O U N p L 3 0 G° w0O009:6 ^ m— a Ou 5coc cc •o :a 5 m oo > 0:5 ° v ° Q ,p 3 > o v 5 0.— o ro ^ E ' o to x 0 7 y O00- a C's CE Ay 4Eo 0roa Ec c> o ° 0 . -IV E : c o cw 0 ,, 0 T c,.0 0• 0.Tr e E L Z ,, 3 4° r ', E 0..0 3 c .O ro R C E .- 0. N N N O 4 Chid O b O 0> O E U tJ0. v U C U t U °' E G. d T —'• ca L N ,a fL ppp _ w as 0 5 0 N c C 0 0 0 d >''^. O > '0 0 0 W G. U y 0 0 C d3.N 4GC N O M abi 0 3y N O T' G UC. C ? K C ro.3 U 0 Nt,—r 3' 3 A 0 U v o 0 o''v fl N°? A— U E> ro ro ° o d ro° E c 0. ° c 3 d p N p.,% 0 o p aU 0 bO u,oou2ro E Eo0 nro„43ro @. ^rE .NNNN ° wroo r y OU a c 3O 0 O p 0 o 0 , e OL 3 `3ro p .W a S y.. on c a ° c c o o c V° :£ to o .E v fl 0> .5 -- o 0. v s? y a O ro ro E 5 a`p ° w o a—c3i ° a0i $ s 3 . a 3= ° m °: •3 o TO00- 0 0 0 ti U ( ri G 3 E p, •O N 0 ro4 C AOroto > t= ro D\ a 0 ro c y'7 N ,fly O> G c G G E L t O c v1 4 c O. CA 3 0 0 ro y c 0 L ro 0 0 0 3 ro 0 3 L A O L E E o.^ a-.su 3 c(-c. v G a Q o.S ° 4os aai /0)'0 3 r'p> > 0 y x K N w b t o co_ 8 N o o y ti o c L L U a° a° 0 3 °° Y ° y> U c ro .° N w °: aEi - 0 w CO .°' p .0 s v1 3 U y .E o> t. v t E 0 >1 Q) u o 0, R C u R p E" fl" 0 L E° r E$ U 0 °, 0 0. u U 3 E o O o, p 0. 0 O ro rob E O 00 o x > 3 S 0 3 d . O 3 Nb ^ ro s c a u d m° c 0 o CO Z0> E > fl E a4 aw o o oc C Ln fl o s a n2uoP. 0.ba9:6"0 ti a v F L0 Garden Street Terraces Project Final EIR ES -53 Packet Pg. 265 Item 16 a rii W UR CL E wad O i a W i 7 w R a R W c F EXECUTIVE SUMMARY cJ ES -54 Garden Street Terraces Project Final EIR L O O ^O b i bD O c a 3 VE b o o u E o 0 ou o c l cc 0 0 3 y°° C a 5 L3 = n> c R O J 07xv y ox CT R c0 E s o y a h o 7 Oqc o co mrte00 =.-.0 c °c ° a w` O O '' T' C p C v C A L p w p O O C O F N tJ E d L == N w GO P, C N ' V b V Q' O L 1 C O O . y O C N yO1 N N V oq V N VJ Vi N N 4r p t0 rC. 0I.0 c U r O Q c_ bz OJ ca is N . . C v i0 c U 0 E O v L p C. OEU . Q N'0 .9G N p.fl p pq JN r4LRv O tAa W O' 6. a CO =° c °° AuAy° e Y O' 2 Z O t0 0 V] p C ie U r. d ° y C a. 0O ^ p, yCTai O c•. w v bq L - A c NV II_ . O 0. 40c oU ° i R y a 002r. c0p. EcO> c °°.> Er E2°'c:: y e4°oda 9 3 0 b= p c > a'a y py p o 0 Aa o 3 co o booE° c o cp eQ 3b c o E E 0 0 E.4 40 o v to 0 Eg Cl 0 p E L •fiE p E T m C w ° 0 HmopamoomOouR w a a c ° v c o : ° O O w W -- U U 0Q ti p E 0 OOT'C' CEd3° m O• •p. y y0302 ' h L o c y o= c •0 Cr v 'C c 3 ti pc= 0 o0 ip 0 0. 0. A .N M O v .04 E p N C G itl 0 U L c 7 0 C y •°--' _% E u y t> y •E C "` 'U > o d E o y c"o.c o m E s o D a°i ° . axi Q o c a n d° =L° o b e y o b a o a$ 3r v d onv . 3 40 '-' C 3 w w O ° cad' bip CO0-- C 0. - V O m S_ v V tiL' c c 1u a a a o c c o E m y L 0° 0 ca ccoEvyxisOyCCOF0QaiG 0 0 ° L O vi p N 4 O L im V 9 .5 ca c0 E > C: Cc y m= 6 c R tid s E O 0 c ES -54 Garden Street Terraces Project Final EIRPacket Pg. 266 Item 16 b u C 0 Vi y uR rr Cd C i Li W V 7 w 0 ea W Z cc s EXECUTIVE SUMMARY V_ E v> y L v O Ur. C c a0 ° 0 O aEoU QU y R 0BA^7B N O nLi. CO o OL ° N r b C ° CO 3NR ( 0. 0. k c yE °3 w> ° 0 0 , A c oUdCRc v c . a 4 0 E V E 3 cc 0C 0 o 0 COaLv >>,-, > 0 3 L < E A O dVaV O pa Id L " CV r O . r Op N R m> y E °3 ° 3bouc 0 c t.- a 0 0 0vuw3CG0o0cL0oR S E u.5 ?;.= 2_ "7S?0G0 R a w o 5 o a:E > o ° 3 S ° 5 ° vi L O S R •ENORUV60h 'y y qA y y tJ C 0 °= E.6 o,?c 0 T E.= 0 c E A O° 0 o 5 r. y C ' y y 0 3 = 0.p N C io O fj L .y y v C y t .N T V .0 C R> .b O q C '9 „ >. O_A R E° 00 8 0."' R ° yp W 0 y °: o T > y c°qi ti E c 4J> c 0 0 o 0° E R $ u °' o QJ R oOt ° E on0 a. c 'o .> -° °o r 0 L a o a 0 b 72 0 0 0 0 R b b ° 0 v.5'C ° 3 cy o°u Cx R y- o L °.5 C o u o 4 r '> 0 0 o a o m E R E -° > or. 0 3 °w 0 ° 0 . °- y aFCi c a 0E- v .E v a0 a = Z ww C1 o U :: o E A 3 3 'o.° cc 0R Cy MSyyo E04.L. °a ra ao Q a'`O °oG R L >; R M -' L 0 .- c L ', p, c 5 3 0. 0 0 fir' .-0, .5 c., t R C V V ?? .O a o n d >, 0 O U 3 oCa q r R O u a o = 0E E aoa- oC c R _ E m_ a -- E ° d o a > o0. 0 m -0 ZM.0 H 3 s L c a°0i o 0 3 A ro o t' R. R oo = 0 ° o > E o CE E Q c 0. 9 o E v V 5 '' Q ° y E ° 5 N c ' 3L . y E m L y oU m U O ° v V L p .O N w R o 2 C : o U : N 4 V E . O R n '^ 0 ° toUtv > 0 v d oa o ° 00 s i s iv 3 'R 0 o c 0 a° E a a L o% a0i C boo ° 0 R F a ao . e Q0, ° o - C a> °p V e >'o aE °C1p y E c coi E. >r __o E o CO c a s 0 0> v 0 0 0 ^q o L° 0 L ° 0 a . 0 0 pim. C4. ' U 8 m c'S Y gH E ° ari °' U C C O > v 04 G o > o c 0 F..E s - R ° > v ' o > .0 on'v oW r n, y °' a 0 0> 0 3 v c r y as ° 0 ' 0 nc o o V e 0 U rs y 0 0 yc s 0 0 tiE b o 0 0 p o e L 0° . v a._ °' R u o 0 ' ° b 3 R , v c9 U N U O . y U y m 0 L 67 pa. d e r L : U 5 = 5 0 0 Q F" d °-; =° c .5 ? d 0 o v' >' - R R 3 0 0 U'u'E 0 w; o >> ° R> 7 b a. E ti s C o °' ti R y w V ° p° m E Q, .a 3 CO :: N co o H> E 0 w -0 ai'.0 R R 0 out t' 0UaL v 0 w- R V °: 0- oti 0 E t' 0 a m 3 0 Q -S 3> 6 _ = .. 5': a U N c c U o d- s o a> '> o c v.o 7 a`i '09 i0v a0i y 0 b m O t_ `" m R °° t'' a >°. a a v a0i ° C v nR- q W C y n' 0> O R a'r L°' O a 0 nq y V £ CO tw pp S Lam' L s y ECL O 0 R N .- a Vc.EUa wHQaa"ir.5' FaUmm C7[- R0awon3 >5 Garden Street Terraces Project Final EIR ES -55 Packet Pg. 267 Item 16 EXECUTIVESUMMARY - ES -56 Garden Street Terraces Project Final EIR Packet Pg. 268 Item 16 RESOLUTION NO. 10183 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A MODIFIED USE PERMIT AND VESTING TENTATIVE TRACT MAP FOR THE GARDEN STREET TERRACES PROJECT (U/TR 124 -06) 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 February 24, 2010, for the purpose of considering Application U/TR 124 -06, a use permit to allow a maximum building height of 74 feet and vesting tentative tract map for the Garden Street Terraces Project; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the requested entitlements; 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 June 1, 2010, for the purpose of considering Application U/TR 124 -06; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has reviewed and considered the Final EIR prepared for the project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and _th_ the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Use Permit Findings. Based upon all the evidence, the City Council makes the following findings in support of the use permit to allow a maximum building height of 74 feet: 1. With implementation of conditions of approval and mitigation measures contained in the EIR, the public benefits associated with the project significantly outweigh any detrimental impacts from the additional height because the project meets or exceeds all established performance standards for buildings taller than 50 feet and at least two required policy objectives, including the following: a. Affordable and workforce housing (three low- income housing units at 9% of total units built). R 10183 Packet Pg. 269 Item 16 Resolution No. 10183 (2010 genes) Page 2 b. Economic vitality (retail and hospitality uses at 216% of building footprint). c. Other policy objectives (implementation of the City's Garden Street Improvement Plan and Conceptual Plan for the City's Center). d. View access and preservation (fifth floor Sky Terrace with views of the Santa Lucia foothills). e. Historic preservation (rehabilitation of all on -site historic buildings consistent with the Secretary of the Interior's Standards for the Treatment of Historic Resources). 2. The mixed -use project is consistent with the General Plan and community goals for the following reasons: a. Maintains and enhances the downtown area as the commercial and social center of the City by converting surface parking lots to more economically productive uses. b. Expands space for existing businesses and opportunities for new businesses to locate in the downtown area by creating new hotel, retail and restaurant space. c. Provides housing downtown interspersed with commercial uses to help balance jobs and housing in the community. d. Provides for improved pedestrian amenities via the project's pedestrian streets and paseos. e. Rehabilitates all on -site historic buildings consistent with the Secretary Standards for Treatment of Historic Resources. SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings in support of the airspace subdivision: l.*`'The design of the vesting tentative tract map is consistent with the General Plan because the project will incrementally add to the City's housing inventory, conforms to the site's allowable density, provides for three low- income housing units, and does not change allowable land uses or modify the intent or design of the project. 2. The site is physically suited for the type and density of development allowed in the C -D- H zone because the site is located adjacent to existing street right -of -ways with complete City services and the airspace subdivision will simply allow for separate ownerships of the various project components. 3. The design of the subdivision, or the type of improvements, is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat Packet Pg. 270 Item 16 Resolution No. 10183 (2010 series) Page 3 areas for fish and wildlife, is surrounded by urban development and has already been developed with commercial buildings and surface parking. 4. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because no such easements exist. 5. The design of the subdivision, or type of improvements, is not likely to cause serious public health problems because the development will be designed to meet all existing building and safety codes. SECTION 3. Action. The City Council does hereby approve application U/TR 124 -06 with incorporation of the following conditions and code requirements: Conditions: 1. The project shall be revised consistent with the Reduced Development and Project without Public Parking Spaces alternatives. Revised plans shall incorporate all applicable EIR mitigation measures and use permit and subdivision conditions, subject to review by the Architectural Review Commission and final design approval by the City Council. 2. Minor variations to the Reduced Development alternative setback requirement of 15 feet above the 2nd floor level along Marsh and Broad Streets should be considered to achieve architectural benefits, subject to review by the Architectural Review Commission and final design approval by City Council. 3. If the revised project continues to exceed 50 feet in height, it shall be designed to comply with all applicable performance standards and policy objectives required in Chapter 17.42 C) of the Zoning Regulations for buildings taller than 50 feet, subject to the approval of the Community Development Director. 4. The use permit shall be effective for a period of five years from the date of approval. 5. All applicable mitigation measures contained in the Final EIR shall be included as conditions of approval, and are incorporated herein by reference. 6. Pursuant to Government Code Section 66474.9(b), the subdivider 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 subdivision, and all actions relating thereto, including but not limited to environmental review. 7. The project shall provide a minimum 8 -foot clear sidewalk width on all project street frontages where existing buildings are not retained. To accommodate this requirement, building entries may need to be recessed or street furniture relocated. Project plans indicate Packet Pg. 271 Item 16 Resolution No. 10183 (2010(ries) Page 4 that this required clearance is not provided at the comer of Broad and Marsh and along the Broad Street frontage. 8. Garden Street Improvement Plan: The final design of Garden Street shall be reviewed and approved by the Public Works Director and Fire Chief. Revisions to the plans shall include parallel parking, in- ground pavement lights across Higuera Street at Garden Street, dimensioned plans that identify a minimum 20 -foot wide curb -to -curb clear area between Marsh and Higuera Streets for emergency vehicle access, a minimum clearance of 4 feet behind a parked bicycle in Peak Racks for users to access the bike rack, dimensions from street furniture to building face with the goal of providing an 8 -foot clear width, the location of utility boxes or other sidewalk features that would limit the placement of street furniture, and retention of the existing truck turning radius onto Garden Alley to allow continued use by service vehicles. 9. Any City street furniture (i.e. bike racks, parking meters, trash cans, etc.) not utilized in the project shall be offered to the City for reuse at another location. 10. Building plans shall include City standard tree grates and pedestrian lighting for the downtown. 11. The parking structure shall be developed as a private parking structure. If the parking structure is approved for public parking, the circulation flow shall be reversed so the in- bound lane is on the right and adequate line of sight provided. This revision will provide adequate sight visibility and reduce confusion to those using a public parking garage. 12. Building plans submitted for public improvements shall include truck turning template diagrams illustrating truck turning movements at all street corners. A 35 -foot long ladder truck (12 feet wide) with a 44 foot turning radius shall maneuver the left hand turn from Garden Street onto Higuera Street. Plans shall be revised as needed to comply. 13. Bollards proposed for Garden Alley shall be relocated as close to the alley entry toward Garden Street as feasible so unauthorized vehicles will not have to back out of the alley. 14. Building plans shall include long and short-term bicycle parking dimensions per the manufacturer to illustrate adequate space and clearances are provided with a bicycle parked in each space. 15. A minimum of 3 short-term bicycle parking spaces shall be provided near the Broad Street entry to the neighborhood market for use by customers, subject to the approval of the Public Works Director. 16. Building plans shall identify bicycle parking required for commercial uses, the path of travel to these spaces and how these spaces will be easily accessed for use by employees and customers (i.e. directional signage and lighting). Packet Pg. 272 Item 16 Resolution No. 10183 (2010 ocries) Page 5 17. A minimum 6 -foot wide lighted pedestrian walkway shall be maintained (via an easement) through the building at street.level to allow public access from the interior of the building to Garden Alley, Garden Street, and Marsh Street. 18. To reduce vehicle conflicts in the parking structure street level driveway and allow for 6- foot clear pedestrian circulation, the proposed handicapped parking behind the hotel shall be relocated to the lower level. 19. The section of the City owned parcel located within "Garden Alley" and labeled as Remainder" on the tentative map shall be incorporated into the public alley to remain. The process to achieve this alley continuity shall be resolved prior to map recordation. The final map shall be revised if necessary to reflect any offer of dedication, prior deed, or revised tract boundary reflecting any final project development conditions or provisions of the MOU. 20. The final map shall correctly define and describe all lots including but not limited to the lot(s) used for parking purposes. The final map shall comply with final project actions regarding the use(s) of the parking garage as public, private, or common areas. 21. The final lot configurations including upper and lower limits shall be based on the final construction requirements. 22. A separate exhibit documenting zoning and building code compliance shall be approved to the satisfaction of the Community Development Department prior to recordation of the map. 23. The final map shall show any existing or proposed offers of dedication and pedestrian easements as conditioned with all applicable agreements, discretionary approvals and/or building permit and public improvement plan approvals. 24. Public pedestrian easements may be necessary to accommodate improvements required for Americans with Disabilities Act (ADA) compliance or for circulation clearances around obstructions to satisfy conditioned access width requirements. If required, these easements shall be shown on the map to the approval of the Public Works Director. 25. The subdivider shall dedicate any private or public utility easements determined necessary to serve or accommodate the development of this project. The necessity of said easements will be determined in conjunction with the review of the public improvement plans, utility company plans, and building plans for the development. 26. The final map shall reserve and delineate certain applicable horizontal and vertical private easements including but not limited to drainage, utilities, vehicular and pedestrian ingress & egress for the benefit of the lots affected by such easements. 27. Prior to the issuance of a building permit, the applicant shall receive Utilities Department approval of an interim garbage storage and pick up plan for businesses currently utilizing Garden Alley for trash pick up and storage. Packet Pg. 273 Item 16 Resolution No. 10183 (2010'3eries) Page 6 28. The proposed project includes replacement of the existing six -inch sewer line in Garden Street with a new eight -inch sewer line due to its age, grade defects, and poor condition in order to accommodate the additional wastewater flows from the proposed project_. Should the City replace the sewer line prior to the project, the applicant shall reimburse the City for the cost of upsizing the sewer line from six to eight inches to accommodate the wastewater flows associated with the project. Upon motion of Council Member Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Marx and Settle, and Vice Mayor Carter NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 151 day of June 2010. Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Stine Dietrick rty Attorney Packet Pg. 274 Item 16 RESOLUTION NO . 10312 (2011 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISP O APPROVING THE FINAL DESIGN OF THE GARDEN STREET TERRACE S MIXED-USE DEVELOPMENT PROJECT IN THE C-D &C-D-H ZONE S ARC 124-06 ; 1119, 1123-1127, 1129-1137 GARDEN STREET AND 712, 720, 722, 728, 736, 748 MARSH STREET ) WHEREAS,the applicant, Garden Street SLO Partners, LP, on August 8, 2006 , submitted a request for architectural approval of a proposal to develop a mixed-use developmen t project in the downtown core known as Garden Street Terraces ; and WHEREAS,the Cultural Heritage Committee (CHC) conducted a public hearing on July 25, 2011, and determined that the revised project design is appropriate in the Downtow n Commercial Zone and Downtown Historical District, and recommended final approval of th e project design to the Architectural Review Commission (ARC) and City Council ; and WHEREAS,the ARC conducted public hearings of the final design on August 15, 2011 , and September 19, 2011, and recommended approval of the project design to the City Council o n September 19 `h ; an d WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, o n November 1, 2011, pursuant to an application filed by Garden Street SLO Partners, LP, applican t for the purpose of considering ARC 124-06, final design review for the Garden S'ireet Terrace s Project ; an d WHEREAS,notices of said public hearing were made at the time and in the manner required by law ; and WHEREAS,the City Council has considered the Final Environmental Impact Repor t EIR) that was previously certified by the Council on June 1, 2010, along with the Addendu m dated September 2011 prepared to update the EIR to be consistent with revised project plan s reviewed by the CHC and ARC ; and WHEREAS,the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented a t said hearing . NOW, THEREFORE, BE IT RESOLVED,by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Environmental Determination .The City Council finds and determines that the project's Final EIR as updated by the Addendum dated September, 2011 adequatel y addresses the potential significant environmental impacts of the proposed project in accordanc e with the California Environmental Quality Act and the City's Environmental Guidelines, an d reflects the independent judgment of the Council . The Council has reviewed and considered th e R 10312 Packet Pg. 275 Item 16 Resolution No . 10312 (2011 Series ) Page 2 information contained in this Addendum in its consideration of the final project design and find s that the preparation of a subsequent EIR is not necessary, based on the following findings : Finding s 1 . None of the circumstances included in Section 15162, which require a subsequent EIR hav e occurred, specifically : a.The project changes do not result in new environmental impacts . b.The circumstances under which the project is undertaken will not require major change s to the EIR . c.The modified project does not require any substantive changes to previously approve d mitigation measures . 2 . The proposed modifications to the project description are consistent with prior Counci l direction to update plans to be consistent with the Reduced Development and Projec t without Public Parking Spaces alternatives included in the certified Final EIR approved b y the City Council on June 1, 2011 . 3 . All of the updated mitigation measures are reasonably necessary to reduce potentiall y significant impacts to less than significant levels and become project conditions . 4 . The changes are consistent with City goals to promote the intensification of infill sites , respect the context of the site's setting in the Downtown Commercial Zone and Downtown Historical District, provide a project scale compatible with its surroundings, accommodat e pedestrian flow through the site and onto adjacent streets, and bring economic vitality to th e downtown core . 5 . The proposed scale and design of buildings will be compatible with surrounding uses a s found by the City's Architectural Review Commission with their review of project plan s and are consistent with the City's General Plan, Zoning Regulations, and Communit y Design Guidelines . SECTION 2 .Action.The final design of the Garden Street Terraces Project (ARC 124-06 ) is hereby approved, based on the following findings, and subject to the mitigation measure s listed in the attached Exhibit A and the following conditions : Finding s 1 . As designed and conditioned, the building materials, style, character, and form of the ne w structures within the project will promote the architectural character, style, form, an d materials of the Downtown Commercial Zone and Downtown Historical District an d complement the architectural character of the surrounding buildings and area consisten t with the City's Historic Preservation Program Guidelines . Packet Pg. 276 Item 16 Resolution No . 10312 (2011 Series) Page 3 2.The project is consistent with standards contained in the City's Community Design Guidelines for the downtown, which encourage projects to be pedestrian-oriented, and to have proportions and design details that complement surrounding structure s 3.The project's design is consistent with the design principles contained in Section 4 .16 of the Land Use Element including providing pedestrian-oriented spaces on the ground floor o f buildings, continuous storefronts, and upper floor dwellings and offices . 4.The project is consistent with the mitigation measures adopted by the City Council on Jun e 1, 2010 with the certification of the Final Garden Street Terraces Project EIR . Condition s 1.Final project design and construction drawings shall be in substantial compliance with th e project plans approved by the City Council . A separate full-size sheet shall be included i n working drawings submitted for a building permit that list all conditions, and cod e requirements of project approval as Sheet No . 2 . Reference should be made in the margin of listed items as to where in plans requirements are addressed . Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved b y the Director or Architectural Review Commission, as deemed appropriate . 2.The final design approval shall be valid for five years from the date of City Counci l approval . 3.The project is subject to all of the conditions approved through City Council Resolution No . 10183 (2010 Series) for a modified use permit and tentative tract map . If a previou s condition is modified with this latest approval, the latter condition shall prevail and supersede the former wording of the condition . Any phasing of the overall project, shal l receive Community Development and Public Works Department review and approval . 4.All applicable mitigation measures contained in the Final EIR shall be included a s conditions of approval and are included in the attached Exhibit A . Building Design 5.The new project building through its lowered height and design which includes wall offsets , tiered massing, and visual gaps at upper building levels meets the intent of the parameter s included in the Reduced Development Alternative of the EIR for upper floor setback s eliminating the need for Condition No . 2 of City Council Resolution No . 10183 (201 0 Series). 6.Historically accurate window specifications for the buildings at 1119 and 1123 & 113 7 Garden Street shall be reviewed by the Architectural Review Commission (ARC) with thei r review of project plans and details shall be included in working drawings . 7 . Changes to the rear elevation of the building at 1123-1127 Garden for new windows and Packet Pg. 277 Item 16 Resolution No . 10312 (2011 Series ) Page 4 doors shall be a quality and historically accurate treatment . Specific details shall b e reviewed by the Architectural Review Commission (ARC) with their review of projec t plans and details and specifications included in working drawings . 8.The existing variety of color with the tenant spaces within the buildings at 1129-113 7 Garden, or a similar new proposal, shall be maintained to reinforce the character and interest of the block . 9.All of the significant and contributing character-defining historic features identified in th e Garden Street Terraces Project Analysis prepared by Chattel Architecture, Planning & Preservation dated April 2011 shall be retained and incorporated into the project consisten t with the Secretary of the Interior Standards and Historic Preservation Program Guidelines . 10.The building at 748 Marsh shall be painted in a color consistent with its Spanis h architectural style that differentiates it from the new construction beyond . 11.The central portion of the Marsh Street elevation of the new structure shall be finished in a compatible color to differentiate it from adjacent storefronts . 12.Plans submitted for a building permit for all project components shall include windo w details indicating the style and type of materials for the windows, mullions, thei r dimensions, and colors . Plans shall also include the materials and dimensions of all lintels , sills, surrounds, recesses, and other related window features . 13.Plans submitted for a building permit for all project components shall clearly show detail s for all railings, balconies, decorative architectural features, and storefronts . 14.The plaster finish for buildings shall be smooth-troweled as noted on plans . Planning 15.The project's required archaeological monitoring report shall be reviewed by the Cultura l Heritage Committee . 16.The specific art proposals for the project shall return to the ARC for review at a later date once developed by artists and approved by an art jury as overseen by the SLO Arts Council . Consider an additional location for public art at the corner of Marsh and Broad Streets . 17.Details of lighting fixtures shall return to staff for review and approval, either prior to, o r along with, the plans submitted for a building permit . The locations of all lighting fixture s shall be clearly called out on building elevations included as part of working drawings . Th e lighting schedule for buildings shall include a graphic representation of the propose d lighting fixtures and cut-sheets shall be separately submitted for the project file of th e proposed lighting fixtures . The selected fixture(s) shall be shielded to insure that light i s directed downward consistent with Section 17 .23 .050 of the Zoning Regulations . Details o f all exterior light fixtures, including site lighting and service area lights, need to be included Packet Pg. 278 Item 16 Resolution No . 10312 (2011 Series ) Page 5 as part of plans . A note shall be included on plans that "Lenses of exterior wall-mounte d lights may be modified or shielding devices added after installation if the Communit y Development Director determines that they emit excessive glare ." 18.A specific sign program for the project shall be to the review and approval of th e Architectural Review Commission (ARC). The sign program shall include information o n the sizes, locations, colors, materials, and types of signage proposed for various building s and project directional signs, including garage and hotel entry signage . Project signs shall be designed to be compatible with the architecture of proposed buildings and t o complement the site's setting within both the Downtown Commercial Zone and Downtow n Historical District . Once adopted, the sign program shall contain provision for th e Community Development Director to approve minor deviations to the approved sign program if findings can be made in support of the exception being consistent with the inten t of the program, and in keeping with the design characteristics and historical context of th e building(s) and/or site . The Director may refer signage proposals to the ARC if there ar e concerns that a particular design is out of character with the sign program . 19.Mechanical equipment shall be located internally to buildings . With submittal of workin g drawings, the applicant shall include sectional views of buildings, which clearly show th e sizes of proposed condensers and other mechanical equipment to be placed on the roof t o confirm that parapets and other roof features will adequately screen them . A line of site diagram may be needed to confirm that proposed screening will be adequate . 20.The required fire risers for buildings shall be located internal to buildings . Other fir e department equipment shall be located internal to buildings where feasible . The externall y mounted Fire Department Connection (FDC) for buildings shall have a chrome or bras s finish to the approval of the Community Development Director . Trees 21.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 t o commencing with any demolition, grading, or construction . The City Arborist shal l approve any safety pruning, the cutting of substantial roots, or grading within the dripline o f trees . A city-approved arborist shall complete safety pruning . Any required tree protection measures shall be shown or noted on the building plans . Contact the City Arborist at 781 - 7023 to review and to establish any required preservation measures to be included with th e building permit submittal . 22.A tree protection bond or surety shall be provided to the city prior to demolition , construction, and/or tree relocations to the satisfaction of the City Arborist, Public Work s Director, and Community Development Director . The surety amount shall be established i n accordance with current standards for evaluating tree value . Packet Pg. 279 Item 16 Resolution No . 10312 (2011 Series ) Page 6 23 . All new or relocated trees shall be installed per City Engineering Standards . Existing trees to remain shall be upgraded to include a tree well and grate per City Engineering Standar d 8130 where determined feasible by the City Arborist . 24 . Any required off-site compensatory tree planting as required by Mitigation Measure VIS-5 b shall be 24" box stock. Said plantings shall be completed prior to acceptance of the publi c improvements or prior to occupancy whichever occurs first unless otherwise approved fo r deferral by the Public Works Director . Public Works 25 . Plans submitted for a building permit shall address the following items of the Garden Stree t Improvement Plan : a.In-ground pavement lights across Higuera Street at Garden Street . b.Final loading zone design/placement . c.Public art proposal, if applicable . d.An increase in height of the parking bollard to improve its visibility . e.Inclusion of one on-street ADA parking space . f.Use of the four existing Peak bicycle racks . g.Final parkway designs . 26 . The Garden Street Alley plan shall include a decorative pavement treatment for its entir e extent between Garden and Broad Streets and show all existing and proposed public an d private utilities . Improvements to the public alley, including final bollard design, shall b e reviewed and approved by the Public Works Director . The proposed grease intercepto r may be located within the public alley . A separate encroachment agreement shall b e recorded against the property . 27 . Final street furniture details shall comply with the City Engineering Standards in effect a t the time of submittal or as otherwise approved by the City Engineer . 28 . Disruption to pedestrian or vehicle traffic and/or property access shall be minimized subjec t to the approval of the Public Works Director . The contractor or sub-contractor(s) may b e required to provide written notice to any affected properties prior to commencing wit h work . A list of properties to be noticed shall be approved by the city and documentation o f delivery of said notice(s) shall be provided to the city . Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on th e following vote : AYES :Council Members Carpenter and Carter, Vice Mayor Ashbaugh an d Mayor Marx NOES :Council Member Smit h ABSENT : None Packet Pg. 280 Item 16 Resolution No . 10312 (2011 Series ) Page 7 The foregoing resolution was adopted this 1 "day of November 2011 . ATTEST : APPROVED AS TO FORM : Packet Pg. 281 Item 16 EXHIBIT A Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Level s Impact Mitigation Measures Residual Impact 3 .2 Air Quality MM AQ-1a The following standard air quality mitigation measure s shall be implemented during construction activities at the projec t site : Water trucks or sprinkler trucks shall be used durin g construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site . At a minimum, this woul d require twice-daily applications. Increased watering frequenc y would be required when wind speeds exceed 15 miles per hou r mph). Reclaimed water (non-potable) shall be used whe n possible . Exposed ground areas that are planned to be reworked at date s greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation i s established. All disturbed soil areas not subject to revegetation shall b e stabilized using approved chemical soil binders, jute netting, o r other methods approved in advance by the APCD . Install wheel washers where vehicles enter and exit unpave d roads onto streets, or wash off trucks and equipment leaving th e site . All PM IO mitigation measures required shall be shown on grading and building plans . The contractor shall ensure that portable equipment, 5 0 horsepower or greater, used during construction activities hav e the appropriate California statewide portable equipment registration (issued by ARB) and/or APCD permit . To minimize potential delays, prior to the start of the project, Gary Willey o f the District's Engineering Division at (805) 781-5912 shall b e contacted for specific information regarding permitting requirements . In addition to MM HAZ-3, proper abatement of lead befor e demolition of structures shall be performed in order to prevent the release of lead from the site . On-site vehicle speeds shall be 15 mph or less . All dirt stockpile areas shall be sprayed daily as needed . Soil-binders,approved by the APCD prior to use,shall be used AQ-1 Implementation of the propose d project would result in significan t unavoidable construction emissions of N Ox and ROG at levels that exceed the Count y of San Luis Obispo APCD thresholds an d contribute incrementally to greenhouse ga s emissions . The projected emissions for the propose d project were found to be above th e established CEQA thresholds for both short - term and long-term construction emission s of ROG and NO x. Implementation of standard APCD-recommended conditions a t the project site would minimiz e construction-related air quality impacts ; however, this impact would remai n significant and unavoidable, even afte r mitigation Packet Pg. 282 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued) Residual Im 'actImpactMitigationMeasures on completed cut-and-fill areas in order to reduce fugitive dust emissions . Reduce the amount of disturbed area where possible . Permanent dust control measures identified in the approved project re-vegetation and landscape plans shall be implemente d as soon as possible following completion of any soil disturbin g activities. All roadways, driveways, sidewalks, etc . to be paved shall be completed as soon as possible . In addition, building pads shall be laid as soon as possible unless seeding or soil binders ar e used . All trucks hauling dirt, sand, soil, or other loose materials are t o be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114 . All streets adjacent to the project site shall be swept at the end o f each day if visible soil material is carried onto adjacent pave d roads . Water sweepers with reclaimed water shall be used wher e feasible . Demolition activities associated with the preparation of the project site shall comply with requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (4 0 CFR 61, Subpart M - asbestos NESHAP) prior to the start of an y demolition activities, including : 1) notification requirements t o the APCD, 2) asbestos survey conducted by a Certified Asbesto s Inspector, and, 3) applicable removal and disposal requirement s of identified ACM . Tim Fuhs of the APCD Enforcemen t Division (781-5912) shall be contacted for more information . As detailed in MM HAZ-2c, the applicant shall ensure that a soi l and bedrock analysis is conducted to determine if NOA i s present within the area that will be disturbed in compliance wit h the California ARB Air Toxics Control Measure (ATCM) fo r Construction, Grading, Quarrying, and Surface Minin g Operations . If NOA is not present, an exemption request shal l be filed with the APCD . If NOA is identified at the project site , the applicant shall comply with all requirements outlined in th e Asbestos ATCM . This may include development of an Asbesto s Dust Mitigation Plan and an Asbestos Health and Safet y Program for review and approval by the APCD, in coordinatio n with the City, prior to the start of any work at the site . Due t o the close proximity to sensitive receptors, air monitoring may Packet Pg. 283 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact MitigationMeasures Residual Impact also be required . Tim Fuhs of the APCD Enforcement Divisio n 781-5912)or the APCD web page http ://www .slocleanair.org/business/asbestos .asp) shall be contacted for more information . MM AQ-1 b Maintain all construction equipment in proper tun e according to manufacturer's specifications . MM AQ-1c Fuel all off-road and portable diesel powere d equipment with California ARB-certified motor vehicle diesel fue l non-taxed version suitable for use off-road). MM AQ-ld Maximize, to the extent feasible, the use of diese l construction equipment meeting California ARB's 1996 and newe r certification standard for off-road heavy-duty diesel engines . MM AQ-1 a Maximize to the extent feasible, the use of on-roa d heavy-duty haul trucks that are 2007 or newer. MM AQ-1 f Catalytic soot filters shall be installed on equipmen t projected to generate the greatest emissions and be utilized onsite th e longest (cranes and excavator). The owner shall install and us e oxidation catalysts for each catalytic soot filter that is determined t o be unsuitable . Suitability is to be determined by an authorize d representative of the filter manufacturer, or an independen t California Licensed Mechanical Engineer who will submit, for District approval, a Suitability Report identifying and explaining th e particular constraints to using the preferred catalytic soot filter . Installations must be done according to manufacturer's specifications. As part of the Construction Activity Managemen t Plan (CAMP) review and approval process, the applicant shal l recalculate construction phase emissions using equipment-specifi c information and project-specific hauling distances . After these calculations have been completed, the applicant shall work with th e APCD and the City to determine the number of filters, or othe r appropriate mitigation measures, for the construction phase . MM AQ-1g A Construction Activity Management Plan (CAMP ) shall be included as part of project grading and building plans an d shall be submitted to the APCD for review and to the City for final approval prior to the start of construction. In addition, the contracto r or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site . Their duties shall include holidays Packet Pg. 284 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact 1Vlitigation Measures Residual Impact and weekend periods when work may not be in progress . The nam e and telephone of such persons shall be provided to the APCD prio r to land use clearance for map recordation and grading . The plan shall include but not be limited to the following elements : Schedule construction truck trips during non-peak hours (a s determined by the Public Works Director) to reduce peak hour emissions . Limit the length of the construction work-day period, i f necessary . Because of the magnitude of the off-site hauling of soil an d demolition debris that will be required with the project propose d truck routes shall be evaluated to identify routing patterns wit h the least impact to residential communities and sensitiv e receptors, such as schools, daycare facilities, hospitals, an d senior centers . On- and off-road diesel equipment shall not be allowed to idle for more than three minutes . Signs shall be posted in th e designated queuing areas to remind drivers and operators of th e three minute idling limit . The applicant shall recalculate construction phase emissions using equipment-specific information and project-specifi c hauling distances . After these calculations have been completed , the applicant shall work with the APCD and the City t o determine the number of filters, or other appropriate mitigatio n measures, for the construction phase . MM AQ-1h The following mitigation measures, as suggested i n CAPCOA 2008, shall be implemented during construction activities, to reduce greenhouse gas emissions to the maximum practicabl e extent: Use of locally or nearby produced building material s Use of renewable or reclaimed building material s Recycle demolished construction materia l MM AQ-3a The applicant shall ensure that all equipment utilized i n operational activities have the necessary APCD permits when appropriate . To minimize potential delays, prior to the start of th e project, Gary Wiley of the APCD's Engineering Division at (805 ) 781-5912 shall be contacted for specific information regardin g permitting requirements . MM AQ-3b The project applicant shall agree to provide a fair-share AQ-3 Implementation of the propose d project would result in significan t unavoidable operational air pollutant emissions of NO X at levels that exceed the County of San Luis Obispo APC D thresholds and potentially significan t operational emissions of ROG, CO, PM10, Air emission impacts from operation of th e proposed project, from emissions of ROG , NOx, and CO, are significant an d unavoidable . In accordance with the Sa n Luis Obispo APCD's CEQA Air Quality Handbook,all standard mitigation measure s and feasible discretionary mitigation Packet Pg. 285 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact Mitigation Measures Residual Imp act and greenhouse gases .contribution to local and/or regional transit systems to increase bus measures must be incorporated into the ridership and provide air pollution reduction benefits . Allocation of project. Residual impacts would remain these funds between regional and local transit shall be at the discretion above the Tier 1 threshold identified in th e of the City Public Works Director .San Luis Obispo APCD's CEQA Air MM AQ-3c On-site banking (automatic teller machine) and postal Quality Handbook for ROG, NOx, and CO . services (drop boxes) shall be provided at the project site . MM AQ-3d The developer shall ensure that information on publi c transit, bicycle parking, carpooling and local transportatio n management organizations, such as the County's Transportatio n Choices Program, shall be provided to residents of the proposed condominiums and future employees of the hotel and retail uses in order to encourage reduction in personal vehicle use and relate d emissions . MM AQ-3e The project applicant shall develop and implement an aggressive parking demand reduction and management progra m coordinated with the County's Transportation Choices Program an d submitted to the APCD for review. This program may include, bu t is not limited to the designation of a Transportation Coordinator wh o will manage transportation programs for the project and shal l promote alternative modes of transportation, transit subsidies fo r both City and regional transit system (including residents an d employees), applicant-funded "Gold Passes" to be distributed t o employees and information regarding parking and transportation options for customers . The project applicant will be required to submit an implementatio n plan to the City Transportation Division, for review and approval or amendment, which demonstrates how this mitigation measure wil l be achieved . MM AQ-3f The following measures shall be implemented t o reduce impacts from vehicle emissions : Provide incentives to employees to carpool/vanpool, take publi c transportation, telecommute, walk, bike, etc. by implementin g the Transportation Choices Program . The applicant shal l Contact SLO Regional Rideshare at (805) 541-2277 to receiv e free consulting services on how to start and maintain a program . Implement a City-approved Trip Reduction Program . Provide on-site bicycle parking consistent with City Genera l Plan Circulation Element Policy 3 .4 and ordinance requirements . Packet Pg. 286 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact Mitigation Measures Residual Impact Provide preferential carpool and vanpool parking spaces . Provide shower and locker facilities for employees of the hote l and/or one shared shower and locker facility for all sit e employee s Provide electric/hybrid facilities (e .g., charging stations and/or reserved parking) in the parking structure . MM AQ-3g The following measures shall be implemented t o reduce area source emissions for both residential and commercial components of the project : Use roof material with a solar reflectance value meeting th e Environmental Protection Agency/Department of Energy Star ® rating to reduce summer cooling needs . Built-in energy efficient appliances shall be used . Double-paned windows shall be installed . Energy efficient interior lighting shall be installed . Only APCD-approved wood-burning devices shall be installed i n new dwelling units . These devices include : all USEPA-Certifie d Phase II wood burning devices ; catalytic wood burning device s which emit less than or equal to 4 .1 grams per hour of PM; non- catalytic wood burning devices which emit less than or equal t o 7 .5 grams per hour of PM; pellet-fueled wood heaters ; an d dedicated gas-fired fireplaces . If residential wood-burnin g devices are not US EPA certified, they must be verified by a nationally-recognized testing lab . Native, drought-resistant plants shall be used in landscaping . Low energy parking lot and street lights (e .g., sodium) shall b e used. Renewable or reclaimed building materials shall be used. Locally or nearby produced building material shall be used . MM AQ-3h Owner/developer shall consider potential odor an d nuisance factors from nail salons, dry cleaners, coffee roasters, etc ., when assessing mixed-use incompatibility issues . MM AQ-3i The following additional mitigation measures shall b e implemented during operational activities, to reduce greenhouse ga s emissions to the maximum practicable extent (CAPCOA 2008 ; APCD 2008): MM D-1 : Office/Mixed Use Density . Proposed project woul d provide high density office or mixed-use proximate to transit . MM D-3 : Services Operational . Proposed project provides on- Packet Pg. 287 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact Mit '_ation Measures Residual Impact site shops and services for employees . MM D-4 : Residential Density – employ sufficient density fo r new residential development to support the use of public transit . Transit facilities within one-quarter mile of proposed projec t border . Proposed project provides safe and convenien t bicycle/pedestrian access to all transit stop(s) within one-quarte r mile of project border . May result in 1-12% reduction i n emissions, depending on density and headway frequencie s SMAQMD 2007). MM D-9 : Urban Mixed-Use . Development of proposed projec t is predominantly characterized by properties on which variou s uses, such as office, commercial, institutional, and residential , are combined in a single building or on a single site in a n integrated development project with functional interrelationship s and a coherent physical design . SMAQMD has suggested a n emissions reduction of 3% to 9% from implementation of thi s mitigation measure . MM D-12 : Infill Development . The proposed project site woul d be on an infill site that is highly accessible to regiona l destinations . This infill development reduces vehicle trips an d vehicle miles traveled (VMT) by 3% and 20% respectively (Feh r Peers 2007 ) MM D-14 : Enhanced Recycling/Waste Reduction, Reuse , Composting . The proposed project shall provid e infrastructure/education that promotes recycling, separating o f food and green waste for off-site composting . MM D-15 : LEED certification . The proposed project will buil d to standards which would qualify it for Silver LEE D certification . MM E-3 : Natural Gas Stove . The proposed project shal l implement, when feasible, natural gas stoves in commercial an d residential units, to reduce electricity usage and electricity costs . 3 .3 Cultural Resource s CR-8 The proposed project could MM CR-8 If human remains are encountered during archaeologica l potentially damage or destroy Mission-era excavation or during construction, all excavation or disturbance in human burials due to grading and the vicinity of the remains or any nearby area reasonably suspecte d excavation .to overlie human remains, as determined by the cultural resource s monitor, must stop. The San Luis Obispo County Coroner must b e contacted immediately to determine whether investigation of the With regard to Impact CR-8, if huma n remains are encountered during projec t development, disturbance of these remain s and their removal to another location fro m their original context would be a significant and unavoidable impact . The severity of Packet Pg. 288 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued ) Impact Mitigation Measures Residual Impac t__ cause of death is required. If the coroner determines that the remain s are Native American, the Coroner must contact the Native America n Heritage Commission (NAHC) within 24 hours . The NAHC shal l identify the person or persons it believes to be the most likel y descendants (MLD) of the deceased Native American . This person will provide recommendations for the treatment of human remains . Based on discussions with tribal representatives, and subject to concurrence of the MLD, the following treatments of human remain s shall be considered (in order of preference): 1 . Remains shall be left in place if at all possible ; 2. Remains shall be disinterred and reburied on the project site in a location not subject to further disturbance ; 3 . Remains shall be disinterred and reburied in a location provide d by the California Department of Parks and Recreation; or 4 . Remains shall be disinterred and reburied in a location provide d by the project proponent and at the project proponent's sole cost . Any disinterment of human remains shall be carried out with du e care and respect, according to archaeological procedures . In situ Native American remains shall be documented with drawings , measurements, and other non-destructive methods, but shall not b e photographed or subject to destructive analysis without prio r approval of the MLD . the residual impact could vary substantiall y depending upon the number and conditio n of bodies discovered . The HSC defines a cemetery as "a place where six or mor e human bodies are buried ." Section 7600 o f the HSC states that : The governing body of any city having a population of more than fifteen hundred an d not exceeding one hundred thousand, may, by ordinance, and under such rules an d regulations as it may adopt, provide for th e disinterring and removal of all human remains from cemeteries in which n o interments have been made for a period of two years, which are within the city, o r owned and controlled by the city and located without its boundaries. Thus, if six or more burials are encountere d on the project site, the City Council may be required to make a finding or pass an ordinance providing for the removal an d reburial of these remains . 3 .8 Nois e NO-1 Short-term construction activitie s would temporarily generate significan t unavoidable noise levels that would excee d thresholds established in the City of San Luis Obispo, General Plan Noise Elemen t and Noise Guidebook . MM NO-la Except for emergency repair of public service utilities , or where an exception is issued by the Community Development Department, no operation of tools or equipment used in construction , drilling, repair, alteration, or demolition work shall occur on Monda y through Saturday between the hours of 7 :00 P .M . and 7 :00 A .M ., or any time on Sundays or holidays, such that the sound creates a nois e disturbance across a residential or commercial property line . MM NO-lb Where technically and economically feasible , construction activities shall be conducted so that the maximum nois e levels at affected properties will not exceed 80 dBA for multi-famil y residential and 85 dBA for mixed residential/commercial land uses , restaurants, and meeting places . MM NO-lc For all construction activity at the project site, Even with implementation of mitigatio n measures, City noise standards for mixe d residential/commercial uses may be temporarily exceeded during grading an d foundation construction activities (e .g ., installation of caissons). Standar d mitigation measures restricting hours o f construction would minimize impacts ; however, due to the location of sensitiv e land uses adjacent to the project site, nois e standards may be periodically exceeded . Nr+ Packet Pg. 289 Item 16 Table ES-1 . Class I Impacts - Significant, Unavoidable Impacts That May Not Be Fully Mitigated to Less Tha n Significant Levels (continued) ResidualImpactImpactMitiationMeasures Sound blankets shall be used on noise-generating equipment . Stationary construction equipment that generates noise level s above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of ho w well noise barriers attenuate sound) of 25 . All diesel equipment shall be operated with closed engine door s and shall be equipped with factory-recommended mufflers . The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7 :0 0 A .M. and 7 :00 P.M ., Monday through Saturday . No movement of heavy equipment shall occur on Sundays or official holiday s e .g., Thanksgiving, Labor Day). Temporary sound barriers shall be constructed betwee n construction sites and affected uses . MM NO-ld The contractor shall inform residents and busines s operators at properties within 300 feet of the project site of propose d construction timelines and noise complaint procedures to minimiz e potential annoyance related to construction noise . Noise-related complaints shall be directed to the City of San Luis Obispo's Community Development Department . additional noise attenuation techniques shall be employed as neede d to ensure that noise levels are maintained within levels allowed b y the City of San Luis Obispo Municipal Code, Title 9, Chapter 9 .1 2 Noise Control). Such techniques shall include, but are not limite d to: Packet Pg. 290 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Level s Impacts Mitigation Measures Residual Impacts 3.1 Aesthetics and Visual Resource s VIS-5 Project construction would result i n removal of 19 of the 23 existing matur e parking lot and street trees on an d surrounding the site . VIS-6 The project has the potential t o create a new source of substantial light o r glare that would create a significant impac t to the character or quality of the site and it s surroundings. MM VIS-5a Recommendations addressing tree protection in th e site-specific Arborist Report and Addendum (August and Novembe r 2008) shall be incorporated into the project design to ensure that construction activities minimize damage to the remaining four tree s on the project site . MM VIS-5b The applicant shall ensure that there is no net loss o f trees in the project vicinity either through direct planting of a minimum of twelve additional new street trees in vacant street tre e wells on the blocks surrounding the site or through payment o f sufficient fees to the City to cover the cost of installation and tw o years of maintenance for such trees . MM VIS-6 The proposed project shall be consistent with Chapte r 17 .23, Night Sky Preservation, of the City's Zoning Ordinance , including ensuring that light fixtures are shielded and directe d downward to the maximum extent feasible to minimize visibility o f the lamp and any reflective surface from public streets or spaces . Implementation of mitigation measure s would reduce impacts to adverse, but les s than significant . Implementation of mitigation measure s would reduce impacts to adverse, but les s than significant . 3.2 Air Quality AQ-2 Implementation of the propose d project could result in the release of vapors from hydrocarbon-contaminated soils during construction related activities . MM AQ-2 Should hydrocarbon contaminated soil be encountere d during construction activities, the APCD shall be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if an APCD permit will be required. I n addition, the following measures shall be implemented immediately after contaminated soil is discovered: Obtain a contaminated soil excavation permit from the APC D prior to the start of construction . Covers on storage piles shall be maintained in place at all time s in areas not actively involved in soil addition or removal ; Contaminated soil shall be covered with at least six inches o f packed uncontaminated soil or other total petroleu m hydrocarbons–non-permeable barrier such as plastic tarp . N o headspace shall be allowed where vapors could accumulate ; Covered piles shall be designed in such a way to eliminat e erosion due to wind or water . No openings in the covers ar e permitted ; During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance ; and, Implementation of Mitigation Measure M M AQ-2, along with MM HAZ-la throug h MM HAZ-1 c, would reduce impacts fro m release of vapors from hydrocarbon - contaminated soils during construction t o less than significant . c NW Packet Pg. 291 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impact s Clean soil shall be segregated from contaminated soil . The notification and permitting determination requirements shall b e directed to Karen Brooks of the APCD Enforcement Division a t 805) 781-5912 . 3 .3 Cultural Resource s CR-6 The proposed project could result in MM CR-6a Prior to commencement of new construction, a Implementation of MM CR-6a and CR-6b significant impacts to historic structures qualified structural engineer shall survey the existing foundations would reduce impacts to less tha n both on and adjacent to the project site as a and other structural aspects of the immediately adjacent historic significant levels . result of indirect structural damage fro m demolition and construction activities . buildings and provide a shoring design to protect the histori c buildings from potential damage . Pot holing or other destructiv e testing of the below grade conditions on the project site an d immediately adjacent historic buildings may be necessary to establish baseline conditions and prepare the shoring design . The qualified structural engineer shall determine the safe distance for an y pile driving activity in relation to the immediately adjacent histori c buildings. The shoring design shall specify threshold limits fo r vibration causing activities and area limits on the location of pil e driving activity . The engineer shall hold a valid license to practice structura l engineering in the State of California and have demonstrate d experience specific to rehabilitating historic buildings and applyin g the Secretary's Standards to such projects . The Community Development Director shall determine qualification prior to an y work being performed . Prior to issuance of any building permit fo r the proposed project, the qualified structural engineer shall submit t o the lead agency a pre-construction survey that establishes baselin e conditions to be monitored during construction. The pre-construction survey shall be reviewed and approved by the City's Director o f Public Works and any other committee's deemed necessary prior t o the issuance of any demolition or construction permits for the project . The qualified structural engineer shall monitor vibration durin g vibration-causing construction activities to ensure excessiv e vibration does not occur . The qualified structural engineer shall hav e the ability to halt construction activity in the event that he/she deem s construction activity may harm adjacent historical resources . At the conclusion of vibration causing construction, the qualifie d structural engineer shall issue a follow-up letter describing damage, if any, to immediately adjacent historic buildings and Packet Pg. 292 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impacts recommendations for repair, as may be necessary, in conformanc e with the Secretary's Standards . Repairs to immediately adjacen t historic buildings shall be undertaken and completed in conformanc e with all applicable codes including the California Historical Buildin g code (Part 8 of Title 24) prior to issuance of any temporary or permanent certificate of occupancy for the new building. The project applicant shall indemnify the City and hold the Cit y harmless from any legal proceedings or other actions resulting fro m unintentional damage that may occur during demolition , construction, retrofitting, or relocation of buildings on the site . MM CR-6b The applicant shall post a cash surety or other guarantee acceptable to the City to repair damage to private improvement s caused by construction activities for the proposed project, includin g damage to on- or off-site cultural resources . The surety shall be i n an amount equal to the sum of the rehabilitation work for all of th e historic buildings along Garden Street . The applicant shall provide three cost estimates for the rehabilitatio n work . The highest cost estimate plus 10 percent will constitute the required surety amount . The surety shall be posted prior th e issuance of a grading or building permit for the project . Disbursement of funds for damages shall be to the approval of th e Community Development Director, upon detailed documentation . Additionally, the developer shall indemnify the City and hold th e City harmless from any legal proceedings or other actions resultin g from unintentional damage that may occur during demolition , construction, retrofitting, or relocation of buildings from the site . MM CR-7a Prior to issuance of grading or building permits, the Implementation of MM CR-7a through CR - applicant shall retain a qualified professional to refine and 7e would reduce impacts to less tha n implement the archaeological testing and mitigation plan drafted by significant levels . PAR. If resources are discovered during testing, they will be evaluated for significance with criteria set forth in the testing plan. Impacts to significant finds will be mitigated through a data recover y program using appropriate archaeological field and laborator y methods, outlined in the testing and mitigation plan and pursuant t o the City's Archaeological Resource Preservation Guidelines . Since the project would involve significant excavation and redevelopment , the project timeline must accommodate a time prior to projec t construction to allow for identification and evaluation of cultura l resources, and for full recovery of the significant subsurface CR-7 The proposed project could result i n significant impacts to archaeologica l resources representative of prehistoric Native American occupation, histori c Chumash use of the area, Mission-er a developments, and subsequent histori c growth of the City as a result of subsurfac e grading and excavation . Packet Pg. 293 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Miti . ation Measures Residual Impact s resources that would be affected by the project . The results of th e program shall be presented in a report that details all methods an d findings, evaluates the nature and significance of the resources , analyzes and interprets the results, and makes provisions fo r construction monitoring, artifact curation, and publi c display/interpretation of the significant resources . MM CR-7b To ensure the information gained in the archaeologica l and historical studies is widely accessible to the public, the applicant shall fund a site-specific art-in-public-places display within th e development that interprets the history of the site within the broade r context of the historic district . The display shall be generall y available for public viewing and shall be designed and installed by a professional team that includes a public art consultant, an artist wit h experience in projects of this nature, and a historian or architectura l historian who meets the Secretary of Interior's Professiona l Qualifications Standards and has expertise in historical interpretatio n and museum display . To ensure its longevity, the installation shal l be integrated into the architecture and/or landscape of the project t o the maximum extent feasible . The art-in-public-places progra m shall be planned concurrently with the implementation of the project and completed no more than one year after placing the property i n service. MM CR-7c The applicant shall fund at least one of the followin g public outreach efforts to be made available to the public at n o charge : 1.an interpretive pamphlet or small brochure, in color, describing cultural resources discovered ; 2. a professionally produced video or DVD interpreting the histor y of the site ; 3.a professionally produced radio or television production to be broadcast locally at least twice ; o r 4. a website describing the cultural resource studies and interpretin g the results, to be hosted at the City site . The public outreach program shall interpret the history and archaeology of the site within the broader context of the County , City, and historic district and shall be designed and produced by a professional team that includes appropriately qualified technical specialists and an archaeologist, historian, and/or architectural Packet Pg. 294 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impact s historian selected by the City who meets the Secretary of Interior's Professional Qualifications Standards and has expertise in publi c outreach via such media . The public outreach program shall b e planned concurrently with the implementation of the project and completed no more than one year after placing the property in service . MM CR-7d Artifacts recovered from significant resources shall b e housed at a qualified curation facility within San Luis Obisp o County. Prior to issuance of a grading or building permit for th e project, the Community Development Director shall study and select from one of the following alternatives presented below, or a comparable option, for curation of archaeological collections . 1 . Work with existing public or private institutions, such as (but no t limited to) the San Luis Obispo County Archaeological Societ y SLOCAS), California Department of Parks and Recreation, or Ca l Poly, to secure long-term storage . The chosen institution shall request and receive a one-time, lump-sum payment from the projec t proponent to fund said storage . 2 . Each individual development, including the current propose d project, shall create a secure space for long-term storage and display within the development. This space will be subject to City approva l and will be entirely funded by the project proponent . MM CR-7e It is possible that soil removed from the site durin g construction activities could contain Native American midden o r other cultural artifacts . If this soil is placed in another location an d future work uncovers the redeposited, artifact-bearing soil, th e location of the redeposited soil may be confused with an actua l archaeological site . The project proponent shall inform the Nativ e Americans and the project archaeologist as to the disposition of soi l removed from the site . The project archaeologist shall document where the soil is placed as a redeposited site and registered with th e Central Coastal Information Center to avoid future confusion . 3.4 Geological Resource s GEO-1 The proposed project woul d expose people or structures to potentiall y substantial adverse effects from seismicit y or seismically induced hazards includin g earthquakes, seismic shaking, surface MM GEO-1 The project shall be designed in accordance wit h applicable sections of the Uniform Building Code and the Californi a Building Code, and it shall be in compliance with the City's Seismi c Safety Element . Required site-specific geotechnical investigation s have already been performed at the site . The recommendations for Although the occurrence probability of a larger-than-expected earthquake with corresponding high ground acceleration i s low, it is not zero ; consequently, any structure built in California is susceptible to Packet Pg. 295 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Im acts Miti t ation Measures Residual Impacts rupture landslides, or liquefaction . GEO-2 During construction, people an d nearby structures would be exposed to substantial adverse effects due to th e presence of relatively loose and potentia l saturated fill and alluvial soils that coul d cause shoring to become compromised . GEO-3 The proposed project woul d expose people or structures to potentiall y significant adverse effects as a result o f project development on soil that is unstabl e or that could become unstable as a result o f the project, and potentially result i n expansion, differential settlement, o r collapse . GEO-5 The proposed project woul d expose people or structures to potentiall y significant adverse effects as a result o f project development within an area o f potential shallow groundwater, an d potentially result in either obstruction o f groundwater flow or subsidence of soils a t and adjacent to the project site . site preparation, grading, backfill, and foundations developed during the site-specific geotechnical investigation shall be incorporated int o the project design . MM GEO-2 As recommended in the site-specific Soils Engineering Report, a project-specific excavation and shoring plan shall be developed . The shoring plan shall address the potential for advers e geologic conditions . The shoring plan shall be prepared by a professional engineer and reviewed by a California registere d engineering geologist and/or geotechnical engineer . MM GEO-3 Engineering design recommendations addressin g expansive soils and differential settlement in the site-specific Soil s Engineering Report shall be incorporated into the project design . Mitigation measure MM GEO-3 would apply . failure during significant seismic events . However, impacts of structural failure an d risks to life and property due to seismi c shaking can be reduced to less tha n significant by implementing the mos t current industry standards for structura l design . The risk of potentially substantia l adverse effects would be decreased t o acceptable levels with implementation o f MM GEO-l . With incorporation of MM GEO-2, impacts would be reduced to a less-than-significan t level . With incorporation of MM GEO-3, impacts would be reduced to a less-than-significan t level . With incorporation of MM GEO-3, impact s would be reduced to a less-than-significan t level . 3.5 Hazards and Hazardous Material s HAZ-1 Subsurface excavation, grading, and site preparation activities during th e construction phase and potential emergenc y dewatering associated with the project would potentially expose humans and/or ecological receptors to potentially toxic, MM HAZ-la Prior to earthwork activities, a site-specific health an d safety plan shall be developed per California Occupational Safet y and Health Administration (Ca1OSHA) requirements . The plan shall take into account the results of the subsurface investigatio n described in HAZ-lc . All construction workers that have th e potential to come into contact with contaminated soil/bedrock and Implementation of mitigation measures would reduce residual impacts to less tha n significant. Packet Pg. 296 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impacts hazardous, or otherwise harmful chemicals groundwater shall be knowledgeable of the requirements in th e related to existing buildings and historic health and safety plan, which includes proper training and persona l uses on and adjacent to the site .protective equipment . MM HAZ-lb During earthwork activities, procedures shall b e followed to eliminate or minimize construction worker or genera l public exposure to lead and other potential contaminants in soil . Procedures shall include efforts to control fugitive dust, contain an d cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soi l from uncontaminated soil . The applicable regulations associate d with excavation, removal, transportation, and disposal o f contaminated soil shall be followed (e .g., tarping of trucks and waste manifesting). MM HAZ-lc Prior to beginning construction, additional subsurfac e sampling of soil/bedrock and groundwater shall be conducted t o assess potential releases associated with the listed former adjacen t land uses and the potential migration of contaminants onto th e project site . The analytical suite selected shall be consistent wit h those uses, and shall include applicable analytical methods fo r appropriate waste characterization and disposal . The sampling strategy shall take into account the locations of potential sourc e areas, and the anticipated lateral and vertical distribution o f contaminants in soil and/or groundwater. The results of th e investigation shall be documented in a report that is signed by a California Professional Geologist . The report shall includ e recommendations based upon the findings for additiona l investigation/remediation if contaminants are detected abov e applicable screening levels (e .g ., excavate and dispose, groundwate r and/or soil vapor extraction, or in situ bioremediation). MM HAZ- 1 d Discharge from emergency dewatering activitie s shall be sampled and tested to monitor for migration of contaminate d groundwater associated with potential future releases from adjacen t land uses . Discharge shall comply with NPDES requirements an d policies regarding illicit discharges . No discharge from dewaterin g activities shall be released to the storm drain system if contaminant s are detected above applicable screening levels . HAZ-2 During subsurface excavation,MM HAZ-2a In conjunction with MM HAZ-la, include Implementation of mitigation measure s grading, and export of soil and bedrock, the appropriate health and safety measures if NOA is detected in soil or would reduce impacts to less tha n project would potentially cause a hazard by bedrock beneath the project site . The health and safety plan shall significant. Packet Pg. 297 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Im acts Miti .ation Measures Residual Im 'act s exposing humans to NOA .prescribe appropriate respiratory protection for construction workers . HAZ-3 During building/structure demolition and renovation activities, the project would potentially expose humans t o hazardous building materials including lead - based paint and asbestos-containin g material . HAZ-4 Following construction/renovatio n activities, the project would potentiall y expose humans and/or ecological receptor s to potentially toxic, hazardous, or otherwis e harmful chemicals through the routine transport, use, or disposal of hazardous materials . MM HAZ-2b In conjunction with MM HAZ-lb, includ e appropriate earthwork procedures if NOA is detected in soil o r bedrock beneath the project site . These procedures may be subjec t to San Luis Obispo APCD requirements under the California AR B ATCM for Construction, Grading, Quarrying, and Surface Minin g Operations . MM HAZ-2c In conjunction with MM HAZ-Ic, include a soil an d bedrock analysis for asbestos using polarized light microscopy an d transmission electron microscopy by a qualified laboratory . Samples of soil shall be collected from multiple locations across the site, an d bedrock samples shall be collected from locations where excavatio n into bedrock is anticipated . If NOA is detected, appropriate regulations pertaining to excavation, removal, transportation, an d disposal of NOA shall be followed. MM HAZ-3 Prior to building/structure demolition and renovation activities, a hazardous building materials survey shall be conducte d to assess the potential for the existence of such materials on th e project site . The materials to be surveyed shall include asbestos - containing building materials and lead-based paint in areas bot h interior and exterior to buildings/structures . If hazardous buildin g materials are detected, appropriate regulations shall be followed i n association with pre-demolition and renovation activities, abatement , and disposal . Appropriate worker health and safety protocols also shall be implemented (e .g., training and respiratory protection). MM HAZ-4a Businesses shall comply with all federal, state, an d local regulations pertaining to hazardous materials, includin g obtaining appropriate permits, worker training, and agenc y inspections . MM HAZ-4b Good housekeeping practices and BMPs shall b e employed as part of an overall site maintenance program . MM HAZ-4c Parking structure and other paved roadway areas shall be maintained regularly, including repairs when needed . Additionally, site maintenance and security precautions shall b e included to minimize accidental and illicit chemical discharges on the site . Implementation of mitigation measure s would reduce impacts to less tha n significant . Implementation of mitigation measure s would reduce impacts to less tha n significant. 3 .6 Hydrology and Water Qualit y HYD-1 The proposed project would result MM HYD-1a The proposed project shall incorporate standard Flooding impacts to people and structures Packet Pg. 298 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts in potentially significant flooding impacts resulting from the exposure of shallo w groundwater during and after constructio n activities. HYD-2 The proposed project would result in short-term, potentially significant impact s to surface water quality, including indirec t impacts to beneficial uses such a s threatened and endangered species habitat, due to polluted runoff during constructio n activities. Mitigation Measures ResidualImpacts engineering designs, as recommended by Earth Systems Pacific in resulting from the exposure of shallo w the site-specific Soils Engineering Report (2008), which will be groundwater during and after constructio n submitted to the City as part of the building permit application activities would be less than significant wit h process . Such measures to mitigate potential impacts resulting from the incorporation of standard engineerin g exposure to shallow groundwater shall include, but are not limited designs . to : Drains shall be installed as necessary (e .g., a subslab blanke t drain), in addition to other water-proofing measures associate d with retaining walls, to intercept and discharge groundwater . Any isolated areas (e .g ., areas completely enclosed by grad e beams, shall be provided with drain pipes that pass through the grade beams . Drains shall be provided behind all retaining walls and shoring , except those that are designed to accommodate lateral hydrauli c pressure . Dewatering shall be conducted as necessary during constructio n to manage localized seepage into excavated areas . MM HYD-1 b Prior to any dewatering activities, a discharge permi t shall be obtained from the RWQCB, which shall include results fro m groundwater testing conducted as part of MM HAZ- 1 c and may require water quality testing of San Luis Obispo Creek to ensure that discharge does not adversely affect water quality . MM HYD-lc Consistent with Section 13 .08 .130(A) of the Municipal Code, storm water, surface water, ground water, roo f runoff, subsurface drainage, and uncontaminated cooling waters from the proposed project shall be discharged only to the storm drai n system or natural outlet . Exterior drains that are connected to the sanitary sewer shall be covered and bermed in such a way as t o prevent rain water and storm runoff from entering the sanitary sewe r system . MM HYD-2a Prior to issuance of any construction/grading permit Upon implementation of mitigatio n and/or the commencement of any clearing, grading, or excavation, a measures, impacts to surface water qualit y Notice of Intent (NOI) shall be submitted to the California SWRCB due to polluted runoff during constructio n Stormwater Permit Unit . Compliance with the General Permit would be less than significant . includes the preparation of a Storm Water Pollution Prevention Plan SWPPP), which shall identify potential pollutant sources that may affect the quality of discharges to stormwater, and shall include the design and placement of BMPs to effectively prohibit the entry o f pollutants from the project site into the storm drain system during Packet Pg. 299 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures ResidualImpacts construction. MM HYD-2b All required actions shall be implemented pursuant to a stormwater management plan submitted by the City of San Luis Obispo to the RWQCB in early 2007 under the NPDES Phase I I program . MM HYD-2c All required actions shall be implemented pursuant t o the programs developed under the City of San Luis Obisp o Stormwater Management Plan and the City of San Luis Obisp o Waterway Management Plan . MM HYD-2d The Surface Water Quality Management Practice s summarized below shall be implemented to reduce potential impacts to surface water quality during construction-related activities . Soil stockpiles and exposed (graded) slopes shall be covere d after 14 days of inactivity, prior to the onset of precipitation, an d during inclement weather conditions . Fiber rolls shall be placed along the top of exposed slopes and at the toe of graded areas to reduce surface soil movement, a s necessary . A routine monitoring plan shall be implemented to ensur e success of all on-site erosion and sediment control measures . A light spray of water shall be applied to graded areas durin g construction to control fugitive dust, as necessary . Streets around the project site, particularly near driveways, shal l be cleaned daily, or as necessary, following completion of construction activities . Trucks hauling fill on or off-site shall be covered with a tarp to reduce sediment and dust on roadways . A metal grading or rock bed, designed to capture debris, soils , and mud from vehicles exiting the project site, shall be installe d and regularly maintained at all vehicular entrances/exits for th e proposed project . Good housekeeping" practices shall be strictly followed to prevent spills and discharges of pollutants on-site and wil l include : All materials stored on-site, including hazardous materials , shall be stored in a neat, orderly manner in appropriat e containers and, if possible, under a roof or other enclosur e located off the main site gradients . Products shall be kept in their original containers with the Packet Pg. 300 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures ResidualImpacts original manufacturer's label unless they are not re-sealable . If surplus product must be disposed of, manufacturer's o r local and State-recommended methods for proper disposa l shall be followed . All heavy equipment and vehicles shall be maintained an d inspected regularly for leaks . Vehicles and equipment prone to leakage shall be parke d over absorbent materials or drip pans . Protective measures, such as gravel bags or fiber rolls, shal l be placed around the stormwater system inlets locate d adjacent to the site in an effort to retain all sediment on-site . HYD-3 The proposed project would result MM HYD-3a The project shall be designed so that no polluted Upon implementation of mitigation in potentially significant impacts to surface water may be discharged to a drainage system that flows to any measures, impacts to surface water qualit y water quality due to polluted urban runoff storm drain, creek, or natural outlet as stated in Section 13 .08 .130B due to polluted runoff would be less tha n or water discharged during dewatering of the Municipal Code . Depending on the level of hazard at the site, significant . activities .pretreatment of surface water runoff may be required as part of th e overall project . In addition, Section 13 .08 .160 of the Municipa l Code requires grease, oil, and sand interceptors to be installed t o handle liquid wastes containing grease, flammable wastes, sand o r other harmful constituents, except at private residential units . If the wastewater from any business could potentially contain any of thes e constituents, it shall be coordinated with the City's Industrial Wast e Program . MM HYD-3b Urban Pollutant Control Management Practices shal l be implemented to reduce potential impacts to surface water qualit y due to runoff, specifically the implementation of maintenance and housekeeping practices, such as routine sweeping and cleaning , weekly or as needed, as well as the installation of an oil/san d separator at the site parking structure . The oil/sand separator would require the preparation and update of an Operation & Maintenanc e manual, monthly inspection during the rainy season to ensure prope r operation, immediate separator inspection after a large storm even t 1 inch per 24 hours), regular separator cleaning to kee p accumulated material from escaping during storms, and th e replacement of separator absorbent pads, as necessary . HYD-4 The proposed project would result MM HYD-4a The proposed project shall comply with Chapter Impacts to structures within the 100-yea r in potentially significant impacts on 17 .84 of the City of San Luis Obispo's Municipal Code, based on floodplain would be less than significan t structures placed within the 100-year flood FEMA NFIP requirements for areas located within or near the 100-upon implementation ofmitigationhazardarea.year floodplain and be developed in accordance with the City of San measures . Packet Pg. 301 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Im ' acts Miti .ation Measures Residual Impacts Luis Obispo Safety Element Amendment (Resolution No . 9785) an d in accordance with In-Fill Floodplain Regulations detailed i n Volume III of the Waterways Management Plan . MM HYD-4b To minimize impacts associated with constructio n within flood-prone areas, the Flood-Proofing BMPs listed belo w shall be incorporated to prevent floodwaters from entering th e buildings or reaching utilities systems : Incorporate floodgates into the building facade for use durin g flood events . Install self-closing doors that seal at building openings . Install impermeable material to a height of 3 feet around th e exterior of the structure to avoid saturation. Locate utility boxes 3 feet above grade, or as acceptable to th e City and applicable utility companies, install backwater valves , or otherwise flood-proof utilities . HYD-5 The proposed project would HYD-5 Per the direction of City staff, the project applicant shal l contribute additional discharges to an either : Implementation of mitigation measure s would reduce impacts to the stormwate r discharge system to less than significant .undersized stormwater drainage system .Ensure the basement levels of the project are completel y waterproof so that long-term dewatering would not be required ; o r Pay the project's fair-share costs to improve the stormwate r drainage system within the vicinity of the proposed project t o accommodate flows from the 10-year storm event, pursuant t o approval of the Public Works Director . 3.8 Noise NO-2 The proposed project could MM NO-2 Based on the recommendations in the site-specific Soils Implementation of mitigation measure s potentially generate excessive ground-borne Engineering Report, the following mitigation measures shall be would reduce impacts to less than vibration levels as a result of temporary implemented to prevent impacts from excessive vibration :significant . short-term construction activities .No vibratory earthwork equipment shall be used within 10 fee t of any existing buildings . Beyond this 10-foot zone, vibratory equipment shall only be used with caution, and nearby existin g buildings and any contents, as well as surroundin g improvements, shall be monitored to ensure that damage doe s not occur . If cracking, undue vibration, or other evidence o f damage to the structures, contents, or improvements is observed , use of the vibratory equipment shall be immediatel y discontinued . Implementation of mitigation measuresNO-3 Long-term noise impacts associated MM NO-3a Measures to achieve an indoor noise level of no t with the project could result in the more than 45 dB shall be incorporated into design and construction would reduce impacts to less than Packet Pg. 302 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impacts exceedance of thresholds in the City of Sa n Luis Obispo, General Plan Noise Elemen t and Noise Guidebook . of proposed residential and hotel units at the project site and shal l include, but not be limited to the following : specially designed doors and windows ; attic insulation ; baffled attic and exhaust vents ; an d cooling and heating systems and ducts specifically designed to reduce noise infiltration . significant . MM NO-3b All noise-generating rooftop building equipment, suc h as air conditioners and kitchen ventilation systems, shall be installe d away from existing and proposed noise-sensitive receptors (i .e ., residences) or be placed behind adequate noise barriers . MM NO-3c All applicable common outdoor residential activit y areas directly facing Broad and Marsh streets shall provid e construction and/or other methodologies to reduce outdoor activit y area noise levels to below 60 CNEL . This requirement is optional fo r all applicable private outdoor residential activity areas (e .g ., residential balconies, courtyards, etc .). 3 .9 Energy EN-1 The project could potentiall y consume energy resources beyond existin g service provider capacity levels . EN-2 Construction and operation of th e proposed project could potentially use non - renewable resources in a wasteful o r inefficient manner . MM EN-1 If additional electrical energy services are required t o accommodate the proposed Garden Street Terraces Project th e applicant would be required to pay a mitigation fee to PG&E . MM EN-2a The applicant shall comply to the maximum extent feasible with all adopted City policies regarding energ y consumption, such as : Incorporation of cost-effective, renewable, non-depleting energ y resources into the project design, wherever possible . Site and building design to avoid unwanted heat gain from sola r exposure . Features that provide shading at suitable times of th e day and year generally shall be "passive" or automatic, avoidin g the need for occupants to regularly monitor or adjust them . Design roof areas and some south walls on upper floors to be unshaded between 10 A .M . and 3 P .M. on the winter solstice t o allow for maximum usage of solar energy (4.5 .1). Include solar panels in building design to heat spa an d swimming pool areas (4 .6 .17). MM EN-2b Construction vehicles shall be turned off when not in With the implementation of standar d regulatory procedures and consultant - recommended mitigation measures, al l impacts would be reduced to less tha n significant levels . With the implementation of standar d regulatory procedures and consultant - recommended mitigation measures, al l impacts would be reduced to less tha n significant levels . Packet Pg. 303 Item 16 Table ES-2 . Class II Impacts -Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impacts use to avoid leaving in idling position . Construction vehicles shal l be left on site for the duration of construction to avoid wasteful o r inefficient use of gasoline . MM EN-2c Prior to project design approval, the project applican t shall provide the City with additional information necessary t o obtain at least a LEED Silver Certification from the U .S . Green Building Council . 3 .10 Transportation and Traffic TT-3 Construction of the proposed project MM TT-3 The Traffic Control Plan (Disruption Minimization Pla n could result in potentially significant short-for the Garden Street Terraces Mixed-Use Development,submitted term impacts to roadways, sidewalks,November 2008,refer to Section 2 .7 .6) shall be included in a deliveries, garbage collection, downtown comprehensive Construction Management Plan, which would at a transit routes, garbage disposal and public minimum include the following additional items and requirements : The proposed project would increas e pedestrian, bicycle, and vehicle traffic alon g the roadways adjacent to the propose d project site and in the general Downtow n Core . However, with the implementation o f standard regulatory and additiona l consultant-recommended mitigatio n measures, impacts to transportation an d traffic would be reduced to less tha n significant levels . Further, project parking impacts could be reduced to insignifican t through the payment of in-lieu fees . Therefore, residual parking impacts woul d be reduced to less than significant . The proposed project would increas e pedestrian traffic along the roadways adjacent to the proposed project site and i n the general Downtown Core . However, with the implementation of mitigatio n measures, impacts would be reduced to les s than significant levels . parking in the project vicinity due to construction activities such as lane closures , potential obstruction from large trucks , construction vehicles and constructio n fencing, etc . outreach to area property owners and merchants to allo w discussion of and suggestions to improve the initial constructio n management plan ; location of construction staging areas which shall be located o n the project site, for materials, equipment, and vehicles ; temporary construction fences to contain debris and materia l and to secure the site ; measures by which noise would be reduced; limitations on noise and dust emissions ; a process for tracking and responding to complaints pertainin g to construction activity ; measures to minimize disruption of transit service ; provisions for monitoring surface streets used for truck routes s o that any damage and debris attributable to the trucks can b e identified and corrected ; an d temporary wayfaring signs to nearby public parking lots . TT-4 The proposed project would result in MM TT-4 The project applicant shall pay a fair share payment t o potentially significant impacts to increased the City of San Luis Obispo to offset the project's impacts to th e pedestrian congestion to sidewalks along pedestrian facilities within the study area . The project's fair shar e Higuera Street .shall be determined by the Director of the Public Works Departmen t based upon the costs to add 492 new square feet of sidewalk space t o the south side of Higuera Street and 289 new square feet to the north side to maintain existing sidewalks pedestrian capacity . The fees nti Packet Pg. 304 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Mitigation Measures Residual Impact s would go towards providing these additional sidewalk spaces alon g the south and north side of Higuera Street through projects such a s installation of tree well grates, parking modifications, or other sidewalk capacity improvements . MM TT-7 The applicant should fund installation of pedestria n countdown signal heads at the intersections of Broad Street wit h Marsh and Higuera streets and Chorro and Marsh Street t o accommodate existing and future pedestrian activity and intersectio n traffic at these currently uncontrolled pedestrian crossings . MM TT-8 Consistent with the City of San Luis Obispo's Short Range Transit Plan, bus and trolley stop locations and amenitie s shall be developed in consultation with the City of San Luis Obisp o to mitigate potential project impacts related to new transit trip s associated with the project. Further evaluation of any bus sto p locations shall include an analysis of pedestrian circulation to and from the stop and the potential for vehicle-pedestrian conflicts . The project applicant shall be responsible for the development an d installation of any identified improvements. MM TT-11a The applicant shall pay a required parking in-lieu fee to the City of San Luis Obispo for the calculated net unmet deman d of parking spaces (54) (51 spaces of potentially unmet demand ;3 spaces of lost onstreet parking) as outlined in Table 3 .10-19 to contribute to the development of an offsite parking structure . An y reduction of parking demand shall not affect the in-lieu fee require d under this standard regulatory measure . MM TT-1 lb The applicant shall prepare a parking deman d reduction and management plan which details how the proposed parking structure would be managed and which contains measures t o minimize the project's off-site parking impacts . The plan shal l address both public and private spaces in the structure as follows : Payment of the project's fair-share for the costs of installation o f wayfinding signs for area parking facilities at locations in th e project vicinity . These locations and the amount of th e applicant's contribution for installation of signs shall be refine d during final review of the project and finalized with the Public Impact s TT-11 The proposed project would creat e potentially significant impacts to parkin g through loss of on-street public spaces, potentially unmet private parking demand , and management issues at the publi c parking area on the first basement level o f the proposed parking structure due to lack of visibility from the public street and potential overflow parking demand from th e proposed project occupying designate d public spaces . TT-8 The proposed project coul d potentially impact transit facilities in th e Downtown Core as the result of increase d activity generated by the proposed project . TT-7 The proposed project would result i n potentially adverse, but not significant impacts due to increased pedestrian an d vehicle activity at crosswalks at th e intersections of Garden Street with Mars h and Higuera streets and at the intersection s of Broad Street with Marsh and Higuer a streets. The proposed project would increas e pedestrian and vehicle traffic at intersections. However, with th e implementation of mitigation measures, impacts would be reduced to less tha n significant levels . The proposed project would increase transi t use in the Downtown . However, with th e implementation of mitigation measures , impacts would be reduced to less tha n significant levels . Project parking impacts could be reduced t o less than significant through the liste d mitigation . Therefore, residual parkin g impacts would be reduced to less tha n significant. Packet Pg. 305 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impacts Works Department prior to issuance of building permits . Installation of "structure remaining capacity" signs at th e entrance to the proposed public parking lot . Provision of alternative transportation information fo r employees and customers . A discussion draft of this plan shall be provided for review by Cit y staff in concert with the first building permit application and shall b e subject to Community Development Director approval, including the use of tandem parking. Occupancy shall not be granted until th e plan has been approved by the City . TT-13 The proposed project would resul t in potentially significant but mitigabl e impacts to service vehicle access . MM TT-13 The Garden Street plan shall be modified to allow a standard delivery truck to turn into and out of Garden Alley . The site plan shall also be designed to allow trucks to egress through th e bollards on Garden Alley. Implementation of mitigation measure s would reduce impacts to less tha n significant levels . 3 .11 Utilities and Service System s UT-1 The proposed project could result i n potentially significant impacts on the City's potable water supply and water suppl y infrastructure . UT-2 Wastewater from the project sit e may potentially exceed the capacity o f sewer lines on Garden Street and/or th e remaining capacity of the City's Wate r Reclamation Facility . UT-3 The proposed project may MM UT-la The project shall obtain a water allocation and pa y water impact fees to the City of San Luis Obispo for the incremental increase in water demand at the site . MM UT-lb If it is determined that off-site improvements to th e City's existing water distribution system are necessary t o accommodate the proposed project, the applicant shall b e responsible for funding and constructing the improvements . MM UT-2a The project shall comply with all standard regulator y reviews by and obtain approvals from the City of San Luis Obisp o Utilities Department for wastewater facilities, including payment o f impact fees . MM UT-2b If it is determined that additional off-sit e improvements to the City's existing wastewater collection syste m are necessary to accommodate the proposed Garden Street Terraces project, the applicant shall be responsible for : Funding entirely and/or constructing the improvements that ar e directly related to or resulting from the proposed project ; and, Contributing a fair-share portion of the total cost for improvements that are related to or resulting from cumulativ e projects . MM UT-3a Pursuant to the City of San Luis Obispo's Ordinance Implementation of the standard regulator y conditions, in addition to City- an d consultant-recommended mitigation measures would reduce any residual impacts to utilities and public services to less tha n significant. Implementation of standard regulator y conditions, in addition to City- an d consultant-recommended mitigation measures, would reduce any residual impacts to utilities and public services t o less than significant . Implementation of standard regulatory t.21 00 Packet Pg. 306 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts potentially impede trash and recyclin g collection for adjacent properties on Garde n Alley and produce solid waste abov e existing capacity levels of the primar y disposal facility for the City of San Lui s Obispo . UT-4 The project would potentiall y increase demand on the SLOPD a s additional new commercial, residential, and parking areas would need to be patrolled b y police officers . UT-5 The project would potentiall y increase the demand for SLOFD service s due to additional commercial and residentia l uses in the downtown area and exceeded height capabilities of existing SLOFD vehicles and equipment. Mitigation Measure s 1381, Chapter 8 .05, a Recycling Plan for the proposed project to b e implemented during construction will be submitted for approval b y the City's Conservation Manager, prior to the demolition or buildin g permit issuance . The plan shall include plans to recycle at a minimum 50 percent of discarded materials, such as concrete , sheetrock, wood, and metals, from the demolition of existin g buildings and proposed construction . MM UT-3b Pursuant to the City of San Luis Obispo's Sourc e Reduction and Recycling Element, the project shall provide a pla n for the disposal, storage, and collection of solid waste material for both the residential and commercial components of the project . The development of the plan shall be coordinated with the City's franchised solid waste collection and disposal firm, San Luis Obisp o Garbage Company . The plan must be submitted for approval by th e City's Utilities Conservation Coordinator and the Communit y Development Director . MM UT-3c Newly established businesses and residentia l operations shall include convenient facilities for interior and exterio r on-site recycling . MM UT-3d Recycled-content materials shall be used in structura l and decorative building components and in surfacing whereve r feasible . MM UT-4a The applicant shall incorporate a gate closure for th e proposed private Second Basement Level subterranean parkin g garage to prevent unauthorized access and vandalism of vehicles . MM UT-4b The applicant shall incorporate a full-time securit y staff to patrol the proposed development complex . MM UT-5a The applicant shall incorporate all design feature s required by the Fire Marshal into the project site design to ensur e adequate access to the SLOFD in case of emergency, including : adequate fire department access ; proper placement of street numbers ; water supply capable of providing adequate fire flow ; knox box; installation of fire protection systems and equipment ; implementation of fire safety measures during construction ; and portable fire extinguishers . Residual Impact s conditions, in addition to City- an d consultant-recommended mitigatio n measures, would reduce any residual impacts to utilities and public services t o less than significant . Implementation of standard regulator y conditions, in addition to City- an d consultant-recommended mitigation measures, would reduce any residual impacts to utilities and public services t o less than significant . Implementation of standard regulator y conditions, in addition to City- an d consultant-recommended mitigation measures, would reduce any residual impacts to utilities and public services to less than significant . However, mitigation measure MM UT-5c would result in secondary impacts to parking, including los s of existing metered vehicle parking space s on Garden Street between Marsh and Packet Pg. 307 Item 16 Table ES-2 . Class II Impacts - Significant Impacts That Can Be Mitigated To Less Than Significant Levels (continued ) Impacts Mitigation Measures Residual Impact s MM UT-5b The project shall pay the City $1 .89 per square foot o f building space above 50 feet to cover the project's "fair share" o f purchase of a new fire Department ladder truck . This fee would b e payable at the time of building permit issuance as per San Lui s Obispo City Council Resolution, adopted October 6, 2009 . MM UT-5c The applicant shall ensure the maintenance of a 20-foot wide curb-to-curb clear area on Garden Street, between Marsh Stree t and Higuera Street, of all physical obstructions to ensure adequat e SLOFD access to the proposed development . The Garden Stree t frontage curb intended to be used for passenger loading an d unloading shall be conspicuously posted — "This area is fo r passenger loading and unloading and emergency vehicle access only , unattended vehicles will be cited ." UT-6 The proposed project would MM UT-6 The applicant shall pay fees to the local school district t o potentially increase demand for school and mitigate for any potential effects additional children living in th e park services in the downtown area .proposed residential units would have on local school facilities . Higuera streets . Implementation of standard regulator y conditions, in addition to City- an d consultant-recommended mitigatio n measures, would reduce any residual impacts to utilities and public services t o less than significant . Packet Pg. 308 Item 16 3 Class III Impacts –Impacts That Are Adverse But Less Than Significan t Impact Mitigation Measures Residual Impact 3 .2 Air Quality AQ-4 The proposed project is potentiall y inconsistent with the County of San Lui s Obispo APCD's 2001 Clean Air Plan . No mitigation measures would be required .Since the proposed project impacts ar e analyzed on population projections whic h are less than the most recent CAP, include s measures to mitigate the rate of increase i n vehicle trips, and would apply all applicabl e land use and transportation contro l measures and strategies, impacts regardin g consistency with the CAP are considere d less than significant . 3 .4 Geological Resource s GEO-4 The proposed project woul d potentially result in soil erosion or the los s of top soil during construction an d excavation activities. No mitigation measures would be required .Impacts would be less than significant . 3 .10 Transportation and Traffi c TT-1 The proposed project would result i n adverse but less than significant impacts t o the intersections in the City's downtow n area and would not result in significan t impacts to intersection LOS . TT-2 The proposed project would result i n adverse but less than significant impacts to intersection queuing in the City's downtow n area. No mitigation measures would be required . No mitigation measures would be required . Impacts would be less than significant . Impacts would be less than significant . TT-9 The proposed project would no t generate demand for bicycle facilities whic h exceeds the available supply . No mitigation measures would be required .Impacts would be less than significant . Packet Pg. 309 Item 16 RESOLUTION NO. 10504 (2014 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING THE FINAL DESIGN OF THE MODIFIED GARDEN STREET TERRACES MIXED-USE DEVELOPMENT PROJECT IN THE C-D & C-D-H ZONES (ARC 124-06; 1119, 1123-1127, 1129-1137 GARDEN STREET AND 712,720,722,728,736,748 MARSH STREET) WHEREAS, the applicant, Garden Street SLO Partners, LP, on August 8, 2013, submitted a request for architectural approval of a modification to the project design for a mixed- use development project in the downtown core known as Garden Street Terraces which was previously approved by the City Council on November 1, 2011 through City Council Resolution No. 10312 (2011 Series); 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 18, 2013 for the purpose of evaluating the proposed revisions to the previously approved final design of the project and recommended final approval of the project design to the City Council; 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 4, 2014, pursuant to an application filed by Garden Street SLO Partners, LP, applicant for the purpose of considering ARC 124-06, final design review for the Garden Street Terraces Project; and WHEREAS, the City Council has considered the Final Environmental Impact Report (EIR) that was previously certified by the Council on June 1, 2010, along with the Update to the Addendum prepared to update the EIR to be consistent with revised project plans; and WHEREAS, Section 15162 et seq. of the California Environmental Quality Act provides that a lead agency, such as the City of San Luis Obispo may determine that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record that one or more of the circumstances listed in that section have occurred as detailed in Finding No. 1 in Section 1; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law. R 10504 Packet Pg. 310 Item 16 Resolution No. 10504 (2014 Series) Page 2 SECTION 1. Environmental Determination. The City Council finds and determines that the project's Final EIR as updated by the Update to the Addendum dated February, 2014 adequately addresses the potential significant environmental impacts of the proposed project in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent judgment of the Council. The Council has reviewed and considered the information contained in this Update to the Addendum in its consideration of the final project design and finds that the preparation of a subsequent EIR is not necessary, based on the following findings: Findings 1. None of the circumstances included in Section 15162, which require a subsequent EIR have occurred, specifically: a. The project changes do not result in new environmental impacts. b. The circumstances under which the project is undertaken will not require major changes to the EIR. c. The modified project does not require any substantive changes to previously approved mitigation measures. d. The amended and restated Memorandum of Agreement memorializes the changes in the project that the City of San Luis Obispo has determined are consistent with and was analyzed and any impacts to the extent feasible were mitigated in the certified EIR for the project, up to and including the addendum dated February 2014. 2. The proposed modifications to the project description are consistent with prior Council direction to update plans to be consistent with the Reduced Development and Project without Public Parking Spaces alternatives included in the certified Final EIR approved by the City Council on June 1, 2011. 3. All of the updated mitigation measures adopted by the Council with the Addendum dated November 2011 remain applicable and are reasonably necessary to reduce potentially significant impacts to less than significant levels and become project conditions. 4 . The changes are consistent with City goals to promote the intensification of infill sites, respect the context of the site's setting in the Downtown Commercial Zone and Downtown Historical District, provide a project scale compatible with its surroundings, accommodate pedestrian flow through the site and onto adjacent streets, and bring economic vitality to the downtown core. 5. The proposed scale and design of buildings will be compatible with surrounding uses as found by the City's Architectural Review Commission with their review of project plans and are consistent with the City's General Plan, Zoning Regulations, and Community Design Guidelines. Packet Pg. 311 Item 16 Resolution No. 10504 (2014 Series) Page 3 SECTION 2. Action. The final design of the Garden Street Terraces Project (ARC 129- 13) is hereby approved, based on the following findings, and subject to the mitigation measures listed in the attached Exhibit A and the following conditions: Findings l. As designed and conditioned, the building materials, style, character, and form of the new structures within the project will promote the architectural character, style, form, and materials of the Downtown Commercial Zone and Downtown Historical District and complement the architectural character of the surrounding buildings and area consistent with the City's Historic Preservation Program Guidelines. 2. The project is consistent with standards contained in the City's Community Design Guidelines for the downtown, which encourage projects to be pedestrian-oriented, and to have proportions and design details that complement surrounding structures 3. The project's design is consistent with the design principles contained in Section 4.16 of the Land Use Element including providing pedestrian-oriented spaces on the ground floor of buildings, continuous storefronts, and upper floor dwellings and offices. 4. The project is consistent with the mitigation measures adopted by the City Council on June 1, 2010 with the certification ofthe Final Garden Street Terraces Project EIR, and with the Update to the Addendum approved by the City Council on November 1, 2011 with the review of the final project design. Conditions 1. Final project design and construction drawings shall be in substantial compliance with the project plans approved by the City Council. A separate full-size sheet shall be included in working drawings submitted for a building permit that list all conditions, and code requirements of project approval as Sheet No. 2. Reference should be made in the margin of listed items as to where in plans requirements are addressed. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Director or Architectural Review Commission, as deemed appropriate. 2. The final design approval shall be valid for five years from the date of City Council approval. 3. The project is subject to all ofthe conditions approved through City Council Resolution No. 10183 (20 10 Series) for a modified use permit and tentative tract map, and the conditions approved through City Council Resolution No. 10312 (20 11 Series). If a previous condition is modified with this latest approval, the latter condition shall prevail and supersede the former wording of the condition. Any phasing of the overall project, shall receive Community Development and Public Works Department review and approval. Packet Pg. 312 Item 16 Resolution No. 10504 (2014 Series) Page4 4 . All applicable mitigation measures contained in the Final EIR shall be included as conditions of approval and are included in the attached Exhibit A. Building Design 5 . The colors and materials for the building shall be consistent with the color boards approved with the modified project design. Any modifications to the approved palettes shall be reviewed and approved by the Community Development Director prior to issuance of a building permit. Building colors shall be shown on the building elevations approved as part of working drawings. 6 . To augment Condition No. 14 of City Council Resolution No. 10312 (2011 Series), plans shall clearly note that all stucco and plastered surfaces are not a sprayed-on product and have a smooth hand-finished appearance to the satisfaction of the Community Development Director. A sample of the finish shall be submitted prior to issuance of a building permit. 7 . To augment Condition No. 18 of City Council Resolution No. 10312 (2011 Series), the sign program shall include language that Internally illuminated cabinet signs, including individual channel letters, are prohibited as a form of signage. 8. The specific design details of the planting and irrigation to create the vegetated wall shall be included on working drawings submitted for a building permit such that portions of the base wall visible from public views will be covered at all times. Planning 9. Consistent with Mitigation Measure TT-11a, the applicant shall pay parking in-lieu fees for 13 spaces (private unmet parking demand) prior to the issuance of a building permit for the project. Individual tenant improvements will be evaluated to determine whether the parking requirement is increased and additional parking-in-lieu fees are required, such as with restaurant uses. 10. Hotel valet parking shall not be allowed on public streets. Should the parking demand for the hotel use exceed the project's on-site capacity, the demand may be accommodated through an off-site agreement with the City or other private party. 11. The 8 residential units in the project shall be exclusively used for residential purposes and not converted to transient lodging. Utilities 12. Submittal of a video inspection will be required for review and approval of the Utilities Department during the Building Permit Review process for all existing laterals that are proposed to be reused (referenced with Utility reference Note #3). If a new lateral is proposed, the existing lateral must be abandoned per City standards. Packet Pg. 313 Item 16 Resolution No. 10504 (2014 Series) Page 5 13. Plans shall show the 8" PVC water main in Garden Street that was recently installed, confirmed with the record drawings for the 8" water main. 14. Each residential unit shall have a separate water meter installed in the sidewalk per City Standard 6210. To reduce the number of connections and service lines from the main to the meters, utilize City Standard 6260 wherever possible. If any of the commercial spaces will be sold as individual properties or condominium units in the future, individual meters to each privately owned commercial space will be required . This may be applicable to the commercial spaces along Garden Street. 15. Existing meters and service lines may not be appropriately sized to serve the proposed uses. Water service line size and meter size should be indicated on the plans. 16. Water services in Garden Alley driveway shall be relocated out of traffic area to adjacent sidewalk area per City Standard 6020. The existing water services shall be abandoned per City Standard 6050. 17. Fire service line size and connection detail to City water main shall be indicated on plan. 18. Correct the labeling on sheet C.6 to reflect the correct trash and recycling area. 19. Food preparation facilities shall provide an area inside to wash floor mats, equipment, and trash cans if not performed by an off-site service. The wash area shall be drained to the sanitary sewer. Fire 20. A mm1mum 16 feet unobstructed roadway width was agreed upon for Garden Street, inclusive of a 4 foot wide area adjacent to the project that has rolled curbs that fire apparatus can drive on and is clearly demarcated from the sidewalk. 21. This design has sleeping rooms with the rescue/escape windows facing Garden Alley. The window heights exceed the capability of fire department ground ladders and Garden alley is too narrow for ladder truck access. The latest edition of the Building and Fire Codes allows exceptions to this provision if the building is sprinklered and is built of Type I, IIA , or IliA construction. The proposed construction type shall be Type IliA, IIA or I for this portion of the project to mitigate access to rescue windows. 22. All new buildings shall have their fire sprinkler risers in a room on an exterior wall with an exterior access door. Please show these rooms on plans. 23. Recess fire department connections that are exposed to pedestrian traffic. Standpipes for manual firefighting operations are required on each level of the building. Packet Pg. 314 Item 16 Resolution No. 10504 (2014 Series) Page 6 Building 24. If project is submitted on or after January 1, 2014, the 2013 California Codes will be the adopted and applicable Codes. 25. Plans show that project is to have two accessible parking spaces. Plans show the two spaces in tandem, please note that accessible parking spaces are not allowed to be in tandem. Section 1129B CBC Public Works and Transportation 26. Amend Condition No. 25 of City Council Resolution No. 10312 (2011 Series) as follows. Plans submitted for a building permit shall address the following items related to the public improvements for Garden Street, Marsh Street, Broad Street, and Garden Alley: a. Complete details for the in-ground pavement lights across Higuera at Garden Street. b. Final loading zone areas, design, and displacements. c. Detail any public art proposals within the public right-of-way. d. Detailed parking meter layout for the angled parking spaces. e. Inclusion of at least one accessible parking space. f. Restoration and/or improvement of the existing bicycle racks on Garden Street and the public racks located with Parking Lot #2. The racks shall be located in the general area of the existing racks and areas of future need. In-street bike racks may be considered along Broad Street. g. Final parkway or streetscape design including pedestrian streetlights, tree grate upgrades, Mission Style sidewalk tile band details, and accessible crossings. h. The proposed roll-curb and fire lane markings (red curb) shall be maintained by the developer or property owner association by agreement with the City. Street sweeping along the roll-curb and "saw-tooth" curb line where not cleared with standard City street sweeping will be the responsibility of the developer or property owner association. 1. The existing 8' sidewalk along the West side of Garden Street shall be improved to 12' in width from Marsh Street to Higuera Street. J. Public Improvement plans and record drawings will be required for the work within the public right-of-way. Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Member Ashbaugh, Vice Mayor Christianson and Mayor Marx NOES: Council Member Smith ABSTAINED: Council Member Carpenter ABSENT: None Packet Pg. 315 Item 16 Resolution No. 10504 (2014 Series) Page 7 The foregoing resolution was adopted this 4th day of March 2014. ATTEST: C hri st ine Di etric City Attorney Packet Pg. 316 Item 16 Packet Pg. 317 Item 16 Packet Pg. 318 Item 16 Packet Pg. 319 Item 16 Packet Pg. 320 Item 16 Packet Pg. 321 Item 16 Packet Pg. 322 Item 16 Packet Pg. 323 Item 16 Packet Pg. 324 Item 16 Packet Pg. 325 Item 16 Packet Pg. 326 Item 16 Packet Pg. 327 Item 16 Packet Pg. 328 Item 16 Packet Pg. 329 Item 16 Packet Pg. 330 Item 16 Packet Pg. 331 Item 16 Packet Pg. 332 Item 16 Packet Pg. 333 Item 16 Packet Pg. 334 Item 16 Packet Pg. 335 Item 16 Packet Pg. 336 Item 16 Packet Pg. 337 Item 16 Packet Pg. 338 Item 16 Packet Pg. 339 Item 16 Packet Pg. 340 Item 16 Packet Pg. 341 Item 16 Packet Pg. 342 Item 16 Packet Pg. 343 Item 16 Packet Pg. 344 Item 16 Packet Pg. 345 Item 16 Packet Pg. 346 Item 16 Packet Pg. 347 Item 16 Packet Pg. 348 Item 16 Packet Pg. 349 Item 16 Packet Pg. 350 Item 16 Packet Pg. 351 Item 16 Packet Pg. 352 Item 16 Packet Pg. 353 Item 16 Packet Pg. 354 Item 16 Packet Pg. 355 Item 16 Packet Pg. 356 Item 16 Packet Pg. 357 Item 16 Packet Pg. 358 Item 16 Packet Pg. 359 Item 16 Packet Pg. 360 Item 16 Packet Pg. 361 Item 16 Packet Pg. 362 Item 16 Packet Pg. 363 Item 16 Packet Pg. 364 Item 16 Packet Pg. 365 Item 16 Packet Pg. 366 Item 16 Packet Pg. 367 Item 16 Packet Pg. 368 Item 16 Packet Pg. 369 Item 16 Packet Pg. 370 Item 16 Packet Pg. 371 Item 16 Packet Pg. 372 Item 16 Packet Pg. 373 Item 16 Packet Pg. 374 Item 16 Packet Pg. 375 Item 16 Packet Pg. 376 Item 16 Packet Pg. 377 Item 16 Packet Pg. 378 Item 16 Packet Pg. 379 Item 16 Packet Pg. 380 Item 16 Packet Pg. 381 Item 16 Packet Pg. 382 Item 16 Packet Pg. 383 Item 16 Packet Pg. 384 Item 16 Packet Pg. 385 Item 16 Packet Pg. 386 Item 16 Packet Pg. 387 Item 16 Packet Pg. 388 Item 16 Packet Pg. 389 Item 16 Packet Pg. 390 Item 16 Packet Pg. 391 Item 16 Packet Pg. 392 Item 16 Packet Pg. 393 Item 16 Packet Pg. 394 Item 16 Packet Pg. 395 Item 16 Packet Pg. 396 Item 16 Packet Pg. 397 Item 16 Packet Pg. 398 Item 16 Packet Pg. 399 Item 16 Packet Pg. 400 Item 16 Packet Pg. 401 Item 16 Packet Pg. 402 Item 16 Packet Pg. 403 Item 16 Packet Pg. 404 Item 16 Packet Pg. 405 Item 16 Packet Pg. 406 Item 16 Packet Pg. 407 Item 16 Packet Pg. 408 Item 16 Packet Pg. 409 Item 16 Packet Pg. 410 Item 16 Packet Pg. 411 Item 16 Packet Pg. 412 Item 16 Meeting Date: 7/10/2018 FROM: Daryl Grigsby, Director of Public Works Prepared By: Scott Lee, Parking Services Manager SUBJECT: AUTHORIZE USE OF AUTOMATED LICENSE PLATE RECOGNITION (ALPR) RECOMMENDATION 1. Hold a public hearing to receive testimony on the proposed use of Automated License Plate Recognition (ALPR) for enforcement and data collection purposes; and 2. Approve the use of Automated License Plate Recognition (ALPR) technology in accordance with all State law and City policies included in Attachment A and Attachment B. DISCUSSION Intelligent transportation systems (ITS) have become essential in providing day-to-day operations to assist the general public in many facets of transport ation systems. These include 1) traffic signal system integrations, 2) autonomous & connected vehicle advancements, 3) operator choice applications systems information such as transit and parking services and their availability. Additionally, law enforcement utilize s ALPR technology in assisting in certain law enforcement activities that are of community benefit. ITS is assisting both the general public and the transportation providers with new ways and methods of doing business in order to be more efficient and transparent . The use of technology such as Automated License Plate Recognition (ALPR) will be one of many technologies to assist in parking data collection, parking enforcement , and law enforcement detection within the City. Other technologies include enhancements to our Parking Access and Revenue Control System (PARCS) which contro ls our parking structure gates. The primary objective of ALPR will be to assist Parking Services in the identification of vehicles to determine whether the vehicle has exceeded the allowed parking time permitted at its current location or has the proper residential permit for a given area. As residential permit districts have expanded, and additional time restrictions have been put in place throughout the City, enforcement has become more difficult . Complaints regarding parking, particularly in areas around Cal Poly University, have increased particularly since the university restricted freshmen from bringing vehicle s to campus. Parking density on streets around the campus has increased and effective enforcement is limited due to the repeated need to circul ate the neighborhoods and identify parking violations. The secondary purpose of ALPR will be, in partnership with the Police Department , to reduce harm to the community by providing data to help locate stolen vehicles, wanted/high risk persons, and at risk/missing persons. This report recommends adoption of policies regard ing each of these applications of ALPR technology for these purposes and separates out Packet Pg. 413 Item 17 responsibilities between the Public Works and Police Departments in their application . The use of ALPR is anticipated to assist Parking staff in identifying parking violations and will be an essential tool to assist in performing daily duties. Secondarily, AL PR will also assist in the data collection necessary to update and maintain the Park + model c urrently used by the City and give more immediate occupancy data for staff, the community and Council on parking related issues. ALPR Details License plate recognition systems use image processing technology to identify vehicles through their license plates and use cameras to capture images of the front and/or rear of a vehicle . In addition, GPS coordinates identify the vehicle’s location. It is important to note that this system will gather and process vehicle parking data far more efficiently than the manual collection processes currently utilized by Parking Services. In essence, Parking Services will use this technology as a new and more effective way of doing business y – a major premise of the City’s Fiscal Health Response Plan. As an example, park ing occupancy studies that are done manually now would be semi-automated with this technology, assisting and accelerating in compiling data for parking assessments. ALPR will allow parking enforcement officers to more effectively enforce the parking laws of the City and respond more quickly to public requests for enforcement, particularly in areas surrounding Cal Poly. Vehicle license plate information will be collected, processed, and stored electronically and will be used for parking enforcement, occupancy, and trend analysis. The information will only be retained in the system for the time -period needed and then will automatically be deleted. Actual vehicle ownership information will not be determined as part of this process. While ALPR is intended primarily for enforcement purposes, this technology will also automate the collection efforts and improve accuracy of the data used to update the pilot Kimley-Horn Park+ model currently being used by Parking Services. The Park+ model is under development to help the City understand the parking impacts of new development and model utilization rates and how dynamic pricing can affect parking availability. Data can also be gathered and modeled to help determine if an area should have parking restrictions added (i.e. meters, time limits, etc.) and will allow these determinations to be made faster and with more complete information. Use of ALPR will be in accordance with all State requirements including SB 34, which establishes requirements of jurisdictions that u se ALPR as a tool. This bill requires an agency provide an opportunity for the public to comment at a regularly scheduled public meeting before implementing an ALPR program o r the proposed use of the ALPR system. Attachment 1 includes the proposed policy o n the use of APLR for Parking Services within the City. SB 34 also prohibit s the City from selling, sharing, or transferring ALPR information, except to another public agency for very specific purposes and the City will adhere to that requirement . The City Council approved the RFP for ALPR in July 2017, and the City Manager authorized the award of the contract in March 2018. Packet Pg. 414 Item 17 NEXT STEPS Should Council approve, Parking Services will begin to utilize the ALPR technology in accordance with California Stat utes and City policies after staff completes required training. Police department utilization of the technology will be phased in over time once the system has been implemented and troubleshooted. CONCURRENCES Public Works Transportation, Community Development Department, and the SLO Police Department all concur with this recommendation. ENVIRIONMENTAL REVIEW The recommended actions are not subject to the California Environmental Quality Act. FISCAL IMPACT The use of ALPR technology will likely result in increased operational efficiencies in the way the City does parking business, particularly in data collection for operational assessments as well as enforcement activities. It is expected that an increase in revenue may result as part of utilizing this tool for enforcement purposes. Additional operating expenses will be incurred primarily through fees associated with processing citations and monthly cost s of operating and maintaining the system. These expenses are anticipated to be low enough to be absorbed within the existing Parking Fund budget. In addition, o perational efficiencies may result from enhanced enforcement and a potential temporary increase in citations. It is anticipated that as enforcement becomes more effective, violations will return to standard levels. ALTERNATIVES The City Council may choose to not approve the usage of ALPR technology and instruct Staff to continue to manually enforce all parking regulations and manually collect data for updating the Park + model and seek other alt ernatives. The Parking Manager and staff do not recommend this alternative as this option is time consuming and does not improve the overall capabilities or efficiencies of the division and the system that have been purchased and installed on Parking Enforcement Vehicles. Attachments: a - Parking ALPR Policy 06-29-2018 b - SLOPD ALPR Policy 06-29-2018 Packet Pg. 415 Item 17 Drafted 06-13-2018 Automated License Plate Recognition (ALPR) - 1 San Luis Obispo Parking Division Policy Manual Automated License Plate Recognition (ALPRs) 1. PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Recognition (ALPR) technology. 2. POLICY The policy of the San Luis Obispo Public Works Department’s Parking Services Division is to utilize ALPR technology to capture and store digital license data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 3. ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Parking Services Division to convert data associated with vehicle license plates for official Parking Services Division purposes, including identifying vehicles eligible for tow due to overdue citations, and for electronically “chalking” vehicles to enforce time limited parking spaces. It may also be used to identify stolen or wanted vehicles, and be shared with the San Luis Obispo Police Department in accordance with their ALPR policy. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Parking Manager. The Parking Manager will assign staff mem bers under his/her direction to administer the day-to-day operation of the ALPR equipment and data. 3.1. ALPR ADMINISTRATOR The Parking Manager shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. Packet Pg. 416 Item 17 Drafted 06-13-2018 Automated License Plate Recognition (ALPR) - 2 (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the City’s Information Technology Division (IT) and the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website. 4. OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53) (a) An ALPR shall only be used for official Parking Division business. (b) An ALPR may be used in conjunction with any routine Parking Division operation, including parking enforcement activities. (c) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. (d) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (e) For scofflaw vehicles, the enforcement officer shall verify registration information and past due citation status prior to immobilization or impound of vehicles that is based solely on an ALPR alert. 5. DATA COLLECTION AND RETENTION The Parking Manager is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with division procedures. All ALPR data downloaded to the server should be stored for a minimum of one year in accordance with the City’s established records retention schedule. Thereafter, ALPR data will be purged. Any ALPR data shared with law enforcement that becomes related to evidence in a criminal or civil action or data that is subject to a discovery request or other lawful action will be downloaded from the server onto portable media and booked into evidence with the San Luis Obispo Police Department. 6. ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Parking Division will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52) Packet Pg. 417 Item 17 Drafted 06-13-2018 Automated License Plate Recognition (ALPR) - 3 (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate Parking Division purposes only, such as when the data relates to the investigation of a parking violation. (c) ALPR systems audits should be conducted on a regular basis. 7. RELEASING ALPR DATA The ALPR data may only be shared with the San Luis Obispo Police Department, and may be released to other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law per San Luis Obispo Police Department policy. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 8. TRAINING The Parking Manager should ensure that members receive approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Packet Pg. 418 Item 17 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Automated License Plate Readers (ALPRs) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Automated License Plate Readers (ALPRs) 469.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 469.2 POLICY The policy of the San Luis Obispo Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. The San Luis Obispo Public Works Department has adopted a parallel but separate policy for their use of ALPR including the administration of all the Public Works equipment, operations, data collection and retention, accountability, release of ALPR data and training. 469.3 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the San Luis Obispo Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of Police Department APLR equipment, as well as Police Department data retention and access, shall be managed by the Police Department’s Administration Bureau Commander. For all issues related to law enforcement and data collection the Departme nt’s Administration Bureau Commander will assign staff members under his/her direction to administer the day-to-day operation of their ALPR equipment and data. 469.3.1 ALPR ADMINISTRATOR The Administration Bureau Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. Policy 469 Packet Pg. 419 Item 17 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Automated License Plate Readers (ALPRs) (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department’s website. 469.4 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 469.5 DATA COLLECTION AND RETENTION The Administration Bureau Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. Packet Pg. 420 Item 17 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Automated License Plate Readers (ALPRs) 469.6 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The San Luis Obispo Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action. (c) ALPR system audits should be conducted on a regular basis. For security or data breaches, see the Records Release and Maintenance Policy. 469.7 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a) The agency makes a written request for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the Administration Bureau Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 469.8 TRAINING The Training Manager should ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Packet Pg. 421 Item 17