HomeMy WebLinkAbout07-17-2018 AGENDA PACKETTuesday, July 17, 2018
4:30 PM 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 FOR AGENDA ITEMS ONLY
PUBLIC HEARING AND BUSINESS ITEMS
1.APPROVE COMPREHENSIVE SETTLEMENT AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
(IRONS/SUTTER – 20 MINUTES)
Recommendation:
Approve a comprehensive settlement agreement with the International Association of
Firefighters, Local 3523 (Fire Union) that includes:
a.Dismissal of a pending grievance with prejudice.
b.A court approved Settlement of Eric Baskin, et al. v. City of San Luis Obispo, United
Stated District Court, Central District of California, Case No. 2:16-cv-08876-DSF-
JPR.
c.Resolution of a dispute as to the exempt status of Fire Battalion Chiefs under the
overtime provisions of the Federal Labor Standards Act.
d.Adopting a Resolution entitled “ A Resolution of the City Council of the City of San
Luis Obispo, California, adopting and ratifying the Memorandum of Agreement
between the City of San Luis Obispo and the San Luis Obispo Firefighters Local 3523
for the period of January 1, 2018 through December 31, 2020´ratifying the
Memorandum of Agreement (MOA) between the City of San Luis Obispo and the
Fire Union.”
San Luis Obispo City Council Agenda July 17, 2018 Page 2
2. ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED
MANAGEMENT EMPLOYEES INCLUDING APPOINTED OFFICIALS
EVALUATIONS (IRONS/SUTTER – 10 MINUTES)
Recommendation:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, regarding management compensation for Appointed Officials,
Department Heads, and Management Employees and superseding previous resolutions in
conflict” with a three-year term (July 1, 2018 through June 30, 2021) adjusting the
compensation of the Unrepresented Management Employee.
2. Adopt two Resolutions entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, amending a contract of employment for City Attorney” and “A
Resolution of the City Council of the City of San Luis Obispo, California, amending a
contract of employment for City Manager” approving amendments to the City Attorney
and City Manager’s contracts.
3. PUBLIC HEARING - REVIEW OF THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) PREPARED FOR THE PROPOSED PALM NIPOMO PARKING
STRUCTURE PROJECT, WHICH INCLUDES FIVE LEVELS OF PARKING FOR
UP TO 445 PARKING SPACES, 5,000 SQUARE FEET OF COMMERCIAL SPACE,
A NON-PROFIT THEATRE WITH APPROXIMATELY 24,000 SQUARE FEET
AND UP TO 290 THEATRE SEATS, A ZONE CHANGE AND GENERAL PLAN
AMENDMENT FROM THE CURRENT OFFICE (O) ZONE AND MEDIUM-HIGH
RESIDENTIAL (R-3) ZONE TO PUBLIC FACILITY (PF) ZONE.
(GRIGSBY/COHEN – 30 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, certifying the Final EIR for the proposed Palm Nipomo Parking
Structure Project, which includes five levels of parking for up to 445 parking spaces, 5,000
square feet of commercial space, a nonprofit theatre with approximately 24,000 square feet
and up to 290 theatre seats, a Zone Change and General Plan Amendment from the current
Office (O) Zone and Medium High Residential (R-3) Zone to Public Facility (PF) Zone, for
property located at 609, 610, 614, 630, 633 Palm Street and 970, 972 Nipomo Street (EID-
0349-2017)” certifying Final EIR for the proposed parking structure project.
ADJOURNED TO THE REGULAR MEETING OF JULY 17, 2018 TO BEGIN AT 6:00
PM
San Luis Obispo City Council Agenda July 17, 2018 Page 3
Tuesday, July 17, 2018
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice
Mayor Carlyn Christianson and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Vice Mayor Carlyn Christianson
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA (not to exceed 15
minutes total)
The Council welcomes your input. You may address the Council by completing a speaker slip
and giving it to the City Clerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three-minute time limit.
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
San Luis Obispo City Council Agenda July 17, 2018 Page 4
5. SELECTION OF VOTING DELEGATE AND ALTERNATES – LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE (PURRINGTON)
Recommendation:
Appoint Vice Mayor Carlyn Christianson as the voting delegate and Council Members
Gomez and Pease as alternate voting delegates to vote on the City’s behalf at the Annual
Business Meeting of the League of California Cities on Friday, September 14, 2018.
6. EASEMENTS WITH PG&E FOR ELECTRIC VEHICLE CHARGING STATIONS
(GRIGSBY/LEE)
Recommendation:
1. Authorize the City Manager to sign two easements for Pacific Gas and Electric
Company (PG&E) to provide the right to construct, reconstruct, install, inspect,
maintain, replace and remove conduits and cables in the parking structures located at
919 Palm Street and 871 Marsh Street for the purpose of providing the necessary
infrastructure to install electric vehicle (EV) charging stations at each of these locations.
2. Authorize the City Manager to negotiate with ChargePoint for purchase and installation
of the EV charging equipment.
7. ADOPTION OF CLASSIFICATION AND COMPENSATION PLAN AND
REGULAR AND SUPPLEMENTAL SALARY SCHEDULES (IRONS/ROLTGEN)
Recommendation:
1. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing a Classification and Compensation Plan” and
2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting the Regular and Supplemental Salary Schedules” effective
July 26, 2018 and the Regular Salary Schedule effective August 9, 2018, as required by
California Public Employees Retirement System (CalPERS).
8. ADOPT A RESOLUTION TO JOIN THE INSTITUTE FOR LOCAL
GOVERNMENT’S BEACON PROGRAM FOR SUSTAINABILITY SUPPORT
(HILL/READ)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, to approve participation in the Institute for Local Government’s Beacon
Program” to support local sustainability initiatives.
San Luis Obispo City Council Agenda July 17, 2018 Page 5
9. REQUEST FOR PROPOSALS FOR COMMUNITY OUTREACH AND
COMMUNICATIONS SUPPORT SERVICES, SPECIFICATION NO. 91677
(HERMANN/BETZ)
Recommendation:
1. Authorize the issuance of a Request for Proposals (RFP) for contract services for
community outreach and communications support services; and
2. Authorize the City Manager to award the contract if proposals are within the project
budget of $120,000.
10. BUDGET AMENDMENT REQUEST FOR TRANSPORTATION IMPACT FEE
FUNDED ORCUTT/TANK FARM ROUNDABOUT DESIGN (GRIGSBY/RICE)
Recommendation:
Approve a Budget Amendment Request for the Orcutt & Tank Farm Roundabout, increasing
the budget by $114,000 from the Transportation Impact Fee Fund.
PUBLIC HEARING AND BUSINESS ITEMS
11. PUBLIC HEARING TO CONSIDER A REVISION TO THE PREVIOUSLY-
APPROVED SAN LUIS RANCH PROJECT, INCLUDING 1) THE
CERTIFICATION OF THE FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT (SEIR); 2) APPROVAL OF AN ADDENDUM TO THE
PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT; 3)
SPECIFIC PLAN AMENDMENT TO ADDRESS MODIFIED PROJECT PHASING;
AND 4) INTRODUCTION OF AN ORDINANCE APPROVING A DEVELOPMENT
AGREEMENT. THE APPROVED SPECIFIC PLAN FOR THE SITE INCLUDES
UP TO 580 RESIDENTIAL UNITS, 150,000 SQUARE FEET OF COMMERCIAL,
100,000 SQAURE FEET OF OFFICE, 200-ROOM HOTEL, 2.8 ACRES OF PARKS,
WITH 60 ACRES OF THE SITE TO REMAIN IN AGRICULTURE OR OPEN
SPACE. (CODRON/COREY/RICKENBACH – 90 MINUTES)
Recommendation:
As recommended by the Planning Commission, adopt a Resolution entitled “A Resolution of
the City Council of the City of San Luis Obispo, California, certifying the Final
Supplemental EIR, approving the addendum to the Final EIR for, and approval of, the
revised San Luis Ranch Project, including a Specific Plan Amendment for property located
at 1035 Madonna Road (SPEC/ANNX/ER-1502-2015 a.k.a. “San Luis Ranch”)” and
introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis
Obispo, California, approving the Development Agreement between the City of San Luis
Obispo, a Charter City, and Mi San Luis Ranch, LLC” to certify the Final SEIR, approve an
Addendum to the Final Environmental Impact Report (FEIR), approve the Specific Plan
Amendment (“Revised Project”) and approve a Development Agreement.
San Luis Obispo City Council Agenda July 17, 2018 Page 6
12. PUBLIC HEARING - ANHOLM RESIDENTIAL PARKING PERMIT DISTRICT
(GRIGSBY/FUCHS – 30 MINUTES)
Recommendation:
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, establishing a Residential Parking Permit District for the Anholm
Neighborhood, establishing days and hours of operation of said district, and time of renewal
for a parking permit” establishing the Anholm Residential Parking Permit District.
13. SAN LUIS OBISPO MUNICIPAL CODE 6.20.010 -- KEEPING NOISY AMINALS
(CANTRELL/SMITH – 30 MINUTES)
Recommendation:
Review the City’s current ordinance related to noisy animals and how it coincides with the
Animal Care and Control Services agreement with County Animal Services. No changes to
the City’s current ordinance are proposed at this time in favor of alternative approaches
described herein.
LIAISON REPORTS AND COMMUNICATIONS
(Not to exceed 15 minutes) Council Members report on conferences or other City activities.
At this time, any Council Member or the City Manager may ask a question for clarification,
make an announcement, or report briefly on his or her activities. In addition, subject to
Council Policies and Procedures, they may provide a reference to staff or other resources for
factual information, request staff to report back to the Council at a subsequent meeting
concerning any matter, or take action to direct staff to place a matter of business on a future
agenda. (Gov. Code Sec. 54954.2)
ADJOURNMENT
The Regular City Council Meeting of August 7, 2018 was previously cancelled. The next
Regular City Council Meeting is scheduled for Tuesday, August 21, 2018 at 4:30 P.M. and 6:00
P.M., respectively, in the Council Chamber, 990 Palm Street, San Luis Obispo, California.
San Luis Obispo City Council Agenda July 17, 2018 Page 7
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meetings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781-7100.
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Meeting Date: 7/17/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Nickole Sutter, Human Resources Analyst II
SUBJECT: APPROVE COMPREHENSIVE SETTLEMENT AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
RECOMMENDATION
Approve a comprehensive settlement agreement with the International Association of
Firefighters, Local 3523 (Fire Union) that includes:
a. Dismissal of a pending grievance with prejudice.
b. A court approved Settlement of Eric Baskin, et al. v. City of San Luis Obispo, United
Stated District Court, Central District of California, Case No. 2:16-cv-08876-DSF-JPR
(Attachment A).
c. Resolution of a dispute as to the exempt status of Fire Battalion Chiefs under the
overtime provisions of the Federal Labor Standards Act.
d. Adopting a resolution ratifying the Memorandum of Agreement (MOA) between the City
of San Luis Obispo and the Fire Union (Attachments B & C) with a three-year term
(January 1, 2018 through December 31, 2020).
REPORT-IN-BRIEF
The Fire Union represents 47 fire employees; 42 sworn personnel from the rank of Firefighter to
Fire Battalion Chief and five non-sworn personnel including Fire Inspectors, Fire Vehicle
Mechanic, and Hazardous Materials Coordinator. Labor relations with this group have been
strained for some time as evidenced by an outstanding grievance over increased staffing levels,
the filing of a federal lawsuit alleging FLSA violations only a few months after the City
committed to do an internal review of FLSA compliance in light of a recent court decision
(Flores v. City of San Gabriel), a dispute as to whether Fire Battalion Chiefs are eligible for
overtime, and protracted labor negotiations.
A comprehensive settlement agreement is before Council that would settle four outstanding
issues with the Fire Union as follows:
1. Dismissal with prejudice of a grievance regarding Council’s approval of three additional
Firefighters in the 2016-17 Budget Supplement and the intended implementation of a
Leave Pool Staffing Program. The dismissal of this grievance avoids further unnecessary
costs associated with hearing the grievance and allows the City to move forward with full
implementation of this program aimed at improving service to the community by
providing one additional firefighter per shift available to fill vacancies that routinely
occur due to vacation, sickness, injury, out of county assignments, or turnover.
2. Settlement of a Federal lawsuit alleging violations of the Federal Labor Standards Act
(FLSA), that avoids further escalation of attorney’s fees for the City and potential
liability on the City’s part for escalating plaintiffs’ attorney fees and provides a full
release of claims from the plaintiffs.
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3. Agreement by the parties that the Fire Battalion Chiefs are not eligible for overtime under
the FLSA, thus avoiding potentially substantial costs, and providing adequate supervision
and management of emergency response personnel.
4. A three-year successor MOA between the City and the Fire Union that meets financial
objectives outlined in the City’s Fiscal Health Response Plan (FHRP) by limiting
increases to ongoing total compensation costs to approximately 3% over three years, far
less than anticipated inflation of 2.9% per year (based on three-year historical average),
while increasing employee contributions to retirement costs, and continuing health
insurance cost-sharing between the City and employees.
The FLSA litigation portion of this comprehensive settlement was approved, as is required, by
the Court on June 15, 2018; however, the entire settlement is subject to Council approval.
DISCUSSION
Background
Outstanding Grievance
Shortly following Council adoption of the 2016-17 Budget Supplement, the Fire Union on behalf
of all members filed a grievance alleging the City violated various articles of the MOA and
Resolution 6620 (the City’s Employer-Employee Relations Resolution) when Council authorized
three additional Firefighter positions in the 2016-17 Budget Supplement without meeting and
conferring with the Fire Union in advance of this action. The additional staffing approved by
Council was anticipated to be cost neutral as the new hires would be deployed under a proposed
Leave Pool Staffing Program that would fill vacancies due to vacation, sickness, injury, or
turnover with a Relief Firefighter or “rover” per shift, instead of overtime worked by existing
personnel. Thus, the City’s overtime budget would be reduced and used instead to hire the
additional Firefighters. The City also anticipated that use of the additional firefighter resources
as proposed could have the added positive benefit of alleviating concerns that had been voiced
by existing staff regarding fatigue and work life imbalance associated with firefighters working
mandated overtime shifts.
It is the City’s position that management has the authority to determine staffing levels and is
obligated to meet and confer with the Fire Union over potential impacts to wages, hours, and
working conditions of the decision identified by the Fire Union. The City invited the Fire Union
to meet and confer over the impacts of the additional staffing and planned deployment of the
Leave Pool Staffing Program, the day before the grievance was filed on July 6, 2016. Meet and
confer in good faith is the City’s obligation to exchange information, concerns, and proposals,
and to endeavor to reach agreement on matters within the scope of bargaining (wages, hours, and
working conditions). The meet and confer process with the Fire Union was completed in
December 2016, but not before the Fire Union requested the grievance be reviewed by a Hearing
Officer assigned by State Mediation and Conciliation. The parties were unable to schedule the
grievance before a Hearing Officer and agreed to further consider the issue when successor
MOA negotiations began in August 2017.
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Meanwhile, after completing the meet and confer process, the City recruited, but was ultimately
unsuccessful in staffing the program; as such, the proposed Leave Pool Staffing Program has not
yet been implemented. The three additional Firefighter positions remain budgeted and a
recruitment is anticipated later this calendar year. Currently, vacancies are filled by paying
existing staff overtime.
Federal Lawsuit Filed
Negotiations that resulted in the January 1, 2016 through December 31, 2017 MOA between the
Fire Union and the City took approximately one year to reach agreement as the City and Fire
Union’s positions on “competitive compensation” were not aligned. Ultimately, that Agreement
was approved by Council on October 18, 2016. At the initiation of the City, the 2016-17 Fire
MOA included a commitment by the City to conduct a Federal Labor Standards Act (FLSA)
internal review of overtime calculation practices in response to a Ninth Circuit Court of Appeals
Decision, Flores v. City of San Gabriel, rendered in June 2016. The City also committed to
review the FLSA status of Fire Battalion Chiefs. Flores requires “cash in lieu” of health
insurance payments to be included in the regular rate of pay for FLSA overtime payment. The
City committed to doing this review for all non-exempt employees, starting with those
represented by the Fire Union to understand whether any employees had been underpaid under
the newly established legal standard and, if so, to inform discussions around resolution.
Despite that commitment, on December 1, 2016 the City learned that several City Firefighters
had filed a complaint against the City in Federal court, Eric Baskin, et al. v. City of San Luis
Obispo. The lawsuit alleged the City had violated provisions of the FLS A by failing to include
cash in lieu of City health insurance (and potentially even the total amounts contributed by the
City toward health insurance for employees) in the regular rate of pay for the purposes of
calculating overtime compensation. Once filed, a settlement of a FLSA lawsuit cannot be
completed solely by consent of the parties but requires the approval of the Court based on a
record that supports the reasonableness of the proposed settlement amount. The FLSA also
includes provisions that amount to strict liability for costs and attorney’s fees in the event it is
determined that there has been any miscalculation and underpayment of wages under the FLSA,
whether intentional or not. Because of the technical nature of FLSA calculation and litigation,
expert costs and attorney’s fees for both parties can escalate quickly and significantly, with the
disproportionate level of a potential attorney’s fees award drastically outstripping the amount of
any actual wage liability. That was certainly the case here, where both parties’ experts agreed
that the actual liability for wage underpayments was minimal, a cumulative total of
approximately $3,000 for all plaintiffs over a three-year period. However, the next phase of
litigation presented the likelihood of drastically escalating attorneys’ fees, which collectively
could have amounted to hundreds of thousands of dollars of cost and attorney’s fees exposure to
dispute what amounted to a relatively insignificant difference in positions on actual wage
liability. While the amount of attorney’s fees agreed upon as part of the global settlement,
$39,650, significantly exceeds the agreed upon wage settlement, the settlement agreement still
represents a substantial avoidance of legal costs, both for the City’s own legal costs and the
potential liability for the Fire Union’s legal fees.
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The City’s internal FLSA review concluded and, effective October 12, 2017, the City
incorporated cash-in-lieu of health insurance payments into the regular rate of pay for sworn fire
personnel on a go-forward basis. In doing so, the City implemented a “dual-calculation” of
overtime that offsets any FLSA overtime with the contractually required overtime payments. In
the event an employee is owed more under the FLSA overtime calculation than the contractual
overtime calculation, an adjustment is made. Since October 2017, only four adjustments, totaling
approximately $52, have been necessary, given it is rather unusual in this unit for FLSA
overtime to exceed contractual overtime.
Successor MOA Negotiations and Fire Battalion Chief Exemption
The MOA governing wages and benefits for the Fire Union expired on December 31, 2017. In
anticipation of expiration, the parties began negotiations in August 2017 with the goal of an
expedited agreement. While the parties were negotiating a successor MOA, the City was
developing the Fiscal Health Response Plan (FHRP) adopted by Council on April 17, 2018. The
FHRP outlines actions during the next three fiscal years (2018-19 through 2020-21) aimed at
closing an approximate $8.9 million budget gap due to a CalPERS discount rate reduction
increasing retirement cost to agencies. The FHRP anticipates employee concessions (anticipated
growth of employee wages and benefits at a rate less than inflation) equali ng $1.9M by fiscal
year 2020-21. The FHRP and Council’s updated Labor Relations Objectives (LRO) adopted on
March 20, 2018 guided negotiations with the Fire Union (Attachment D). The City’s primary
interests included achieving a longer-term agreement, increased employee contributions to
pension costs, maintaining competitive wages and benefits to support recruitment and retention
objectives, and avoiding overtime cost increases due to changes in the FLSA. The Fire Union’s
primary interests were competitive wages and benefits, with the City and the Union again in
disagreement over how to define competitive: The City put more weight on the City’s fiscal
health and ability to recruit and retain firefighters and the Union put more weight on market data.
In addition, the issue of whether Fire Battalion Chiefs should be eligible for overtime payments
was included in the negotiations. The City presented an analysis of why it considers the
positions primarily management and, therefore, exempt from the FLSA overtime provisions. The
Fire Union asserted that Fire Battalion Chiefs are primarily used as first responders, frequently
rendering first aid and preventing or controlling fires.
Parallel Tracks Lead to Comprehensive Settlement Agreement
After eight meetings over four months it was apparent successor MOA negotiations were stalled
as the parties were far apart in their economic objectives. Meanwhile, court deadlines on the
FLSA lawsuit were approaching that would require significant additional investment in City
resources to defend the City’s position, and would escalate the Fire Union’s attorney’s fees, and
the City’s exposure, in a manner that would have been outside the City’s control. To avoid the
potential uncertainty, expense, and delay of litigation, the parties engaged in extensive settlement
negotiations including participating in two full-days of private mediation on March 1 and 2,
2018. The parties reconvened on March 7 and 9, 2018 and reached a comprehensive tentative
agreement, with the FLSA lawsuit portion of the agreement being subject to court approval,
which was granted on June 15, 2018.
The key to reaching a comprehensive settlement for the City was achieving a three-year
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successor MOA term, thus avoiding protracted negotiations in another six to twelve months,
achieving increased employee contributions to retirement costs, and avoiding additional legal
fees related to the FLSA litigation, grievance, and Battalion Chief FLSA status issue. Key to
reaching agreement for the Fire Union was resolution of the FLSA lawsuit including some
“value” to all members of the Fire Union, instead of only the plaintiffs to the lawsuit,
maintenance of cost-sharing on health insurance, increasing annual vacation accrual for sworn
personnel to be closer to the median of comparison agencies, and modest Cost of Living
Adjustments (COLAs) in each fiscal year.
Key Components of the Comprehensive Settlement Agreement
Settlement of the Staffing Grievance
1. The Fire Union agreed to dismiss the staffing grievance with prejudice, avoiding further
unnecessary cost associated with hearing the grievance and allowing the City to move
forward with full implementation of this program aimed at improving service to the
community by hiring three additional firefighters, or one additional firefighter per shift
available to fill vacancies that routinely occur due to vacation, sickness, injury, or
turnover.
Settlement of the FLSA Litigation
Settlement of the FLSA litigation included the following key components approved by the Court
on June 15, 2018:
1. Payment to Plaintiffs. The total sum of $2,609 is allocated to twenty-five plaintiffs.
2. Attorney Fees and Costs. City will pay plaintiffs’ counsel $39,650.
3. Payment of Expert Fees. City will reimburse Local 3523 in the amount of $12,799.23
for expert costs the Fire Union incurred to confirm City’s calculation of FLSA overtime
liability, including cash-in-lieu payments.
4. Release of Claims. Each named plaintiff agrees to release all claims for FLSA backpay
related to cash-in-lieu up through date of settlement.
Successor MOA and Settlement of Fire Battalion Chief Exemption
The following is a summary of the key changes included in the successor Fire MOA:
1. Term of the Agreement. January 1, 2018 to December 31, 2020
2. Cost of Living Adjustments. The COLAs are partially offset by PERS retirement cost-
sharing and are in line with the FHRP and Council’s LROs.
• 1% COLA March 2018
• 2% COLA July 2019; Employee contribution to CalPERS increased by 1.5%.
• 2% COLA July 2020; Employee contribution to CalPERS increased by an
additional 1.5%.
3. CalPERS Retirement Cost-Sharing. By the third year of the contract, all Fire personnel
will be paying three percent (3%) more toward their retirement. Currently, Tier 1 and 2
sworn Fire personnel pay nine percent (9%) and Tier 3 sworn personnel pay 12.75% of
their salary and special compensation to retirement. By July 2020, the contribution rates
will be increasing to 12% and 15.75% as shown in the table below. The ongoing increase
of the employee contribution to retirement is in line with the City’s FHRP and Council’s
LROs.
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4. Health Insurance Cost-Sharing. During the duration of the contract, maintain the
current cost-sharing arrangement that increases the City contribution by 50% of the
average percent increase in CalPERS medical premiums (For example, if the average
increase in CalPERS medical premiums increases ten percent, the City contribution
would increase five percent, while employees absorb the remainder of the increased cost).
This balanced cost sharing model meets Council’s LROs.
5. Lump Sum Payments. The following lump sum, taxable payments are part of the
comprehensive settlement with the Fire Union to support significant one-time legal cost
avoidance and to represent a finite incentive to retain experienced employees, while not
increasing ongoing compensation. The payments will be made to all members employed
by the City on the first full pay period of the months listed below.
• August 2018 $2,000
• December 2019 $1,300
• December 2020 $1,300
6. Vacation Leave Accrual. Increase the vacation leave accrual for shift employees to get
closer to the median accrual levels of the City’s comparison agencies with an earning
potential of accruing up to eleven days of vacation after working for the City of SLO for
more than 20 years.
The Fire Union also agreed that Fire Battalion Chiefs will continue to be considered exempt
from the overtime provisions of the FLSA. The City maintains the Fire Battalion Chiefs’ primary
duties are managerial in nature, as they are primarily responsible for developing, communicating
with, and supervising emergency response crews, during and between emergency incidents. During
emergency response, Battalion Chiefs direct crews under a well-articulated plan, and they act as the
primary liaison between the public and Department leadership.
Benefits of the Proposed Comprehensive Settlement Agreement
1. Settles four outstanding issues and achieves FHRP objective of increased employee
retirement cost-sharing, while reducing anticipated growth of employee compensation.
2. Avoids further costly litigation and defense costs on FLSA lawsuit, grievance, and
potential filing over Battalion Chief FLSA status issue.
3. Confirms the dual calculation of overtime methodology that limits overtime liability by
using contract overtime to offset strict FLSA overtime liability.
4. A three-year term for the successor MOA avoids additional protracted and costly
negotiations during the FHRP term.
5. Modest cost of living increases, partially offset by increased employee contributions to
retirement costs, helps maintain competitive salaries while keeping the overall increase in
total compensation under anticipated inflation rates.
6. One-time payments at intervals throughout the labor agreement, support significant one-
Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Safety PERS Tier July 2018 July 2019 July 2020
Tier 1 (3% @ 50) 9% 10.5% 12%
Tier 2 (3% @ 55) 9% 10.5% 12%
Tier 3 (2.7% @ 57) 12.75% 14.25% 15.75%
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time legal cost avoidance, conclude the misdirection of scarce staff resources on multiple
disputes, and represents a finite incentive to retain experienced employees, while not
increasing ongoing compensation on which long-term retirement obligations are based.
7. Provides certainty and stability of the global settlement in advancing the goals of the
FHRP and permitting focus to be directed to long term fiscal sustainability.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15278.
FISCAL IMPACT
The one-time cost totals approximately $296,000 during the three-year term. One-time costs
identified thru fiscal year 2018-2019 have been appropriated by Council as part of the 2018-19
Supplemental Budget and one-time costs expensed in future years, will be included as part of the
2019-21 Financial Plan. The cumulative ongoing cost after all items are implemented is
approximately $469,980. The ongoing costs are modeled in the ten-year forecast, are sustainable
under the FHRP, and are consistent with Council adopted LROs.
ALTERNATIVE
Council may choose to reject the Comprehensive Settlement Agreement. This alternative is not
recommended, given it is consistent with prior Council direction and the basis for good faith
negotiations.
Attachments:
a - Court Approved Baskin v. SLO Settlement Agreement
b - Fire Resolution 2018
c - Exhibit A to Attachment B (Legislative Draft)
d - Labor Relations Objectives
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RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2018 THROUGH DECEMBER 31,
2020
WHEREAS, the International Association of Firefighters Local 3523 (Fire Union) is
committed to providing high quality service to the community and recognize the City’s
commitment to fiscal responsibility in alignment with the City’s Fiscal Health Response Plan;
and
WHEREAS, the Fire Union has agreed to a shared approach including modest salary
increases in exchange for employees paying more towards retirement costs; and,
WHEREAS, one-time funds are available in part due to out of county revenues generated
by Fire Union employees working to preserve the safety of local communities under threat of
fire, flood, or other natural disaster; and,
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire Union for the period of January 1, 2018 through December 31, 2020, attached hereto as
Exhibit “A” and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes as set forth in the Exhibit A.
SECTION 3. The City Manager and Human Resources Director are authorized to take any
and all necessary actions to implement this resolution.
SECTION 4. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Jimmy Witt, International Association of
Firefighters, Local 3523, and Monica Irons, Director of Human Resources.
SECTION 5. This Resolution becomes effective immediately upon approval.
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Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th 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 ______________, _________.
______________________________
Teresa Purrington
City Clerk
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Exhibit “A”
i PACKET PAGE 10
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Exhibit “A”
ii
Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 1
ARTICLE 2 - RECOGNITION .......................................................................................... 2
ARTICLE 3 - DUES DEDUCTION ................................................................................... 3
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 4
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 6
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 8
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES .......................................................... 9
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 10
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 11
ARTICLE 11 - SALARY ................................................................................................. 14
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 17
ARTICLE 13 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 18
ARTICLE 14 - BILINGUAL PAY .................................................................................... 19
ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 20
ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE .................................................... 21
ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 23
ARTICLE 18 - OVERTIME ............................................................................................ 24
ARTICLE 19 - EMERGENCY CALL BACK ................................................................... 28
ARTICLE 20 - WORK OUT OF GRADE ........................................................................ 29
ARTICLE 21 - STANDBY .............................................................................................. 30
ARTICLE 22 - EDUCATIONAL INCENTIVE ................................................................. 31
ARTICLE 23 - UNIFORM ALLOWANCE ....................................................................... 33
ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 35
ARTICLE 25 - INSURANCE .......................................................................................... 36
ARTICLE 26 - VACATION LEAVE ................................................................................ 40
ARTICLE 27 - LEAVE OF ABSENCE ........................................................................... 45
ARTICLE 28 - HOLIDAYS ............................................................................................. 46
ARTICLE 29 - BEREAVEMENT LEAVE ....................................................................... 48
ARTICLE 30 - SICK LEAVE .......................................................................................... 49
ARTICLE 31 - FAMILY LEAVE ..................................................................................... 51
ARTICLE 32 - WORKERS' COMPENSATION LEAVE ................................................. 53
ARTICLE 33 - MODIFIED WORK ASSIGNMENT ......................................................... 54
ARTICLE 34 - SAFETY ................................................................................................. 56
ARTICLE 35 - RETIREMENT ........................................................................................ 57
ARTICLE 36 - HOURS .................................................................................................. 61
ARTICLE 37 - HEALTH/FITNESS ................................................................................. 63
ARTICLE 38 - SALARY SURVEY CITIES ..................................................................... 64
ARTICLE 39 - LAYOFFS ............................................................................................... 65
ARTICLE 40 - WORK ACTIONS ................................................................................... 71
ARTICLE 41 - FIREFIGHTER RECRUITMENT ............................................................ 72
ARTICLE 42 - PROBATIONARY PERIOD .................................................................... 73
ARTICLE 43 - RESIDENCY REQUIREMENT ............................................................... 74
ARTICLE 44 - STAFFING ............................................................................................. 75
ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT .......................... 76
PACKET PAGE 11
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Exhibit “A”
iii
ARTICLE 46 - DISCIPLINARY PROCEDURE .............................................................. 82
ARTICLE 47 - FULL AGREEMENT............................................................................... 88
ARTICLE 48 - SAVINGS CLAUSE ................................................................................ 89
ARTICLE 49 - RENEGOTIATIONS ............................................................................... 90
ARTICLE 50 - AUTHORIZED AGENTS ........................................................................ 91
ARTICLE 51 - TERM OF AGREEMENT ....................................................................... 92
APPENDIX A - CLASSIFICATION ................................................................................ 93
APPENDIX B - WORK SCHEDULE ILLUSTRATION ................................................... 94
APPENDIX C - SALARY RANGES ............................................................................... 99
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Exhibit “A”
1
ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this October 18July 17, 20186 by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the International
Association of Firefighters, Local 3523, hereinafter referred to as Union or Local 3523.
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Exhibit “A”
2
ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989
Series), the City hereby recognizes the International Association of Firefighters, Local
3523, as the bargaining representative for purposes of representing regular and
probationary employees, occupying the position classifications set forth in Appendix A, in
the Fire Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of this Agreement.
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Exhibit “A”
3
ARTICLE 3 - DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a
monthly basis for the duration of this Agreement, which dues shall not include
assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Director or designee and a notification of all dues transactions shall be sent monthly to
the Union Treasurer.
The Union shall hold the City harmless from any and all claims and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon
presentation of supporting evidence.
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Exhibit “A”
4
ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employm ent relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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Exhibit “A”
5
ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the conte nt of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union
by Government Code Section 3500, et seq.
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Exhibit “A”
6
ARTICLE 6 - REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select
not more than three five (5) employee members of such organization and one employee
observer to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by an
authorized official of the organization) on subjects within the scope of representation
during regular duty or work hours without loss of compensation or other benefits. The
employee organization shall, whenever practicable, submit the name(s) of each employee
representative to the Municipal Employee Relations Officer at least two working days in
advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be released for
good reason, the date of meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 E xecutive
Board members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of
carryover time) of vacation time, holiday time, and compensatory time off
(CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time
bank shall not exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be
carried over to the next year. If no hours were used in the previous year
and the maximum hours remain in the time bank, no additional donations
by members shall be authorized in the upcoming year.
5. During the first full pay period in July each calendar year, Local 3523
President along with the Executive Board and the Accounting
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Exhibit “A”
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SupervisorSenior Accountant or designee shall determine the number of
hours remaining in the Union time bank. That number shall be subtracted
from the maximum number of time bank hours of 440 hours. The difference
between the actual number of hours and the 440 hours maxi mum will be
divided by the number of Local 3523 represented employees. Each 56 -
hour per week employee shall contribute an equal number of leave hours
and each 40-hour per week employee will donate 70% of the amount
donated by 56-hour per week employees to be debited by the City to
maintain 440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized
by the Executive Board and is subject to final approval per department
policies and procedures. Approval for suppression personnel must be
authorized in advance by a Battalion Chief and approval for non-
suppression personnel must be authorized in advance by the Fire Marshal
or designate.
8. Vacancies created by approved requests that affect constant staffing, may
be filled through mandated overtime.
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Exhibit “A”
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ARTICLE 7 - COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect
topics discussed, actions to be taken, the party responsible for any action and the
expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee),
department head (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the department head at a scheduled monthly meeting.
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Exhibit “A”
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ARTICLE 8 - PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing
and scoring processes that will be followed. Once defined, testing and scoring processes
will not be modified.
There will be no banding on promotional exams and, if a candidate is by-passed during
the selection process, that person will be given a written reason by the Fire Chief as to
why s/he was by-passed. The City agrees to an opener to discuss the promotional
process if the Fire Chief goes below the top three (3) candidates in making his selection
on promotional exams two (2) or more times during the term of this contract.
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Exhibit “A”
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ARTICLE 9 - UTILIZATION OF CITY FACILITIES
A. Local 3523 shall be allowed to use Fire Department facilities for official Union
activities. The Union will notify the Chief or his/her representative of any upcoming
meetings. The Union will follow any sign -up procedures for room availability the
Department has in place. Scheduling of the facilities usage would be conducted
so as not to conflict or interfere with normal operation of departmental business.
In lieu of any conflicts in availability or a denial by the Chief, it will be presumed
that the Union will have the OK of the Chief to use the facility. Activities would
include but would not be limited to: General Membership meetings, Board of
Directors meetings, Negotiation Team meetings, and various special committee
meetings.
B. Facilities would include, but would not be limited to: conference room, training
room, and second floor common areas.
C. Local 3523 understands that e-mail sent over the City network is public record.
With this acknowledgement, the City gives the Union the right to use the computers
and the e-mail system. This right may be revoked at any time or for any reason.
This revocation must be done in writing and must be delivered in person to a San
Luis Obispo Firefighters’ Board member.
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Exhibit “A”
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ARTICLE 10 - GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, any
memorandum of agreement with an employee association or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievance and be represented.
C. Each Grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen business days of receiving the written
grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the human resourc es director
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Exhibit “A”
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within five business days of receiving the department head's decision. The Human
Resources Director shall confer with the employee and the department head and
any other interested parties and shall conduct such other investigations as may be
advisable.
E. The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee within
fifteen business days of receiving the Human Resources Director's results and
findings. Such decision shall be final unless the employee desires a review of the
decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local
3523)
a. The employee will have five business days following receipt of the
City Manager’s decision to submit a written request to the Human
Resources Director for review of the decision. The Human
Resources Director will obtain a list of five potential hearing officers
from the State Mediation and Conciliation Service. Then following a
random determination of which party (city or appellant) begins,
parties shall alternately strike one name from the list until only one
remains.
b. Within 30 business days, the hearing officer shall review the record
and conduct a hearing on the matter. Within ten business days the
hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
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Exhibit “A”
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merits.
d. Any fees or expenses of the hearing officer shall be payable one-half
by the city and one-half by the Union. All other expenses shall be
borne by the party incurring the expense.
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Exhibit “A”
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ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution with the following modification: The Fire Chief shall be
authorized to reevaluate employees who reach the top step in their pay range. An
employee who is not performing up to standard for the top step shall be notified in writing
that the department head intends to reduce him/her one step unless his/her job
performance improves significantly within a 60-day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the pay reduction
shall then become effective. The top step may be reinstated at any time upon
recommendation of the department head. If the Fire Chief deems it necessary to again
remove the top step during the same fiscal year, he/she may make the change at any
time with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps
2 through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step
1 equals 90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5).
Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dolla r.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
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Exhibit “A”
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Step 1 = 95% of Step 2
Each across-the-board percent salary increase shall raise the top step of the range by
that percent. The highest step of each successive salary range shall be 2.63% above the
highest step of the next lower range. After all highest steps of salary ranges have been
established, each highest step shall be rounded off to the nearest dollar and the remaining
steps established in accordance with the above formula. Employees who are eligible for
advancement to the top two steps must receive at least a "competent" rating on their most
recent performance evaluation prior to or coincident with their being eligible for
advancement by time in grade. Competent is defined as "Performance meets standards
of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the
timing for progression being one-year for each step.
B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period following in the
dates month listed below:
• Council Adoption of Agreement 2%
• January 1, 2017 2%
• March 2018 1%
• July 2019 2%
• July 2020 2%
Compensation Study Market Equity Adjustments will be effective the first day of the first
full pay period following the dates listed below:
• July 1, 2016 3%
• July 1, 2017 2%
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Exhibit “A”
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The salary ranges for the term of this agreement are listed in Appendix DC.
C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing her/his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee s/he intends to "Y"
rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating
procedure shall not result (then or later) in the employee being frozen below the next
lower step of the new range.
D. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
E. Lump Sum Payments
The following lump sum, taxable payments are part of a comprehensive settlement with
the Fire Union and will be made to all members employed by the City on the effective
date of the payments that are to be effective the first full pay period following the dates
listed below:
• Council Adoption of Agreement $2,000
• December 1, 2019 $1,300
• December 1, 2020 $1,300
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Exhibit “A”
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ARTICLE 12 - PARAMEDIC INCENTIVE PAY
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter
base salary, prorated to a bi-weekly amount, to those Firefighters, Engineers, or Captains
assigned to EMT Paramedic duties by the Fire Chief. This pay incentive is effective the
first full pay period following paramedic certification and assignment.
Paramedics required to recertify shall be granted four (4) hours training time per month
for six (6) months prior to the recertification. Such hours shall be scheduled by the
Department during the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining
the starting salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of
their probationary period. After that point in their probationary peri od, they may be
allowed to do so, but only after a consultation with the Fire Chief or his/her designee, a
Union Officer, and the Paramedic Coordinator.
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ARTICLE 13 - STATION ONEI CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station OneI shall receive $57.69 bi-weekly pay
incentive, to compensate for the additional Station Onel workload. Mandatory
assignments to Station OneI for Captains shall not exceed two consecutive years.
Employees are eligible for this incentive the first full pay period following eligibility.
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Exhibit “A”
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ARTICLE 14 - BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish
through the testing process shall receive a bilingual payment of $35 per pay period.
Additional languages may be approved by the City based upon demonstrated need.
Employees are eligible for this incentive the first full pay period following qualification.
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ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
(Haz Mat) Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief
shall receive incentive pay equal to four percent (4%) of the top step Firefighter base
salary effective the first full pay period following assignment. The Department will support
a 6 person Haz Mat Team (2 per shift). Hazardous Materials Technicians will be expected
to certify as Hazardous Materials Specialists within 12 months of joining the team in order
to continue receiving the incentive pay.
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ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE
A. Effective the first full pay period following Council adoption,T the City shall pay four
percent (4%) pay incentive of base rate of pay to those Firefighters, Engineers, or
Captains who become qualified to serve and function at the next higher
classification above their current rank. Employees are eligible for this incentive the
first full pay period upon following qualification/certification through the testing and
task booking process as outlined in the Department Training Manual and General
Operations Manual sections 502.01, 502.02, and 502.03 (in progress). Also
contained in these references are the requirements for refresher training and skills
maintenance to remain qualified/certified to serve in these acting capacities.
Biennial (occurring every two years) recertification is required to maintain or
reinstate an Above Grade Skills Incentive. This program is administered by the
Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g.
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classi fication for
which they are receiving the incentive, will have their incentive removed and be
required to recertify in order to receive the incentive again. The decision to remove
the incentive is reserved to the Chief and subject to appeal to the Chief b y the
affected employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of
agreement by Council, will be considered eligible for this incentive. Recertificati on
will be required within twelve months of that date.
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Employees who were temporarily promoted to Engineer without completing the revised
2014 task book will receive the incentive for up to six (6) months from date of MOA
adoption to provide ample time for certification completion. In the event the certification
is not obtained within this timeline, the incentive will be removed.
F. Effective upon Council Adoption, Firefighters, Fire Engineers, and Fire Captains
that are receiving Above Grade Skills Incentive and who have been temporarily
promoted filling a long-term vacancy in accordance with General Order 201.05
(vacancies greater than 60 shifts) are eligible for an additional one percent (1%)
not to exceed five percent (5%) pay during the temporary promotion. This
additional 1% incentive is effective the first full pay period following the date of
assignment.
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ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE
Effective the first full pay period following Council adoption, Tthe City shall pay $75 bi-
weekly for three employees, at the rank of fFirefighter, Eengineer or Ccaptain, who are
members of the SLO County Urban Search and Rescue Team in good standing who
attend monthly Team drills and maintain currency in all technical skill areas. Employees
are eligible for this incentive the first full pay period following qualification. In addition,
these employees will act as trainer/subject matter expert for technical rescue disciplines
for recurring advanced technical rescue training within the Fire Department.
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ARTICLE 18 - OVERTIME
A. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty shall
receive overtime pay at time-and-one-half computed at their base salary for those
hours worked in excess of regularly scheduled shifts.
Pay incentives included in this calculation of MOA Overtime include:
• Above Grade Skills Incentive
• Bilingual Pay
• Education Incentive
• HazMat Incentive
• Holiday (quarterly cash out)
• Paramedic Incentive
• Station 1 Captain Incentive
A.• USAR Incentive
B. Battalion Chiefs shall be considered exempt and not eligible for overtime payment
or any return-to-work minimum payments, except as described below, in Article
19, or specifically authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief
to return to work. It does not include administrative meetings, etc. In general,
Battalion Chiefs are expected to work the hours necessary to successfully carry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
C. The City will complete an internal review as to whether Battalion Chiefs are exempt
or non-exempt under FLSA. This review will include any changes to the City’s
FLSA obligation as a result of the “Flores vs. City of San Gabriel” ruling regarding
“cash back” from the cafeteria contribution being added to the “regular rate of pay”
for purposes of calculating Federal overtime.Pursuant to Article 18.3 of the 2016-
17 MOA, the City conducted an internal review of whether the Battalion Chief
classification is exempt or non-exempt under Fair Labor Standards Act and an
analysis of FLSA overtime in light of the Flores v. City of San Gabriel decision. This
confirms the City’s determination that the Battalion Chiefs meet the legal
requirements for exemption from FLSA overtime and that the City’s implementation
of the dual calculation method, as described in the letter to Local 3523 dated
October 6, 2017, addresses the FLSA compliance requirements announced in the
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Flores decision.
D. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are
assigned to work (one hundred ninety-two (192) hours in a twenty-four (24) day
pay cycle. Employees in these classifications who work more than one hundred
eighty-two (182) hours during a pay cycle, shall be paid time and one -half (1 1/2)
for all hours worked in excess of one hundred eighty-two (182) hours worked in
the twenty-four day pay cycle. Paid time off shall be counted as time worked when
calculating this overtime pay.
E. All non-safety personnel shall receive overtime pay at time-and-one-half computed
at their base salary for all hours worked in excess of forty (40) hours per week
including holiday, sick leave and vacation unless they elect to receive
compensatory time off at time and one-half.
F. Pay incentives included for non-safety personnel in this calculation of MOA
Overtime include:
• Bilingual Pay
• Education Incentive
• Work out of Grade Pay
G. All overtime shall be authorized in writing by the Fire Chief prior to being
compensated.
H. All overtime shall be paid to the nearest quarter hour worked where no minimum
is authorized.
I. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
Third Option – Mandatory staffing that ensures adequate paramedic and
officer coverage
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Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
J. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire
Departments, Battalion Chiefs shall be afforded flexibility in managing their work
load and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Battalion Chiefs will earn 72 hours of administrative leave
the pay period that January 1st falls into and such leave may be taken at any time
during the year. Administrative leave hours shall be pro-rated on a monthly basis
(the rate of 6.0 hours per month) when a Battalion Chief is hired during the year.
Such leave may be taken at any time during the year, however, in cases where a
person is not actively employed in an exempt position with the City during the full
year such leave shall be prorated or if the yearly amount earned is changed during
the year the amounts shall be prorated. For purposes of computing monthly
amounts, the rate of 6.0 hours per month may be used. There shall be no
carryover of such leave from year to year or any payoff for unused leave except
that during the month of December employees may request up to 40 hours of
unused administrative leave to be paid in cash the pay period that January 1st falls
into at the last pay period provided that total administrative leave taken and paid
does not exceed 72 hours during the calendar year.
K. Battalion Chiefs – Shift Coverage.
Shift Fire Battalion Chief absences will be covered by an off-duty Fire Battalion
Chief, through the Call Back options listed below.
A Fire Battalion Chief working shift continuation or shift coverage in excess of 4
hours for another Fire Battalion Chief will receive a stipend at the rate of 1.275%
of base pay for each hour worked. Effective upon Council Adoption, the stipend
rate will increase from 1.275% to 1.5% of base pay for each hour worked. Fire
Battalion Chiefs continue to be overtime exempt and will perform all other
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additional work without additional compensation except as described above under
“Administrative Leave”.
L. Battalion Chiefs – Call Back
Shift coverage call back shall be as follows:
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as
Battalion Chief in situations that would otherwise require mandatory
overtime.
Fourth Option – Mandatory rank for rank.
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ARTICLE 19 - EMERGENCY CALL BACK
A. Firefighters, Engineers and Captains who are unexpectedly called back to work
after completing their shift and having left the worksite shall be paid a 4 -hour
minimum guarantee at time and one half.
B. Non-safety personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is
larger.
C. Employees who are called back as defined above shall receive the minimum
provided by this article or pay for the work performed, whichever is larger.
D. Battalion Chiefs who are unexpectedly called back to work after completing their
shift shall be paid the shift coverage stipend of (1.275%) for actual time worked
but do not receive a call back minimum.
Effective upon Council Adoption, Battalion Chiefs who are un expectedly called
back to work after completing their shift and having left the worksite shall be paid
a four-hour minimum at the shift coverage stipend rate of 1.5% for the four-hour
minimum or actual time worked, whichever is greater.
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ARTICLE 20 - WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive
one step additional pay but in no case more than the top step for the higher classification
under the following conditions:
1. The assignment exceeds eight (8) consecutive work days in which case the step
increase becomes effective on the ninth (9th) work day.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive
compensation on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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ARTICLE 21 - STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of
two (2) hours straight time pay for each assigned standby period.
B. Effective the first full pay period in January 2007 tThe Fire Vehicle Mechanic shall
receive thirty-five dollars ($35.00) for each week day and forty dollars ($40.00) for
each weekend day and holiday when assigned to standby. For return to work as
part of a standby assignment, the City will guarantee either two (2) hours of pay in
cash at straight time or pay at time and one half for time actually worked, whichever
is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is
supported by reserve units, or when any other need arises; as mutually agreed
upon by the Fire Chief or designee and Fire Vehicle Mechanic.
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ARTICLE 22 - EDUCATIONAL INCENTIVE
The City agrees to an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the
City of San Luis Obispo, but credit will be given for approved education obtained
prior to that time. The basic benefit will consist of $46.16 bi-weekly for possession
of an A.A., or equivalent degree from an accredited community or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four year
college or university. Total incentive pay shall in no case exceed $92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30
semester units leading toward the appropriate degree with a grade of "C" or better
must be included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department
head at least 30 days before the date the payment of the incentive pay is to be
effective. Approval of the department head and the Human Resources Director
shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence
of the City Manager, may suspend payment of the incentive pay until such time as
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the employee's work performance comes up to the standard level, in the opinion
of the department head and concurred in by the City Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which
is required for the position held by the employee. Educational incentives shall not
be paid for education received on City time. The education incentive shall be
removed if the employee is promoted to a position which does not entitle employee
to such incentive.
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 23 - UNIFORM ALLOWANCE
A. All members Positions designated by the Fire Chief that are required to wear an
approved uniform to promote the department’s public image shall be required to
wear an approved uniform to promote the department's public image , except for
the positions designated by the Fire Chief as only requiring occasional usage.
Such positions shall receive one-half of the regular allowance. Each employee
shall receive an annual allowance of $1,000 paid semi-annually to be spent on the
purchase and maintenance of department -approved uniforms. Said allowance
shall be paid directly to each eligible employee on the first full pay period of July
and of January. Positions designated by the Fire Chief as only requiring
occasional usage, such as the Fire Vehicle Mechanic, shall receive $500 paid
semi-annually to be spent on the purchase and maintenance of department -
approved uniforms. Said allowance shall be paid directly to each eligible employee
on the first full pay period of July and of January.
The Fire Chief or his/her designated representative shall conduct an inspection at
least once a year to ensure that each employee has the minimum number of
uniforms and that all uniforms meet department standards regarding safety and
appearance. Employees whose uniforms do not meet standards may be subject
to disciplinary action.
A.B. A uniform allowance cash advance of one (1) year will be given to new employees
for purchase of their uniforms. If the emplo yee severs employment with the City
or is terminated within one (1) year, the cash advance shall be deducted from the
employee's last paycheck.
B.C. Where the agreement refers to uniform standards, it shall mean the following: The
Fire Chief shall establish and maintain a set of standards for the maintenance, care
and wearing of employee uniforms. Such standards shall be on file in the Fire
Chief's office, in each fire station, and in the Human Resources Director's office.
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C.D. Employees will be responsible to purchase and maintain health/fitness clothes,
including appropriate athletic footwear. Appropriate health/fitness clothing will be
determined through agreement between the Union and the Department.
D.E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
E.F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
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ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE
TEffective January 2017, the Fire Vehicle Mechanic classification is eligible to receive a
tool allowance of $1,000 per year for tool replacement, tool purchase, and/or tool updates.
The allowance will be included in the employee’s first full pay period in January e ach
calendar year. Eligible employees hired after the annual tool allowance is provided, will
receive a prorated tool allowance, based on his/her start date.
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ARTICLE 25 - INSURANCE
A. Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than
the cost of the medical plan, the employee shall have the opportunity to pay the
difference between the health flex allowance and the premium cost on a pre -tax
basis through the City’s Cafeteria Plan. If the premium cost for medical coverage
is less than the health flex allowance, the employee shall not receive any unused
health flex in the form of cash or purchase additional benefits under the Cafeteria
Plan. Less than full-time employees shall receive a prorated share of the City’s
contribution. The current Effective the first pay period of the month following
adoption of this agreement the monthly health flex allowance shall be:
Employee Only $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to adoption of this agreementOctober 18, 2016 that elect
employee only medical coverage will receive the health flex allowance listed above
for employee only “grandfathered” coverage. If the premium cost for medical
coverage is less than the health flex allowance, the employee shall not receive any
unused health flex in the form of cash.
Effective in December 20187 (for the January 20198 premium), December 2019
(for the January 2020 premium), and December 2020 (for the January 2021
premium), the City’s total Cafeteria Plan contribution shall be modified by an
amount equal to one half of the average percentage changes for family coverage
in the PERS health plans available in San Luis Obispo County. For example: if
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three plans are available and the year-to-year changes were +10% + 15% + 20%
respectively, the City’s contribution would be increased by 7.5% (10% + 15% +
20% ÷ 3 = 15% x ½). The employee only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program . The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided for in the various bargaining agreements. In summary,
this cost and any increases will be borne by the employees.
C. Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum ess ential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependen ts
(tax family). The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to 10/18/2016adoption of this
agreement)
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The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other
minimum essential coverage. Employees receiving the conditional opt-out
amount will also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employees' Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement
that these funds be used exclusively for this purpose nor an y guarantee that they
will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Effective January 1, 2017 employee’s participation in the City's dental and vision
plans is optional. Employees who elect coverage shall pay the dental and/or eye
premium by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the
Union’s plan. All non-safety employees in this bargaining unit shall be covered
under the City’s Long Term Disability Insurance Program. Non-safety employees
shall pay the LTD premiums by payroll deduction on a pre-tax basis through the
City’s cafeteria plan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of
Thirty-Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be
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paid by the employee through the City’s Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City.
G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical
plans, including those offered by PERS.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms
of the Cafeteria plan and the use of health flex allowance and the conditional o ptut-
out incentive should there be future guidance mandates under the ACA, Cafeteria
Plan rules, or the City’s obligations under the ACA or other laws. Any action taken
in accordance with this reservation of rights will be subject to the meet and confer
process.
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ARTICLE 26 - VACATION LEAVE
A. Each incumbent of a 40-hour and 56-hour a week line-item position shall accrue
vacation leave with pay at the following rates: of 12 days per year of continuous
service since the benefit date for the first five years; 15 days per year upon
completion of five years; 18 days per year upon completion of ten years; and 20
days per year upon completion of twenty years. Employees scheduled for more
than 40 hours per week shall receive the equivalent number of vacation days
prorated to the number of regularly scheduled work hours (respectively, 134.4
hours per year for the first five years; 168 hours per year upon completion of five
years, 201.6 hours per year upon completion of ten years and 224.6 hours per
year upon completion of twenty years).
A.
40-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
56-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 7 days 168 hours
5 to 10 years 8 days 192 hours
10 to 15 years 9 days 216 hours
15 to 20 years 10 days 240 hours
20+ years 11 days 264 hours
*One day is equivalent to eight (8) hours for a 40 -hour per week line-item position
and 24 hours for a 56-hour per week line-item position.
B. An incumbent is not eligible to use accrued vacation leave until after the completion
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of the sixth calendar month of service since the benefit date.
C. An employee who leaves the City service shall receive payment for any unused
vacation leave.
D. Department Heads shall be responsible for arranging a vacation schedule, first
with the needs of the City as the determining f actor and, second, insofar as
possible, with the wishes of the employee.
E. All employees in this unit may accrue a maximum of vacation time not to exceed
twice their annual rate. There will be no accrual of vacation leave to non-shift
employees in excess of two times (2x) their annual accrual. Maximum accrual of
vacation leave for shift employees, with the exception of Battalion Chiefs, is twice
the annual rate except as noted in Section 7G, Paragraph E5 of this Article. It is
the responsibility of the Battalion Chiefs to manage vacation time below the
maximum accrual limit through the use of scheduled vacation time or vacation sell
back. Vacation Leave amounts for Battalion Chiefs over the two-time annual
accrual limit at the last pay period of the calendar year will be forfeited.
F. All employees in this unit are eligible , once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an employee’s
attendance practices are satisfactory. If an employee reaches the annual accrual
cap before December, the employee will be able to request vacation payment one
other time during the year, in addition to the December cash out. However, no
more than 150 hours of unused vacation leave will be paid out in an y calendar
year.
G. Vacation Use (Excluding Battalion ChiefsFirefighters, Fire Engineers, Fire
Captains):
1. Vacation shall be selected by seniority based on shift assignment for shift
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employees and by seniority for non-shift employees. The employee with the
most seniority shall select first, with the following choices made in descending
order of seniority.
2. First choice vacation shall be made during November/December each year.
The first choice shall be a minimum of four (4) shifts off within one (1) cycle.
3. Should an employee be in danger of losing vacation accrual due to reaching
the twice annual vacation cap, for reasons other than those found in Section 6
G (G7) and (H8), the Fire Chief will review the circumstances which have
prevented the employee from taking vacation and will determine whether or
not the employee should be allowed to accrue beyond the cap or should be
authorized to exercise his/her one-time annual opportunity for vacation payout
under Section F6 (K) of this article.
4. Should an employee be in danger of losing vacation accrual due t o reaching
the twice the annual vacation cap, the employee will be able to exercise his/her
one-time annual opportunity for vacation payout under Section F of this Article.
Particular consideration will be given to those circumstances where vacation
use is denied because use would generate the need for mandatory overtime .
5.3. Employees have the right to two (2) employees off on vacation per shift; except
on New Year’s Day only one employee shall have the right to be off on
vacation. On Christmas, Christmas Eve, and Thanksgiving holidays no
vacation will be granted that results in a mandatory of personnel. Additional
vacation slots may be available if personnel are available to fill the shift without
causing mandatory overtime.
6.4. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
7.5. Time off by Battalion Chiefs is not included in the determination of the number
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of employees on vacation per D Section G (4) above.
8.6. If an employee's first choice vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above twice the annual rate maximum. In thi s case, the
employee shall have the choice of using the vacation at another time or
receiving payment for the changed vacationwill have the ability to cash out
their vacation per Section F above.
9.7. If an employee must cancel vacation for good reason, as defined by
management, the employee will have the ability to cash out their vacation per
Section F above. the vacation above twice the annual rate shall be paid as
accrued.
10.8. Employees may cancel scheduled vacation for any reason with a minimum of
15 days advance written notice to the Fire Chief or his/her designated
representative. Maximum vacation accruals will not be waived for vacation
canceled pursuant to this section.
11.9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion Chief
on the shift affected will direct the appropriate Captain to make notification of the
dates available to the platoon. Selection of available dates will be hand led as a
second choice vacation pick, selection may consist of any or all days remaining
available. All selections made from the cancelled days will be recognized as
scheduled vacation. Filling the cancelled days will start with the next person below
on the seniority list (person below the person who is canceling). Filling the
cancelled days will continue until all the days have been filled or all the personnel
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on that shift have been able to review and select the remaining available vacation
shifts.
H. Vacation Use – (Battalion Chiefs)
1. Coordination of the Battalion Chief’s first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make
their written scheduled vacation requests during the November 1st to
December 30th period and will coordinate the availability of one Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief will consider
and approve the request.
2. Unscheduled vacations will be madke in writing to the Fire Chief and will
require the availability of one Chief Officer and relief personnel which may
include voluntary overtime. All unscheduled vacations must be approved
by the Fire Chief. (Mandatory overtime is not allowed for unscheduled
vacation.)
3. If an employees’ scheduled vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above the twice annual rate maximum . In this case, the
employee will be able to exercise the ability to cash out their vacation per
Section F above. his/her one-time annual opportunity for vacation payout
under Section F of this Article. shall have the choice of using the vacation
at another time orof requesting cash out per Section F above receiving
payment for the changed vacation.
4. If an employee must cancel vacation for good reason, as defined by
management, the vacation above the twice annual maximum shall be paid
as accrued.
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ARTICLE 27 - LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head
up to 40 hours per year for non-shift employees and 56 hours per year for shift employees.
When possible, such leave requests shall be in writing and approved in advance. All
other leave of absence requests shall be handled in accordance with Section 2.36.460 of
the Personnel Rules and Regulations.
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ARTICLE 28 - HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 6.07 hours145.6 hours of holiday
leave semi-monthlyannually, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of
their earned holiday leave (2.6 hours) each bi-weekly payroll period through final
pay date in December 2016.
C.B. The remainder of the employee's annual holiday leave (78 hours) The
holiday leave shall be advanced to the employee effective the payroll period that
January 1st falls withinfirst payroll period in January of each year. Effective the first
pay date in January 2017 the bi-weekly payment for holiday leave will be
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discontinued and employee’s annual holiday leave will increase from 78 hours to
145.6 hours. Such holiday leave may be taken off by the employee as provided in
the current departmental Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one -
fourth (1/4) of his/her advanced holiday leave. Any holiday leave remaining as of
December 31st the last payroll period in December of each year will be paid to the
employee at the straight time rate the payroll period that January 1st falls within.
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the
employee's final paycheck.
C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-
monthly basis and added to the vacation accrual. Use, carry-over, accumulation,
etc., of such vacation shall be subject to the same rules and procedures that cover
all accrued vacation.
Effective January 2019, the two floating holidays (16 hours) for non-shift
employees will be provided in a floating holiday leave bank the pay period that
January 1st falls within rather than being accrued on a semi-monthly basis.
Employees will have the ability to use floating holiday leave hours at any point
during the calendar year. Unused floating holiday leave will not be carried over
year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share of the floating holiday, the value of the overage will be
deducted from the employee's final paycheck.
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ARTICLE 29 - BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's immediate family, meaning spouse/domestic partner, child, brother, sister,
parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section shall
not exceed five (5) working days or the shift equivalent (56 hrs.) from each incident. The
employee may be required to submit proof of relative's death before being granted sick
leave pay. False information given concerning the death of relationship shall be cause
for discharge.
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ARTICLE 30 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. Each incumbent of a
line-item position shall accrue sick leave with pay at the rate of twelve days (96 hours) or
the shift equivalent (134.4 hours) per year of continuous service since the benefit date.
(See Appendix C attached). Upon retirement the employee may choose: 1) a payout of
the employee’s accumulated sick leave balance based on years of service according to
the following schedule, 2) to convert a portion or all of the employee’s sick leave balance
to service credit in accordance with CalPERS regulations, or, 3) a combination of these
two options.
Upon termination by death of the employee a percentage of the dollar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule: Upon termination of employment by death or retirement, a
percentage of the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated beneficiary or beneficiaries, according to the following
schedule:
1. Death - 50% Such payment shall be made within seventy-two hours of notice to
the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
b. After twenty years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
e. After 30 years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related disability retirement and actual commencement of PERS benefits (for
all employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff
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(75% of 1333.3 accrued hours.)
4. Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
accrued hours.) Any balance of sick leave that remains after payoff will be forfeited.
Sick leave cannot be used to postpone the effective date of an industrial disability
retirement.
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ARTICLE 31 - FAMILY LEAVE
A. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave
per calendar year if required to be away from the job to personally care for a
member of his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar
year or the shift equivalent (78.4 hours) if the family member is part of the
employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative as defined by Labor Code
Section 233 and/or Assembly Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical Leave within any 12-month period.
Family/Medical leave can be used for:
• A new child through birth adoption or foster care (maternal or paternal
leave).
• A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
• Placement of an employee's child for adoption or foster care.
• A serious health condition which makes the employee unable to perform the
functions of his or her position.
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This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available sick, vacation, compensatory time, holiday, and administrative leave and,
if appropriate, sick leave prior to receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. Only City group health insurance
premiums will be paid by the City.
If an employee does not return to work following Family/Medical Leave, the City
may collect the amount paid for health insurance by the City during the leave.
There are two exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on
Family/Medical Leave are available through the City's "Guide to
Family/Medical Leave Program".
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ARTICLE 32 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on -the-job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850, shall be paid the difference between his base salary and the amount
provided by workers' compensation law during the first 90 business days of such disability
absence.
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ARTICLE 33 - MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the
individual to sit at a desk, operate a computer, drive a vehicle, and engage in minimal
walking. The employee may receive work assignments in one or more of the
Department’s program areas: Administration, Training, Hazard Prevention, Technical
Services, Disaster Preparedness, Emergency Response, or Communications. The
schedule is typically 40 hours a week with the employee working under the supervision
of the Fire Chief, Deputy Fire Chief, or a Battalion Chief. Depending upon the employee’s
limitations, abilities, and the needs of the Department, s/he may be assigned to shift work.
There are two methods for placing a person on modified duty:
1. At the employee’s request during a recovery period (minimum of two weeks)
due to an off-duty injury or illness.
2. At the request of the City because of a Worker’s Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on
a 40-hour modified duty administrative work assignment. The Fire Chief , or designee,
would review the temporary modified work restrictions provided by the employee’s doctor.
The Department typically has a variety of tasks that a person might be assigned to work
on. In accordance with past practice, as long as a legitimate modified work assignment
is available (minimum of two weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave
is provided temporary modified work restrictions and the Fire Chief knows of a possible
modified work assignment. The Fire Chief, or designee, would notify the employee of the
modified work assignment available. Employees on Worker’s compensation certif ied by
a doctor for a modified work assignment may lose benefits if they refuse available
modified work assignment based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all
leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour
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work week. It should be noted that any leave taken during this light -duty period is taken
at the 40-hour work week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee
has completed his/her FLSA period (the FLSA period runs concurrent with the A shift’s
schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will
be reviewed with the employee prior to setting up the work schedule. Once the employee
has received a doctor’s release to return back to full-duty and it has been approved by
the Fire Chief, the employee will return to their appropriate shift on their next scheduled
work day, assuming this return schedule does not trigger overtime in excess of regular
FLSA overtime. If excess overtime would be triggered, the employee will return to work
on the earliest date that will not trigger excess overtime.
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ARTICLE 34 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined i n
Article 7.
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ARTICLE 35 - RETIREMENT
A. PERS Contracts
1. “Classic Members First Tier” sworn members hired before July 1, 2012
and non-sworn members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's
(PERS) Safety 3% at age 50 plan to all sworn personnel and the 2 .7% at
age 55 plan to all non-sworn personnel . The 3% at age 50 plan includes
the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, one-year final compensation, Military Service Credit, and
Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
includes the following amendments: 1959 survivor's Benefit, conversion of
unused sick leave to additional retirement credit, one- year final
compensation, Military Service Credit and Pre-Retirement Optional
Settlement 2 Death Benefit.
2. B. “Classic Members Second Tier” sworn members hired on or after
July 1, 2012 and non-sworn members hired on or after December 6, 2012.
The City agrees to provide the PERS Safety 3% at age 55 plan to all sworn
personnel and the 2% at age 60 plan to non -sworn personnel using the
highest three year average as final compensation. The 3% at age 55 plan
includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit, Military Service Credit, and Pre-Retirement Optional
Settlement 2 Death Benefit. The 2% at age 60 plan includes the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to
additional retirement credit, Military Service Credit, and Pre-Retirement
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Optional Settlement 2 Death Benefit.
3. “New Members Third Tier” sworn and non-sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 2% at age 57 retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using
the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first full pay period in July 2013, employees began paying the
City discontinued paying the full member contribution required under the
plan for first and second tier sworn (9%) and non-sworn (8% and 7%
respectively) personnel and the City discontinued theirits payment of the
member contribution. For purposes of this Article, employee contributions
are based on salary and special compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn an d non-sworn
personnel shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July
2020, all sworn and non-sworn personnel’s additional contribution shall
increase to 3%, in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
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2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal
cost, as determined by PERS.
Effective the first full pay period in July 2019, all sworn and non -sworn new
members shall contribute 1.5% in addition to the employee paying 50% of
the normal cost of the member contribution. Effective the first full pay period
in July 2020, all sworn and non-sworn employees’ contribution shall
increase to 3%, in addition to the employee paying 50% of the normal cost
of the member contribution. These additional contributions are in
accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions ineffective July 2019 and 2020 (1.5% and 3% respectively) be
considered contributions to the employees account. PERS currently requires a
secret ballot election among the employees affected to change the employees’
rate of contribution. The contract cannot be amended if a majority of the affected
members vote to disapprove the proposed plan. In the event a secret ballot is
required by State Law and the Fire membership does not vote to approve the
contract amendment, the additional contributions will still be required in
accordance to the provisions of §20516(f). In this case the additional contributions
would not be credited to the employee’s PERS account as a normal contribution.
PERS determines who is a “classic member” within the meaning of the California
Public Employees’ Pension Reform Act (PEPRA). The City agrees to provide the
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PERS Safety 3% @ 55 plan to all sworn personnel and the 2% at age 60 plan to
non-sworn personnel using the highest three year average as final compensation.
The second tier sworn personnel formula will include the following amendments:
Post Retirement Survivor Allowance, conversion of unused sick leave to additional
retirement credit, the 1959 Survivor’s Benefit, Military Service Credit, and Pre -
Retirement Optional Settlement 2 Death Benefit. The second tier non -sworn
personnel formula will include the following amendments: 1959 survivor’s Benefit,
conversion of unused sick leave to additional retire credit, and Pre-Retirement
Optional Settlement 2 Death Benefit. Employees hired under this plan will pay the
full member contribution required under the plan, presently nine percent (9%) for
sworn personnel and seven percent (7%) for non-sworn personnel. The employee
pays to PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre-tax basis.
D. “New Members Third Tier”
For employees who PERS determines are “new members” within the meaning of
the California Public Employees’ Pension Reform Act (PEPRA), the City will
provide the PERS 2% at age 57 retirement plan for sworn personnel and 2% at
age 62 retirement plan for non-sworn personnel, using the highest three year
average as final compensation.
Effective on their date of hire, new members will pay 50% of the total normal cost
of the member contribution, as determined by PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
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ARTICLE 36 - HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which,
over a period of one year, shall average approximately fifty-six (56) hours per
week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days’ notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at
0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the
following 8 a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work
day will be divided as follows:
08:00 – 12:00 Captain’s Priority
12:00 – 13:00 Lunch
13:00 – 17:00 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude
for necessary classes, rewards and individual’s priorities. Included in Captain’s
Priority is vehicle and station maintenance, fitness training and Captain’s projects
8-12 daily. Holidays and weekends are also Captain’s Priority times. In the event
a Chief’s priority needs to be scheduled during Captain’s priority time, every effort
will be taken to provide an equal amount of Captain’s priority time on that shift or
the earliest available shift.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
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covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more
than 72 consecutive hours must contact the Battalion Chief for confirmation that
reasonable rest has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize
employees covered by this Agreement to exchange vacation leave with other
department employees of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to relieve another department employee of equal rank
or qualifications for the position prior to the end of the scheduled shift.
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ARTICLE 37 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non -smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
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ARTICLE 38 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
• Davis
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
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ARTICLE 39 - LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible
for the implementation of a layoff order of the City Council in accordance with the
procedures outlined below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be
as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to
be determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by
seniority and job performance. Seniority is established by time in service
within the Union. That is, the last employee hired into the bargaining unit
shall be the first employee laid-off. Job performance categories shall be
defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the lowest two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and expectations,
or is outstanding.
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Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the top two to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least
seniority in the Union and who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different categories as
defined above, the third most recent evaluation overall rating shall be used
to determine which performance category the City shall use in determining
order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval
of the department heads, if there is a vacancy and the employee meets the
minimum job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid -off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse
order of layoff, depending upon City requirements.
2. Names of employees laid-off shall be placed on a re-employment list for a
period of two years. They will be offered re-employment only once before
being removed from the list for the job they held before being laid-off. Re-
employment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and
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the human resources Director and in agreement with the employee, appoint
an employee who is to be laid-off to a vacancy in a vacant class for which
he or she is qualified. He/she will still remain on the re-employment list for
the job from which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may
bump back in their career series to a position they formerly held, if there is
an employee in the lower classification with less seniority than the employee
who wants to bump back. Seniority for the purpose of this section shall
mean time in service, as a regular employee, within the Union. For
example, an employee attempting to bump back to Engineer from Captain
would utilize his/her combined time within the Union, firefighter, engin eer or
captain, in determining whether or not he/she had more seniority than an
individual in the Engineer classification. The intent is to have the last person
hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within 20 calendar days from the date of
the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total seniority or by the acceptance of a
vacant position in the class with the same or lower salary.
4. Employees who are reassigned (bump back) are to be placed on an open
re-employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially
change the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant
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to F, below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the
layoff. The notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names from Re-employment Lists
1. The human resources Director may remove an employee’s name from a re -
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
c. The individual refuses one re-employment offer at his/her previous
job. Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these
procedures shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
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scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed he/she shall be entitled to:
1) Retain his/her seniority date.
2) Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
3) Have any unused sick leave reinstated.
4) The same retirement package prior to layoff, assuming that
the employee has not withdrawn his/her PERS funds. If an
employee has withdrawn funds, he/she will be reinstated to
the retirement package which is currently in effect for all newly
hired employees unless the employee notifies PERS within 90
days that he/she wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall
be assigned to the same salary range and step he/she held at the time of
the layoff. An individual reemployed into a job classification other than the
classification from which he/she was laid off shall be assigned to the salary
range of the new classification at the amount closest to the salary he/she
earned at the time of the layoff.
3. When an individual has been reemployed after a layoff by bumping back to
a lower job classification prior to being laid -off, he/she will be placed on a
re-employment list for the higher job classification held prior to bumping
back.
4. A probationary employee who is reemployed shall be responsible for
completing his/her probationary time commitment. Similarly, an individual
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who is reemployed shall complete, upon return to the job, the same work
time he/she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 40 - WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed
to pose an imminent threat to public health or safety and is unlawful, furthermore, it shall
terminate the employment relation. Provided however that nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his employment.
1. Employee organizations shall not hinder, delay, interfere with, nor coerce
employees of the City to hinder, delay, or interfere with, the peaceful performance
of City services by strike, concerted work stoppage, cessation of work, slow-down,
sit-down, stay-away, or unlawful picketing.
2. In the event that there occurs any strike, concerted work stoppage, or any other
form of interference with or limitation of the peaceful performance of City services
prohibited by this Article, the City, in addition to any other lawful remedies or
disciplinary actions, may, by action of the Municipal Employee Relations Off icer
cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the
use of City facilities, and withdraw recognition of the employee organization or
organizations participating in such actions.
3. Employee members of any employee organization shall not be locked out or
prevented by management officials from performing their assigned duties when
such employees are willing to perform such duties in the customary manner and
at a reasonable level of efficiency.
Any decision made under the provisions of this Section may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete
statement setting forth all of the facts upon which the appeal is based. Such Notice of
Appeal must be filed within ten (10) working days after the affected employee organization
first received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 41 - FIREFIGHTER RECRUITMENT
A. The Chief, in consultation with the President of the Local 3523, will determine the
type of Firefighter recruitment to be conducted (e.g. entry level, lateral, paramedic,
etc.) based on the operational needs of the department. A current eligibility list
will be maintained and firefighters will go through the approved department
academy, as set forth in General Operations 501.03.
B. Firefighter Apprentices will be allowed to apply for entry-level firefighter positions
outside the limitation on the number of applications to be accepted. For a given
recruitment, if the number of applications received by the City for entry-level
firefighter positions is to be limited, the limit will not be less than 100.
C. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
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ARTICLE 42 - PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
months upon the written recommendation of the Fire Chief and the written approval of the
Human Resources Director.
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ARTICLE 43 - RESIDENCY REQUIREMENT
Departmental General Operations 206.04 shall be modified as follows:
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
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ARTICLE 44 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is 3 Battalion Chiefs, 12 Fire Captains, 15 Fire Engineers, 12
Firefighters, 1 Fire Vehicle Mechanic, 3 Fire Inspectors, 1 Hazardous Materials
Coordinator. A minimum of 24 Paramedics within the ranks of Captain, Firefighter,
and Engineer is authorized. One Paramedic Captain (included as one of the 24
Paramedics) will be assigned per shift. If it becomes necessary for the City to
exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts
of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters
on-duty every day including the Battalion Chief. Nothing in this section precludes
the Fire Chief from hiring additional full-time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain the fourteen
(14) per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the
Fire Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining
unit integrity. The City recognizes its obligations to meet and confer on any future
impacts of the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as
Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.
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ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of BC,
Captain, Engineer, and Firefighter to determine “bid staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
his/her rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid fo r a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy
and upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
1. Bid selection will be based on seniority in rank using the department’s
master seniority list.
2. Probationary firefighters will not be included in the bid process until the
completion of probation.
3. Each member will only be allowed to accept one bid per 180-day period
(once every six months).
4. After a bid has been closed, any remaining vacancies shall not be filled f or
30 days.
5. Bid assignments requiring movement from one shift to another will begin
the first day of the first full F.L.S.A. period following selection .
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6. An employee’s voluntary request to move from one shift to another to fill a
vacant bid spot may be granted with less than 15 days’ notice of the start of
the FLSA period.
D. Process
1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity
for the second and third bid selection during each term as president or vice
president. Once that bid has been used, future bids during the remaining
term will be based on seniority in rank.
3. The remainder of the bid selection will follow department seniority with the
most senior member selecting first. The order of selection shall be by rank
in the following order: Captains, Engineers, and then Firefighters
4. Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will
go out to bid selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation for
a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall meet
and evaluate the request for approval or denial. If the request for the mutual is
accepted those employees involved will have used their one bid for the year. If the
request for mutual exchange is denied, the applicants can utilize the IRC for review
of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
the following additional requirements:
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1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12-month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12-month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not enough
Paramedics within the Firefighter/Engineer rank. Each shift will have one of the
three Paramedic Coordinators. Paramedic Coordinators will be a minimum 2-year
commitment and only vacated voluntarily or as determined by the Fire Chief. The
Captain taking the position of Paramedic Coordinator would not be the primary
paramedic on their selected crew except for extenuating circumstances (e.g. a
shortage of paramedics). Each shift will have paramedics evenly distributed
depending on the size of the paramedic pool (example: pool of 24, 8 medics per
shift). No bid staffed crews shall have three bid-assigned paramedics if any other
crew does not already have two bid -assigned paramedics. Seniority will be used
to determine which personnel are moved to and from crews with paramedic staffing
insufficiencies.
Hazardous Materials Team Members will be eve nly distributed to ensure at least
one Hazardous Materials Team Member is assigned to each shift. Seniority will be
used to determine which personnel are moved to and from shifts with Hazardous
Material Team Member staffing insufficiencies.
All corrections to completed bids will take place with the Battalion Chief and a shop
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steward to make sure that paramedics, paramedic coordinators, and hazardous
materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain
consistent with existing policies. Vacancies created by promotion or retirements
are to be filled by the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that
placing employees at stations of their preference is typically beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the following
goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied
by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of
six months. At the end of this six-month period, the effected personnel shall return
to their station of choice, unless otherwise articulated in writing citing reasons for
moves for more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated
during the months of November and December.
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When movement of personnel is initiated by the Department and is not due to any
fault of the individual(s), the Department will honor all approved time off requests
based on prior commitments by the moved employee .
G. Issue Resolution Committee
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at the
lowest possible level with structured collaboration.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from the
employee’s bargaining unit. A fifth member will be chosen by the above four
members. The Fire Chief or the labor President can substitute the members from
management and labor, respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. Ideally, the IRC will
convene within five business days of receipt of an issue of concern or a question
of process. Issues will be decided based on the information presented to the
committee. Issues or questions will be considered resolved by a vote of 4 out of 5
committee members.
The IRC will review the overall program as it relates to program and department
goals annually or as needed. When appropriate based on the subject matter,
unresolved issues will be addressed at the next contract negotiations.
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The IRC will attempt to resolve issues of a personnel nature, i.e. station placement,
or an interpretation of the process, as they come up. If the committee cannot
resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will
be compensated (at straight time), hour for hour.
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ARTICLE 46 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Association
agree that occasions will occur when an employee’s performance and/or behavior
must be reviewed in order to ensure that the mission of the department is not
adversely impacted. The authority for disciplinary action is outlined in the City of
San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The Personnel
Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. Investigations
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers
to maintain discipline and carry out the directive of the department. Any incident or
behavior which does not conform to City and Fire Department policies/procedures
shall be disciplined in the most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline,
he/she must first determine whether an investigation is necessary. Prior to
conducting an investigation of an incident, the Fire Chief or a
Chief/Company Officer should consult with the Human Resources Director,
as appropriate. The investigation shall be conducted in a fair, objective and
impartial manner under the rules set forth in the “Weingarten Rule”.
2. When any employee is under investigation and subjected to questioning by
his or her commanding officer or any other member of the department that
could lead to punitive action, the questioning shall be conducted under the
following conditions. For the purpose of this chapter, punitive action means
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any action that may lead to dismissal, demotion, suspension, reduction in
salary, permanent written reprimand, or transfer within the Department for
purposes of punishment. Transfer within the Department for the good of the
Department or a notice to correct are excluded from th e definition of
punitive.
Section B shall not apply to any questioning of an employee in the normal
course of duty, counseling, instruction, or informal verbal admonishment by,
notice to correct, or other routine or unplanned contact with, a supervisor or
any other employee, nor shall this section apply to an investigation
concerned solely and directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably
at a time when the employee is on duty or during the normal waking
hours for the employee, unless the seriousness of the investigation
requires otherwise. IfF the questioning does occur during off -duty
time of the employee being interrogated, the employee shall be
compensated for any off -duty time in accordance with regular
department procedures.
b. An employee under investigation has the right to request the rank,
name, and command of the officer in charge of the questioning, the
questioning officer, and all other persons to be present during the
questioning. All questions directed to the employee under
questioning shall be asked by and through no more than two
investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue bei ng
investigated. The person under questioning shall be allowed to
attend to his or her own personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that
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an employee refusing to respond to questions or submit to
questionings shall be informed that failure to answer questions
directly related to the investigation or questioning may result in
termination. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or
news media without his or her express consent nor shall his or her
home address or photograph be given to the press or news media
without his or her express consent.
e. The complete questioning of an employee under investigation may
be recorded. If the City records the questioning, the employees shall
be provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording
device and record the questioning. If the employee exercises this
right, the City shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to cooperate in
an investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative
present during questioning which may reasonably lead to punitive
disciplinary action. A reasonable time to obtain the representative
shall be given to the employee. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, nor be subject to any punitive action for
refusing to disclose, any information received from the employee
under investigation.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against his or her will. No disciplinary
action or other recrimination shall be taken against an employee
refusing to submit to a lie detector rest, nor shall any comment be
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entered anywhere in the investigator’s notes or anywhere e lse that
the employee refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial, or proceeding, judicial or administrative, to the effect
that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer,
or any other similar device, whether mechanical or electrical, that is
used, or the results of which are used, for the purpose of rendering
a diagnostic opinion regarding the honesty or dishonesty of an
individual.
i. No employee shall have his/her assigned locker searched except 1)
in his/her presence, or 2) with his/her consent, or 3) where he/she
has been notified that a search will be conducted and has failed to
respond within a reasonable timeframe, or notwithstanding the
above, 4) when a valid search warrant has been obtained.
C. Post Investigation/Pre-Discipline Procedure
1. Upon the conclusion of an investigation, those conducting the investigation
shall forward the complete investigation to the Fire Chief who in consultation
with the Human Resource Director or designee shall determine the level of
discipline that is most appropriate. The f ollowing constitutes the levels of
progressive discipline:
Non-Punitive Corrective Action
a) Oral counseling;
b) Oral reprimand with written documentation;
c) Notice to Correct – 1 year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
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Punitive Discipline
e) Official Reprimand – permanent;
f) Suspension/Reduction in compensation;
g) Transfer (within the Department) for purposes of punishment;
h) Demotion;
i) Termination.
Note: Deviations from progressive discipline may occur whene ver the
circumstances warrant that one or more steps in the progressive disciplinary
process be skipped. For example, suspension or termination may occur as
the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel
Rules and Regulations
3. Corrective action is final.
D. Post-Discipline Appeal Rights
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to
provide that appeals of disciplinary suspensions of two days or less shall have at
the employee’s request the right of appeal to either the City Manager or to the
Personnel Board, provided the appeal to the Personnel Board is supported in
advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section
2.36.340 B. Appeals to the Personnel Board will be heard in accordance with
Personnel Rules and Regulations Section 2.36.350 – Disciplinary action –
Hearings.
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Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the City Manager or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. Personnel File
The employee must be given the opportunity to review and sign any document
adverse to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee,
during usual business hours and with 24-hour notice, with no loss of compensation
to the employee, permit that employee to inspect their personnel files that are used
to have been used to determine that employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that
any portion of the material is inappropriately or mistakenly placed in the file, the
employee may request, in writing to the Human Resource Director, that the
inaccurate or inappropriate portion be corrected or deleted. Any request made
pursuant to this subdivision shall include a statement by the employee describing
the corrections or deletions from the personnel file requested and the reasons
supporting those corrections or deletions. At the employee’s request, the Human
Resources Director shall hold an informal hearing to determine the final disposition
of any documents in dispute pursuant to this section. At the hearing, the employee
and City appointing authority may present evidence and argument in support of
their respective positions. The Human Resource Director’s decision as to the
disposition of the request is final with no further administrative appeal.
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ARTICLE 47 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter wit hin the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportunity to meet and confer on the
impact of its decision(s). If a conflict arises between the MOA and General Operations or
any other policy and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service
function, it will give notice to the Union and meet and confer on any aspects of the
proposal which fall within the scope of representation.
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ARTICLE 48 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within thirty (30) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
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ARTICLE 49 - RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes
to this agreement, that party shall serve upon the other its written request to negotiate as
well as its initial proposals for an amended Agreement. Such notice and proposals must
be submitted to the other party by September 1, 202017. If notice is properly and timely
given, negotiations shall commence no later than October 1, 202017.
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ARTICLE 50 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (email:
president3523@gmail.com, mailing address: 2160 Santa Barbara Avenue, San
Luis Obispo, California 93401; telephone: (805) 550-01915020).
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (mailing address: 990 Palm Street, San
Luis Obispo, California 93401; telephone: (805) 781 -7250).
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ARTICLE 51 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 20186 and continue in full force
and effect until expiration at midnight, December 31, 202017.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
2. This Agreement does not apply to Temporary Supplemental Employees or Part-
time employees. This Agreement was effective executed October 18, 2016June
19July 17, 2018, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_________________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Dale Strobridge, Labor Consultant
_________________________________ ________________________________
Monica Irons, Human Resources Director Jimmy Witt, Local 3523 Representative
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APPENDIX A - CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
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APPENDIX B - WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal
Labor Standards Act (FLSA) to this work schedule. For purposes of illustration only, the
shift schedule pattern for employees working a fifty-six (56) hour work week consists of
eight (8) twenty-four (24) hour on-duty periods within a twenty-four (24) day cycle which
is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
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APPENDIX C - EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off-the-job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member
of the "employee's immediate family," meaning spouse, registered domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, or any other relative living in the same household,
provided such leave as defined in this subsection shall not exceed five
working days (40 hours for non-shift personnel, 56 hours for shift personnel)
from each incident. The employee may be required to submit proof of
relative's death before being granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a
provision for "family leave" may use sick leave not to exceed three days (24
hours for non-shift personnel, 33.6 hours for shift personnel) per year if
required to be away from his/her job to personally care for a member of the
employee's immediate family as defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line-item position shall accrue sick leave with pay at
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the rate of twelve days (96 hours) or the shift equivalent (134.4 hours) per
year of continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of
sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five consecutive working days by personnel in his/her department. Su ch
proof may be required for periods of less than five consecutive working days
where there exists indication of abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify his/her immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee
who fails to comply with this provision without having a valid reason will be
placed on leave of absence without pay during the unexcused absence and
be subject to disciplinary action in accordance with procedures established
by this chapter.
7. Any employee absent for an extended illness or other physical disability
may be required by the Human Resources director to have an examination
by the city's medical examiner at city expense prior to reinstatement to the
city service.
8. An appointing authority, subject to approval of the Human Resources
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director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which impairs his/her job effectiveness or may endanger the
health, safety or welfare of the employee, other employees or the public.
Employees who are judged to be physica lly incapable of meeting normal
requirements of their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be separated for
physical disability.
9. In the event that an employee's sick leave benefits become exhausted due
to illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of
Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give
any employee the right to be retained in the services of the city, or any right
of claim to sickness disability benefits after separation from the service o f
the city. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount paid by the city shall be
the difference between the amount received by the employee from the city's
compensation insurance coverage and the eligible employee's regular rate
of pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the city while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the city for monetary
gain or other compensation, or by reason of engaging in business or activity
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for monetary or other compensation other than business or activity
connected with his/her city employment.
12. A public safety employee shall not receive sick leave payments while
receiving Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
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APPENDIX CD - SALARY RANGES
Salary Range Listing - January 1, 2018 - December 31, 2020
Date: March 2018
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 111,722$ 117,598$ 123,786$ 130,312$ 137,176$ 144,404$
FIRE CAPTAIN 87,178$ 91,754$ 96,590$ 101,660$ 107,016$
FIRE ENGINEER 74,594$ 78,520$ 82,654$ 86,996$ 91,572$
FIRE FIGHTER 61,984$ 68,874$ 72,488$ 76,310$ 80,314$ 84,552$
FIRE INSPECTOR I 62,660$ 65,962$ 69,420$ 73,086$ 76,934$
FIRE INSPECTOR II 69,524$ 73,190$ 77,038$ 81,094$ 85,358$
FIRE INSPECTOR III 75,140$ 79,092$ 83,252$ 87,646$ 92,248$
FIRE VEHICLE MECHANIC 76,440$ 80,470$ 84,708$ 89,154$ 93,834$
HAZARDOUS MATERIALS COORD 89,856$ 94,588$ 99,554$ 104,806$ 110,318$
Date: July 2019
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 113,958$ 119,964$ 126,282$ 132,938$ 139,932$ 147,290$
FIRE CAPTAIN 88,920$ 93,600$ 98,514$ 103,688$ 109,148$
FIRE ENGINEER 76,050$ 80,054$ 84,266$ 88,712$ 93,392$
FIRE FIGHTER 63,206$ 70,226$ 73,918$ 77,818$ 81,926$ 86,242$
FIRE INSPECTOR I 63,934$ 67,288$ 70,824$ 74,542$ 78,468$
FIRE INSPECTOR II 70,928$ 74,672$ 78,598$ 82,732$ 87,074$
FIRE INSPECTOR III 76,648$ 80,678$ 84,916$ 89,388$ 94,094$
FIRE VEHICLE MECHANIC 77,948$ 82,056$ 86,372$ 90,922$ 95,706$
HAZARDOUS MATERIALS COORD 91,650$ 96,486$ 101,556$ 106,912$ 112,528$
Date: July 2020
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 116,246$ 122,356$ 128,804$ 135,590$ 142,714$ 150,228$
FIRE CAPTAIN 90,688$ 95,472$ 100,490$ 105,768$ 111,332$
FIRE ENGINEER 77,610$ 81,692$ 85,982$ 90,506$ 95,264$
FIRE FIGHTER 64,480$ 71,630$ 75,400$ 79,378$ 83,564$ 87,958$
FIRE INSPECTOR I 65,182$ 68,614$ 72,228$ 76,024$ 80,028$
FIRE INSPECTOR II 72,358$ 76,154$ 80,158$ 84,370$ 88,816$
FIRE INSPECTOR III 78,156$ 82,264$ 86,606$ 91,156$ 95,966$
FIRE VEHICLE MECHANIC 79,534$ 83,720$ 88,114$ 92,742$ 97,630$
HAZARDOUS MATERIALS COORD 93,496$ 98,410$ 103,584$ 109,044$ 114,790$
Summary of Changes: 1% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
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Labor Relations Objectives
Adopted by Council September 23, 2014
Revised by Council March 20, 2018
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues. (Theme –
Fiscal Responsibility)
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability
trend and other actions consistent with State law. (Theme – Cost
Containment/Reduction)
3. Continue to effectively manage escalating health benefit costs through balanced
cost sharing and other means while maintaining comprehensive health care
coverage for all eligible employees. (Theme – Cost Containment)
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy, including relevant local, statewide or national labor
markets. (Theme – Recruitment and Retention)
5. Employee labor agreements will be negotiated in good faith, in a timely manner
that avoids retroactivity provisions unless there is a compelling need. (Theme –
Cost Containment)
6. Contract provisions shall take into consideration the City’s ability to effectively
and efficiently implement and administer them using the City’s financial and
human resources systems to ensure accuracy and compliance with federal,
state, and local laws. (Theme – Best Practices and Compliance)
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Meeting Date: 7/17/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Nickole Sutter, Human Resources Analyst II
SUBJECT: ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED
MANAGEMENT EMPLOYEES INCLUDING APPOINTED OFFICIALS
EVALUATIONS
RECOMMENDATION
1. Adopt a resolution with a three-year term (July 1, 2018 through June 30, 2021) adjusting the
compensation of the Unrepresented Management Employees (Attachments A & B).
2. Adopt two resolutions approving amendments to the City Attorney and City Manager’s
contracts (Attachments C - F).
DISCUSSION
Background
The unrepresented management group includes 89 employees: two appointed officials (City
Manager and City Attorney), nine department heads, and 78 other management employees.
These are professional-level employees, exempt from the overtime provisions of the Federal
Labor Standards Act (FLSA), including first-line supervisors, program managers, senior planners
and engineers, analysts, and other professionals. The compensation and benefits of unrepresented
management employees are set by resolution adopted by Council and the current resolution
expired on June 30, 2018. At the expiration of a resolution, the terms and conditions remain the
same until a subsequent resolution is adopted.
Because the two appointed officials serve at the will of the Council, employment contracts are
established that incorporate the Management Resolution. Each year, the performance of the
appointed officials is evaluated, and Council considers changes to their compensation. The
process is facilitated by a consultant who collects input on the appointed officials’ performance
in the areas of Council-City Manager or Council-City Attorney relationship, legal advocacy
(City Attorney only), leadership, community relations, financial management (City Manager
only), and progress to major goals. Council also reviews and approves goals for each appointed
official during this annual process.
Council met with the consultant in closed session on March 21, 2018 to discuss the appointed
officials’ performance and compensation. Council concluded the appointed officials had met or
exceeded performance expectations and accomplished the 2017-18 goals provided by Council.
Both appointed officials remain sensitive to the fiscal health of the organization and anticipated
discussions with the management group to meet the financial objective of the Fiscal Health
Response Plan (FHRP). Therefore, no compensation or benefit changes were proposed with the
performance evaluation other than aligning the City Manager’s ability to cash out vacation at the
end of the fiscal year with that of the City Attorney. The City Attorney’s contract includes the
PACKET PAGE 113
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ability to cash out up to three weeks of vacation. Considering the City Manager and City
Attorney’s level in the organization, demands placed on them, and commitment to City priorities,
it is reasonable to allow the requested vacation cash out for the City Manager that aligns with
that of the City Attorney.
Framing the Recommendation for a Successor Management Resolution
Management employees are unrepresented, which means there are no formal negotiations, as
there are for other regular employees. The group met twice in May to form a recommendation
consistent with Council’s adopted Labor Relations Objectives (LROs) (Attachment G) and the
Fiscal Health Response Plan (FHRP). The FHRP, adopted by Council April 17, 2018, outlines
actions during the next three fiscal years (2018-19 through 2020-21) aimed at closing an
approximate $8.9 million budget gap due to CalPERS discount rate reduction, resulting in
increasing retirement costs to agencies. The FHRP anticipates employee concessions (anticipated
growth of employee wages and benefits at a rate less than inflation) equaling $1.9 million by
fiscal year 2020-21. The City’s focus and primary interests included achieving a three-year
agreement that provides certainty around compensation costs during the FHRP term, increases
employee contributions to retirement costs, and maintains competitive wages and benefits to
support recruitment and retention objectives.
The agreement includes modest cost of living increases (COLAs), which are partially offset
through increased retirement cost-sharing. This group last received a 2% COLA in January 2016
and a one-time lump-sum payment of $2,000 in April 2017 in lieu of a 2% COLA that other
represented employee groups received. These disparities in the sequence and amount of cost of
living increases can cause compaction between unrepresented management and represented
employees. A high-level review of this indicated a potential compaction issue between the
Police Chief and subordinate classification, Police Captain, when taking into consideration a
contractual cost of living increase of two percent (2%) in July 2018 and other differences in
benefits. An adjustment to the Police Chief salary range is therefore proposed to address the
compaction and aid in recruitment and retention.
Key Components of Unrepresented Management Resolution
The following is a summary of the key changes included in the Resolution:
1. Term of Resolution. July 1, 2018 to June 30, 2021
2. Cost of Living Adjustments. The COLA in 2018 is offset by the elimination of the
City’s one percent deferred compensation contribution. The 2019 and 2020 COLAs are
partially offset by PERS retirement cost-sharing and are in line with the FHRP and
Council’s LROs.
• 1% COLA August 2018; 1% City contribution to deferred compensation
eliminated.
• 2% COLA July 2019; Employee contribution to CalPERS increased by 1.5%
• 2% COLA July 2020; Employee contribution to CalPERS increased by an
additional 1.5%
3. Eliminate One Percent City Deferred Compensation Contribution. In August 2018,
the City will eliminate a one percent (1%) of salary employer contribution to a deferred
compensation plan.
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4. CalPERS Retirement Cost-Sharing. As indicated in the table below, all unrepresented
management employees will pay three percent (3%) more toward retirement costs. By
July 2020, management employees will be contributing between 56% and 74% of the
total normal cost of retirement (the amount needed to ensure current contributions fully
fund future benefits), exceeding the 50% requirement established for employees new to
CalPERS by the Public Employees’ Pension Reform Act (PEPRA).
5. Health Insurance Cost-Sharing. Maintain the current cost-sharing arrangement that
increases the City contribution by 50% of the average percent increase in CalPERS
medical premiums (For example, if the CalPERS medical premiums increase ten percent
(10%), the City contribution would increase five percent (5%), while employees would
absorb the remainder of the increased cost).
6. Increase the Police Chief Salary Range. The Police Chief’s direct reports are Police
Captains represented by the San Luis Obispo Police Staff Officers’ Association
(SLOPSOA). That bargaining unit has a scheduled two percent (2%) cost of living
increase in July 2018 pursuant to the terms of that group’s current four-year contract,
negotiated in 2015. That increase, along with differences in health and retirement
contributions, results in compaction between the Chief and Captain’s total compensation.
In order to address recruitment and retention in this area that is challenging not only for
the City but throughout the State and nation, staff recommends increasing the salary
range by seven percent (7%) effective August 2018. This adjustment does not
automatically result in an increase in salary of the incumbent but provides for increases
per the City’s pay for performance program.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15278.
FISCAL IMPACT
The cumulative ongoing cost after all items are implemented for the successor management
resolution is approximately $250,000. The ongoing costs are modeled in the ten-year forecast,
are sustainable under the FHRP, and are consistent with Council adopted LROs.
The forecast assumed modest growth in total compensation and the proposed resolution balances
out modest salary increases and increased cost sharing of CalPERS benefits.
Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Miscellaneous PERS Tier July 2018 July 2019 July 2020
Tier 1 (2.7% @ 55) 8% 9.5% 11%
Tier 2 (2% @ 60) 7% 8.5% 10%
Tier 3 (2% @ 62) 6.25% 7.75% 9.25%
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ALTERNATIVES
1. Do not approve recommended changes to the resolution. Instead, adopt a resolution that
continues unrepresented employee compensation without chan ges. This alternative is not
recommended as the resolution is in line with previous Council direction and is consistent
with the Fiscal Health Response Plan.
2. Do not approve the amended City Manager and City Attorney contracts. This alternative is
not recommended as there is no cost to the City.
Attachments:
a - Management Resolution 2018
b - Exhibit A to Attachment A (Legislative Draft)
c - 2018 City Attorney Resolution
d - 2018 City Manager Resolution
e - Exhibit A to Attachment C (Legislative Draft)
f - Exhibit A to Attachment D (Legislative Draft)
g - Labor Relations Objectives
PACKET PAGE 116
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RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA, REGARDING MANAGEMENT COMPENSATION FOR APPOINTED
OFFICIALS, DEPARTMENT HEADS, AND MANAGEMENT EMPLOYEES AND
SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the unrepresented management employees (Appointed Officials, Department
Heads, and Management Employees) of the City of San Luis Obispo have remained committed to
providing high quality service to the community and recognize the City’s commitment to fiscal
responsibility in alignment with the City’s Fiscal Health Response Plan; and,
WHEREAS, the unrepresented management employees have demonstrated sensitivity to
the fiscal challenges facing the City and agree to a shared approach including modest cost of
living increases, which are partially offset by employees’ increased contributions towards
retirement costs; and,
WHEREAS, the City Council is committed to providing competitive compensation to
attract and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
hereby revises unrepresented management compensation as follows:
SECTION 1. Term. The term of this Resolution shall be from July 1, 2018 through June
30, 2021.
SECTION 2. Cost of Living Adjustments. The City agrees to increase the salaries of
unrepresented management employees with a 1% cost of living adjustment (COLA) effective the
first full pay period in August 2018, a 2% COLA effective the first full pay period in July 2019,
and a 2% COLA effective the first full pay period in July 2020. The increases to salary shall be
partially offset over the term of this Resolution, as set forth in Sections 3 and 4 below.
SECTION 3. Reduction of City Deferred Compensation Contribution. Effective the
first full pay period in August 2018, the City shall cease making a one percent (1%) City
contribution to individual deferred compensation accounts for unrepresented management
employees and reduce contributions to Department Heads and Appointed Officials by one
percent. Those employees will have no further right to receive that City contribution for the term
of this Resolution or thereafter.
SECTION 4. Increased Employee Retirement Cost Sharing. Effective the first full
pay period in July 2019, the employee contribution to CalPERS retirement costs shall be
increased by one and one-half percent (1.5%) for all unrepresented management employees.
Effective the first full pay period in July 2020, the employee contribution to CalPERS retirement
costs shall be increased by an additional one and one-half percent (1.5%) for all unrepresented
management employees.
The City shall continue to provide employees certain fringe benefits as set forth in Exhibit “A”,
fully incorporated by reference.
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SECTION 5. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
SECTION 6. Authorize the City Manager and Human Resources Director to take actions
to implement this Resolution.
Upon motion of _________________________, seconded by ____________________, and
on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th 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 ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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EXHIBIT “A”
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EXHIBIT “A”
Table of Contents
Section A Medical, Dental, Vision .............................................................................. 111
Section B Health Flex Allowance ................................................................................... 2
Section C Life and Disability Insurance ...................................................................... 333
Section D Retirement ................................................................................................. 333
Section E Supplemental Retirement .......................................................................... 666
Section F Pay for Performance .................................................................................. 666
Section G Vacation .................................................................................................... 666
Section H Administrative Leave ................................................................................. 878
Section I Holidays ..................................................................................................... 888
Section J Sick Leave ................................................................................................. 999
Section K Workers’ Compensation Leave............................................................ 101010
Section L Work Out-of-Classification ................................................................... 101010
Section M Vehicle Assignment ............................................................................. 101010
Section N Uniform Allowance ............................................................................... 111111
Section O Appointed Officials ............................................................................... 111111
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EXHIBIT “A”
Page 1 of 13
Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for
appointed officials, department heads and management employees and their
dependents. The City reserves the right to choose the method of insuring and plans to
be offered.
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program. The City shall
contribute an equal amount towards the cost of medical coverage under the Public
Employee’s Medical and Hospital Care Act (PEMHCA) for both active employees and
retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory
minimum contribution amount established by CalPERS on an annual basis. The City's
contribution will come out of that amount the City currently contributes to employees as
part of the City’s Cafeteria Plan. The cost of the City's participation in PERS will not
require the City to expend additional funds toward health insurance. In summary, this
cost and any increases will be borne by the employees.
Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to provide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
Conditional Opt Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not a qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $790 (hired before September 1, 2008)
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees receiving the conditional opt-out amount will also be assessed $16.00 per
month to be placed in the Retiree Health Insurance Account. This account will be used
to fund the City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
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EXHIBIT “A”
Page 2 of 13
Dental and Vision Insurance/Dependent Coverage
Effective March 23, 2017, employee participation in the City's dental and vision plans is
optional. Employees who elect coverage shall pay the dental and/or eye premium by
payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
Section B Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre -tax basis through the
City’s Cafeteria Plan. Effective December 2017 (for January 2018 premiums), if If the
premium cost for medical coverage is less than the health flex allowance, the employee
shall not receive any unused health flex in the form of cash or purchase additional benefits
under the Cafeteria Plan.
Effective the first full pay period following the adoption of this resolution, theThe current
monthly health flex allowance amount for regular, full -time employees will increase as
outlined belowis outlined below:
Level of Coverage
*with no cash back option
effective Dec 2017
Monthly Rates
Upon Council
Adoption 2018
Monthly Health Flex
Allowance Rates
Employee Only $539
Employee Only
“Grandfathered”
$790
Employee Plus One $1,066
Family $1,442
Employees hired prior to September 1, 2008 that are grandfathered in and elect employee
only medical coverage will receive the health flex allowance listed above for employee
only “grandfathered” coverage. As of January 1, 2015, if an employee that is rec eiving
Employee Only or Opt Out “Grandfathered” coverage changes their level of coverage,
they will be eligible to return to the grandfathered coverage in a future year. Effective
December 2017 (for January 2018 premiums), iIf the premium cost for medical coverage
is less than the health flex allowance, the employee shall no longer receive any unused
health flex in the form of cash.
Effective December 20187 (for the January 20198 premium), December 2019 (for the
January 2020 premium), and December 2020 (f or the January 2021 premium), the City’s
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EXHIBIT “A”
Page 3 of 13
total health flex allowance for group medical coverage shall be modified by an amount
equal to one-half of the average percentage increase for family coverage in the PERS
health plans available in San Luis Obispo County. For example: if three plans were
available and the year-to-year changes were +10%, +15%, and +20% respectively, the
City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x 1/2).
Less than full-time employees shall receive a prorated share of the City’s contribution.
The City agrees to continue its contribution to the health flex allowance for two (2) pay
periods in the event that an employee has exhausted all paid time off and leave approved
under the federal Family and Medical Leave Act (FMLA) and the California Family Rights
Act (CFRA) due to an employee's catastrophic illness. That is, the employee shall receive
regular City health flex allowance for the first two (2) pay periods following the pay period in
which the employee’s accrued leave balances reach zero (0) and FMLA/CFRA benefits
have been exhausted.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits in recognition of
management responsibilities:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum
benefit $11,250 per month) to age 65 for any sickness or accident, subject to
the exclusions in the long-term disability policy, after a 30-day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee, the City
provides a $100,000 term life insurance including accidental death and
dismemberment through the City’s Cafeteria Plan.
Section D Retirement
A. PERS Contracts
1. “Classic Members First Tier” non-sworn and sworn employees Employees
hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
2.7% at age 55 retirement plan to all non-sworn employees and the 3% at 50
retirement plan to all sworn employees. The 2.7% at 55 plan includes the
following amendments: 1959 Survivor’s Benefit – Level Four, conversion of
unused sick leave to additional retirement credit, one-year final compensation,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death
Benefit. The 3% at age 50 plan includes the following amendments: Post -
Retirement Survivor Allowance, conversion of unused sick leave credit to
additional retirement credit, 1959 Survivor’s Benefit- Level Four, one-year final
compensation, Military Service Credit, and Pre-Retirement Optional Settlement
2 Death Benefit.
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EXHIBIT “A”
Page 4 of 13
2. “Classic Members Second Tier” non-sworn and sworn employees hired on or
after December 6, 2012.
Non-sworn employees pay the full eight percent (8%) and sworn employees
pay the full nine (9%) member contribution to PERS. The employee pays to
PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre -tax basis.“Classic
Members” hired on or after December 6, 2012 CalPERS determines who is a
“Classic Member” within the meaning of the California Public Employees’
Pension Reform Act (PEPRA).For non-sworn “Classic Members” hired on or
after December 6, 2012, the The City will agrees to provide the PERS 2% at
60 retirement plan for non-sworn employees using the highest three-year
average as final compensation. The second-tier formula for non-sworn
employees will include the following amendments: 1959 Survivor’s Benefit –
Level Four, conversion of unused sick leave to additional retirement credit,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death
Benefit. Employees hired under this plan will pay the full member contribution
required under the plan, presently seven percent (7%).
For sworn “Classic Members” hired on or after December 6, 2012, the City will
provide the PERS 3% at 55 retirement plan for sworn Fire employees and 2%
at 50 retirement plan for sworn Police employees using the highest three-year
average as final compensation. The second-tier formula for sworn employees
will include the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit – Level Four, Military Service Credit, and Pre-Retirement
Optional Settlement 2 Death Benefit. Employees hired under these plans will
pay the full member contribution required under the plan, presently eight
percent (8%).
3. “New Members Third Tier” non-sworn and sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).The
employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax
basis.New Members
For employees who PERS determines are “new members” within the meaning
of the PEPRA, the The City will provide the PERS 2% at 62 retirement plan for
non-sworn employees and 2.7% at 57 retirement plan for sworn employees,
using the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
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EXHIBIT “A”
Page 5 of 13
Effective the first pay period in January 2012, employees began paying the full
member contribution required under the plan for first and second tier sworn
(9%) and non-sworn (8% and 7% respectively) employees and the City
discontinued their payment of the member contribution. For purposes of this
Section, employee contributions are based on salary and special compensation
as defined by PERS.
Effective the first full pay period in July 2019, all non -sworn and sworn
employees shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July 2020,
all non-sworn and sworn employees’ additional contribution shall increase to
3%, in addition to the employee contribution defined in the paragraph above.
These additional contributions are in accordance to the provisions of AB 340,
§7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost,
as determined by PERS.
Effective the first full pay period in July 2019, all non-sworn and sworn new
members shall contribute 1.5% in addition to the employee paying 50% of th e
normal cost. Effective the first full pay period in July 2020, all non-sworn and
sworn new members contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions are
in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be considered
contributions to the employees account. PERS currently requires a secret ballot
election among the employees affected to change the employees’ rate of contribution.
The contract cannot be amended if a majority of the affected members vote to
disapprove the proposed plan. In the event a secret ballot is required by State Law
and the unrepresented management group does not vote to approve the contract
amendment, the additional contributions will still be required in accordance to the
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EXHIBIT “A”
Page 6 of 13
provisions of §20516(f). In this case the additional contributions would not be credited
to the employee’s PERS account as a normal contribution.
Effective upon their date of hire, new members will pay 50% of the total normal cost of
the member contribution, as determined by PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
Section E Supplemental Retirement
The City shall contribute 1% of salary for management employees and 2% of salary for
department heads to a defined contribution supplemental retirement plan established in
accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and
California Government Code sections 53215-53224.
Effective the first full pay period in August 2018, the City shall discontinue a 1%
contribution of salary for management employees and the City contribution will decrease
from 2% to 1% for department heads to a defined contribution supplemental retirement
plan.
Section F Pay for Performance
In 1996 the City Council established the Management Pay for Performance System for
department heads and management employees. The system is designed to recognize and
reward excellent performance by department heads and managers and to provide an
incentive for continuous improvement and sustained high performance. Instead of step
increases, the department heads and management employee moves through his/her salary
range solely according to accomplishment of objectives and job-related behavior. Further
information about the Management Pay for Performance System is found in the
Management Pay for Performance System Guide.
Section G Vacation
Vacation leave is governed by Section 2.36.440 of the Municipal Code, except that it may
be taken after the completion of the sixth calendar month of service since the benefit date
or earlier with department head or designee authorization. Each management employee
shall accrue vacation leave with the pay at the following rates:
Management Employees
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
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EXHIBIT “A”
Page 7 of 13
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
Appointed Officials & Department Heads
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
*One day is equivalent to eight (8) hours for a 40 -hour per week line-item position.
of 12 days (96 hours) per year for the first five years of continuous service, 15 days (120
hours) per year upon completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days (160 hours) upon completion of twenty years.
Department Heads accrue vacation leave with pay starting at 15 days (120 hours) per
year for the first ten years of continuous service, and at the same accrual rate as provided
for management employees beyond ten years of continuous service.
Vacation leave shall be accrued as earned semi-monthly provided that not more than
twice the annual rate (not including floating holiday leave) may be carried over to a new
calendar year. Effective April 2019, management employees vacation time shall not
exceed twice the annual rate. If an employee reaches the cap at any time throughout the
year, the employee will stop accruing vacation leave.
However, if the City Manager determines that a department head has been unable to take
vacation due to the press of City business, the City Manager may approve up to a six-
month extension of maximum vacation accrual. The City Manager may, within two years
of appointing a department head, increase the rate of vacation accrual to a maximum of
120 hours per year. Vacation schedules for management employees shall be based upon
the needs of the City and then, insofar as possible, upon the wishes of the employee. A
department head may not deny a management employee’s vacation request if such
denial will result in the loss of vacation accrual by the employee, except that, a department
head may approve up to a six-month extension of maximum vacation accrual. However,
in no event shall more than one such extension be granted in any calendar year.
Appointed officials, Ddepartment Heads and management employees are eligible, once
annually in December, to request payment for up to 40 hours of unused vacation leave
provided that an employee’s overall performance and attendance practices are
satisfactory. Payment for unused vacation leave is subject to the availability of budgeted
funds.
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EXHIBIT “A”
Page 8 of 13
Section H Administrative Leave
Appointed officials and dDepartment heads and appointed officials shall be granted 80
hours of administrative leave the first full pay period in Januarypay period that January
1st falls into.
Management employees shall be granted 48 hours of administrative leave the first full
pay period in Januarypay period that January 1st falls into.
Administrative leave hours shall be pro-rated on a monthly basis when a department head
or management employee is appointed or leaves employment during the calendar year.
The employee’s final check will be adjusted to reflect the pro -rated hours, however there
is no provision to receive cash payment for unused administrative hours. Unused
administration leave will not be carried over year to year but can be taken through the pay
period that December 31st of each yearfalls within.
Appointed officials, dDepartment Hheads and mManagement employees are considered
exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not
eligible for overtime payment. In general, management employees are expected to work
the hours necessary to successfully carry out their duties and frequently must return to
work or attend meetings and events outside their normal working hours. However, when
specifically authorized by the department head due to extraordinary circumstances, a
management employee may receive overtime payment of time and one -half for hours
worked above and beyond what would be considered normal work requirements during
an emergency event lasting at least eight (8) hours.
Section I Holidays
Appointed officials, dDepartment Hheads and mManagement employees shall receive
eleven (11) fixed plus two (2) floating holidays per year. The following days of each year
are designated as paid holidays:
• January 1 – New Year’s Day
• Third Monday in January – Martin Luther King Jr. Birthday
• Third Monday in February – Presidents’ Day
• Last Monday in May – Memorial Day
• July 4 – Independence Day
• First Monday in September – Labor Day
• November 11 – Veteran’s Day
• Fourth Thursday in November – Thanksgiving Day
• Friday after Thanksgiving
• December 25 – Christmas
• One half day before Christmas
• One half day before New Year’s Day
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EXHIBIT “A”
Page 9 of 13
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full-time employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves
the right to close non-essential City services and offices on Monday or Friday (the day
adjacent to the observed holiday). Essential City services are determined at the
discretion of the dDepartment hHead. Employees scheduled to work in non-essential
functions on the days adjacent to the paid holidays would be required to use appropriate
personal leave. The City would notify employees of closure of non-essential City services
and offices no later than October 31st of the same year in order to provide employees with
ample time to plan accordingly.
The two (2) floating holidays shall be accrued on a semi -monthly basis and added to the
vacation accrual.
Effective January 2019, the two floating holidays (16 hours) will be provided in a floating
holiday leave bank the pay period that January 1 st falls within rather than being accrued
on a semi-monthly basis. Employees will have the ability to use floating holiday leave
hours at any point during the calendar year. Unused floating holiday leave will not be
carried over year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee's final paycheck.
Section J Sick Leave
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall
accrue sick leave with pay at the rate of twelve (12) days or the prorated shift equivalent
per year of continuous service since the benefit date. An employee may take up to 48
hours per calendar year of sick leave if required to be away from the job to personally
care for a member of his/her immediate family as defined in Section 2.36.420, Labor Code
233 and/or Assembly Bill 1522. This may be extended to 56 hours if a household family
member is hospitalized and the employee submits written verification of such
hospitalization.
In conjunction with existing leave benefits, department head and management employees
with one year of City service who have worked a t least 1,250 hours in the previous year
may be eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal
Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). In
the event an employee is caring for a family member and is covered under FMLA/CFRA,
they will be able to use all accrued sick leave to care for a family member.
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EXHIBIT “A”
Page 10 of 13
Sick leave may be used to be absent from duty due to the death of a member of the
employee’s immediate family as defined in Section 2.36.420, provided such leave shall
not exceed forty working hours for each incident. The employee may be required to
submit proof of relative’s death before being granted sick leave pay. False information
concerning the death or relationship shall be cause for discharge.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two options.
According to the following schedule, a percentage of the dollar value of the employee’s
accumulated sick leave may be paid to the employee if the employee requests upon
termination by retirement, and will be paid to the designated beneficiary or beneficiaries
upon termination by death of the employee:
(A) Death – 25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten years of continuous employment – 10%
(2) After twenty years of continuous employment – 15%
Section K Workers’ Compensation Leave
An employee who is absent from duty because of on -the-job injury in accordance with
State workers’ compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his/her base salary and the
amount provided by workers’ compensation law during the first ninety (90) business days
of such temporary disability absence. Eligibility for workers’ compensation leave requires
an open workers’ compensation claim.
Section L Work Out-of-Classification
An out-of-class assignment is the full-time performance of all the significant duties of an
available, funded position in one classification by an individual in a position of another
classification. An employee assigned in writing by management to work out-of-class in a
position that is assigned a higher pay range which is vacant pending an examination or
is vacant due to an extended sick or disability leave, shall receive no less than five percent
(5%), but in no case more than the top salary of the higher range, in addition to their
regular base rate commencing on the eleventh consecutive workday of the out -of-class
assignment.
Section M Vehicle Assignment
For those department heads requiring the use of an automobile on a regular 24 -hour basis
to perform their normal duties, the City will, at City option, provide a City vehicle or an
appropriate allowance for the employee’s use of a personal automobile. Department
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EXHIBIT “A”
Page 11 of 13
heads who are not provided a City vehicle shall receive a car allowance of $236 per
month, paid semi-monthly.
The use of a personal automobile for City business will be eligible for mileage
reimbursement in accordance with standard City policy.
Section N Uniform Allowance
Employees required to wear a uniform, including the Fire Chief, Deputy Fire Chief, Fire
Marshal and Police Chief, shall receive the same uniform allowance as those they directly
supervise. For “Classic Members” as defined by PERS, uniform allowance shall be
reported to PERS as special compensation. Uniform allowance will not be pro-rated upon
separation from employment.
Section O Appointed Officials
The benefits outlined in this exhibit for department heads apply to appointed officials,
except where they have been modified by council resolution.
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT
FOR CITY ATTORNEY
WHEREAS, on January 2, 2010 the City Council approved a contract of employment
appointing Christine Dietrick to the position of City Attorney; and
WHEREAS, the City Council conducted a performance evaluation of this appointed
official on March 21, 2018, in accordance with the Appointed Officials’ Performance Process as
modified in December of 2011.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby approves the amended contract of employment
attached hereto as Exhibit A.
SECTION 2. The City Council shall evaluate the performance of the City Attorney
annually.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July, 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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Resolution No. _____ (2018 Series) Page 2
_____________________________________
Jon Ansolabehere
Assistant 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
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT
FOR CITY MANAGER
WHEREAS, on September 29, 2017 the City Council approved a contract of employment
appointing Derek Johnson to the position of City Manager; and
WHEREAS, the City Council conducted a performance evaluation of this appointed
official on March 21, 2018, in accordance with the Appointed Officials’ Performance Process as
modified in December of 2011.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby approves the amended contract of employment
attached hereto as Exhibit A.
SECTION 2. The City Council shall evaluate the performance of the City Manager
annually.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July, 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
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Resolution No. _____ (2018 Series) Page 2
_____________________________________
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
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AMENDED CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK
CITY ATTORNEY
THIS CONTRACT is amended this 17th day of July, 2018 by and between
the CITY OF SAN LUIS OBISPO, a municipal corporation and charter city
(hereinafter referred to as "CITY"), and J. CHRISTINE DIETRICK, a contract
employee (hereinafter referred to as "CHRISTINE DIETRICK”);
WITNESSETH:
WHEREAS, Charter Section 701 provides that the SAN LUIS OBISPO
CITY COUNCIL (hereinafter referred to as “COUNCIL”) is responsible for the
appointment and removal of the CITY ATTORNEY, and
WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and
accepts the responsibility for supervision of the CITY ATTORNEY; and
WHEREAS, the COUNCIL is desirous of appointing a CITY ATTORNEY
and wishes to set the terms and conditions of said employment; and
WHEREAS, CHRISTINE DIETRICK desires to continue in her position of
CITY ATTORNEY consistent with certain terms and conditions of said
employment, as set forth in this CONTRACT.
NOW, THEREFORE, the parties do mutually agree as follows:
Section 1. Effective Date.
A. The appointment of CHRISTINE DIETRICK is effective January 1,
2010.
B. Nothing in this Contract shall prevent, limit or otherwise interfere
with the right of the COUNCIL to terminate the services of CHRISTINE
DIETRICK at any time, subject only to San Luis Obispo CITY Charter Section
709 and the provisions set forth in Section 12 of this Contract.
C. Nothing in this Contract shall prevent, limit or otherwise interfere
with the right of CHRISTINE DIETRICK to resign at any time from her position
with the CITY, subject only to the provision set forth in Section 13 of this
Contract.
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Section 2. Duties and Salary.
A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY
ATTORNEY of the City to perform the functions and duties specified in the
Charter and Municipal Code and to perform such other legally permissible and
proper duties and functions as the COUNCIL may from time to time assign.
B. COUNCIL agrees to pay CHRISTINE DIETRICK, for her services
rendered pursuant hereto, an annual base salary of $194,844 payable in
installments at the same time as the other management employees of the CITY
are paid. In addition, COUNCIL agrees to increase said base salary by the cost -
of-living adjustment approved by the COUNCIL for all CITY management
employees under any successor Management Compensation Resolutions.
Section 3. Benefits.
In addition to the salary set forth in Section 2 of this CONTRACT,
CHRISTINE DIETRICK shall be entitled to a car allowance of $250 per month, a
City contribution of 3.5% of salary to a 401(a) supplemental retirement plan ,
decreasing to 2.5% of salary effective the first full pay period in August 2018, the
ability to cash out up to three weeks’ vacation at the end of each fiscal year, upon
CHRISTINE DIETRICK’S request, and the same benefits as those offered by the
CITY to the CITY ATTORNEY, in accordance with the Management
Compensation Resolution, Resolution No. 10785 (2017 Series) and any
successors.
Section 4. Performance Evaluation.
A. By April 30, 2010, COUNCIL and CHRISTINE DIETRICK shall
establish mutually agreeable written goals, performance objectives, and priorities
for the performance period ending March 30, 2011. Further, Council shall
conduct an “interim” evaluation by October 29, 2010. An annual formal Council
evaluation will be conducted in March of 2011 in accordance with the City ’s
Appointed Official Evaluation Process. Consistent with the schedule outlined
above, based on the Appointed Officials Evaluation Process, and subject to
performance as assessed by the COUNCIL, the CITY ATTORNEY compensation
shall be reviewed by COUNCIL in April 2011 consistent with the Management
Pay-for-Performance System in place at that time.
B. Each calendar year thereafter, COUNCIL shall review and evaluate
the performance and compensation of CHRISTINE DIETRICK in accordance
with the adopted Appointed Officials Evaluation Process, best management
practices, and informed by comparison agency data.
Section 5. Outside Activities, Conduct and Behavior.
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A. CHRISTINE DIETRICK shall not engage in teaching, consulting or
other non-CITY connected business without the prior approval of COUNCIL.
B. CHRISTINE DIETRICK shall comply with all local and state
requirements regarding conflicts-of-interest.
Section 6. Dues and Subscriptions.
COUNCIL agrees to budget for and to pay for professional dues and
subscriptions of CHRISTINE DIETRICK necessary for her continuation and full
participation in national, regional, state, and local associations, and organizations
necessary and desirable for her continued professional participation, growth, and
advancement, and for the good of the CITY.
Section 7. Professional Development.
A. COUNCIL hereby agrees to budget for and to pay for travel and
subsistence expenses of CHRISTINE DIETRICK for professional and official
travel, meetings, and occasions adequate to continue the professional
development of CHRISTINE DIETRICK and to adequately pursue necessary
official functions for the CITY, including but not limited to the League of California
Cities Annual Conference, League of California Cities City Attorneys Department
Conference, and such other national, regional, state, and local governmental
organizations, groups and/or committees.
B. COUNCIL also agrees to budget for and to pay for travel and
subsistence expenses of CHRISTINE DIETRICK for short courses, institutes,
and seminars that are necessary for her professional development and for the
good of the CITY.
C. Other professional development may be agreed upon from time to
time between the COUNCIL and CHRISTINE DIETRICK.
Section 8. General Expenses.
COUNCIL recognizes that certain expenses of a non -personal and job-
affiliated nature are incurred by the CITY ATTORNEY, and hereby agrees to
authorize the Finance Director to reimburse or to pay said general and
reasonable expenses, consistent with CITY policies, upon receipt of duly
executed expense or petty cash vouchers, receipts, statements or personal
affidavits.
Section 9. Indemnification.
In addition to that required under state and local law, CITY shall defend,
save harmless, and indemnify CHRISTINE DIETRICK against any claims,
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4
demands, causes of actions, losses, damages, expenses (including but not
limited to attorney’s fees as may be authorized against public entities or officers
consistent with state law) or liability of any kind whether stated in or arising from
tort, professional liability or any other legal action or equitable theory, whether
groundless or otherwise arising out of an alleged act or omission occurring in the
performance of CHRISTINE DIETRICK’S duties as CITY ATTORNEY to the
fullest extent permitted by law. CITY may compromise and settle any such claim
or suit, and shall pay the amount of any settlement or judgment rendered
thereon.
Section 10. Other Terms and Conditions of Employment.
The COUNCIL, in consultation with CHRISTINE DIETRICK, shall fix any
such other terms and conditions of employment, as it may determine from time to
time, relating to the performance of CHRISTINE DIETRICK, provided such terms
and conditions are not inconsistent with or in conflict with the provisions of this
CONTRACT, the CITY Charter or any other law.
Section 11. No Reduction of Pay and/or Benefits.
COUNCIL shall not at any time during the term of this CONTRACT,
reduce the salary, compensation or other financial benefits of CHRISTINE
DIETRICK, except to the degree of such a reduction across-the-board for all
employees of the CITY or CHRISTINE DIETRICK provides written consent to the
reduction.
Section 12. Termination and Severance Pay.
A. In the event CHRISTINE DIETRICK’S employment is terminated by the
COUNCIL, or she resigns at the request of a majority of the COUNCIL during
such time that she is otherwise willing and able to perform the duties of CITY
ATTORNEY, the COUNCIL agrees to pay her a lump sum cash payment equal
to nine (9) months compensation (salary and all appointed officials fringe
benefits). Additionally, CITY shall extend to CHRISTINE DIETRICK the right to
continue and purchase at her expense health insurance pursuant to the terms
and condition of the Consolidated Omnibus Budget Reconciliation Act of 1986
(COBRA) or any successor legal requirement. CHRISTINE DIETRICK is the
CITY ATTORNEY for the purposes of the benefits under the California Joint
Powers Insurance Authority of which the CITY is a member . Any associated
severance benefit as a result of termination shall be in accordance with the terms
and conditions of the California Joint Powers Insurance Authority’s Memorandum
of Liability Coverage in effect at the time of termination.
B. In the event that CHRISTINE DIETRICK is terminated for “good cause”
the COUNCIL shall have no obligation to pay the lump sum severance payment
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5
mentioned above. For the purpose of this CONTRACT, “good cause” shall mean
any of the following:
(1) Malfeasance, dishonesty for personal gain, willful violation of law,
corrupt misconduct, or conviction of any felony.
(2) Conviction of a misdemeanor arising directly out of CHRISTINE
DIETRICK’s duties pursuant to this Agreement.
(3) Willful abandonment of duties outlined in this Agreement.
“Good cause” shall not mean a mere loss of support or confidence by a
majority of the COUNCIL.
C. Any termination of employment shall be done consistent with limitations
established in the City Charter Section 709. Additionally, the CITY shall provide a
minimum of 30 days prior written notice to CHRISTINE DIETRICK of the intent to
terminate this Agreement.
Section 13. Resignation.
In the event CHRISTINE DIETRICK voluntarily resigns her position with
the CITY, she shall give the COUNCIL at least two (2) months advance written
notice.
Section 14. General Provisions.
A. The text herein shall constitute the entire CONTRACT between the
parties.
B. This CONTRACT shall be binding upon and inure to the benefit of
the heirs at law and executors of the parties.
C. It is the intent of the COUNCIL that this CONTRACT and the
appointment of CHRISTINE DIETRICK as CITY ATTORNEY are in accordance
with the requirements and provisions of the Charter. Wherever possible, the
provisions of this CONTRACT shall be construed in a manner consistent with the
Charter. If any provision of this CONTRACT conflicts with the Charter, the
Charter shall control.
D. If any provision, or any portion thereof, contained in this
CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of
this CONTRACT, or portion thereof, shall be deemed severable, shall not be
affected, and shall remain in full force and effect.
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6
IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this
Contract on the day and year first set forth above.
_____________________________ _______________
_____________________________ _______________
J. CHRISTINE DIETRICK DATE
______________________________ _______________
____________________________ ________________
HEIDI HARMON, MAYOR DATE
ATTEST:
____________________________ ________________
TERESA PURRINGTON DATE
CITY CLERK
APPROVED AS TO FORM:
__________________________________
JON ANSOLABEHERE
ASSISTANT CITY ATTORNEY
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Page 1
CONTRACT OF EMPLOYMENT WITH DEREK J. JOHNSON
CITY MANAGER
THIS CONTRACT is entered into as of this 17th day of July, 2018 by and
between the CITY OF SAN LUIS OBISPO, State of California (hereinafter
referred to as "CITY"), and DEREK J. JOHNSON, a contract employee
(hereinafter referred to as " DEREK J. JOHNSON”);
WITNESSETH:
WHEREAS, Charter Section 703 provides that the SAN LUIS OBISPO
CITY COUNCIL (hereinafter referred to as “COUNCIL”) is responsible for the
appointment and removal of the CITY MANAGER, and
WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and
accepts the responsibility for supervision of the CITY MANAGER; and
WHEREAS, the COUNCIL wishes to appoint a CITY MANAGER and to
set the terms and conditions of said employment; and
WHEREAS, DEREK J. JOHNSON desires to accept the position of CITY
MANAGER consistent with certain terms and conditions of said employment, as
set forth in this CONTRACT.
NOW, THEREFORE, the parties do mutually agree as follows:
Section 1. Effective Date.
A. The appointment of DEREK J. JOHNSON is effective September 29,
2017.
B. Nothing in this Contract shall prevent, limit or otherwise interfere with
the right of the COUNCIL to terminate the services of DEREK J. JOHNSON at any
time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions
set forth in Section 12 of this Contract.
C. Nothing in this Contract shall prevent, limit or otherwise interfere with
the right of DEREK J. JOHNSON to resign at any time from his position with the
CITY, subject only to the provision set forth in Section 13 of this Contract.
Section 2. Duties and Salary.
A. CITY agrees to employ DEREK J. JOHNSON as full-time City
Manager of the City to perform the functions and duties specified in the Charter
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Page 2
and Municipal Code and to perform such other legally permissible and proper
duties and functions as the COUNCIL may from time to time assign.
B. It is recognized DEREK J. JOHNSON is an exempt employee but is
expected to engage in those hours of work that are necessary to fulfill the
obligations of the City Manager’s position. The parties acknowledge DEREK J.
JOHNSON will not regularly participate in a formal 9 -80 work schedule as is
provided to department heads and certain ot her City employees as part of the
City’s Trip Reduction Incentive Program. However, DEREK J. JOHNSON is
authorized, with appropriate notification to Council, to from time to time modify his
regular work schedule in order to take time off with pay while ensuring appropriate
coverage of his duties as City Manager. Leave pursuant to this provision shall not
be used in lieu of vacation or administrative leave.
C. COUNCIL agrees to pay DEREK J. JOHNSON, for his services
rendered pursuant hereto, a starting annual base salary of $209,898 payable in
installments at the same time as the other management employees of the CITY
are paid. In addition, COUNCIL agrees to increase said base salary by the cost-
of-living adjustment approved by the COUNCIL for all CITY management
employees under any successor Management Compensation Resolutions.
Section 3. Benefits.
A. In addition to the salary set forth in Section 2 of this CONTRACT, DEREK
J. JOHNSON shall be entitled to a car allowance of $450 per month, a City
contribution of 3.5% of salary to a 401 (a) supplemental retirement plan,
decreasing to 2.5% of salary effective in August 2018, the ability to cash out up to
three weeks’ vacation at the end of each f iscal year, upon the request of DEREK
J. JOHNSON, and the same benefits as those offered by the CITY to the CITY
MANAGER, in accordance with the Resolution 10785 (2017 Series), Resolution
8661 (1997 series) and any successors.
B. DEREK J. JOHNSON hereby agrees that his monthly car allowance will
be as provided in Resolution 10630 (2015 Series).
Section 4. Performance Evaluation.
A. Upon appointment to the position of City Manager DEREK J.
JOHNSON will assume the goals established by Council for the former City
Manager until such time as DEREK J. JOHNSON and Council mutually agree on
new goals. On or before January 31, 2018, Council will provide feedback to
DEREK J. JOHNSON on performance to goals and expectations. Further, Council
shall conduct an “interim” evaluation by March 30, 2018. An annual formal Council
evaluation will be conducted in March of 2019 in accordance with the City’s
Appointed Official Evaluation Process. Consistent with the schedule outlined
above, based on the Appointed Officials Evaluation Process, and subject to
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performance as assessed by the COUNCIL, the CITY MANAGER compensation
shall be reviewed by COUNCIL no later than April 2019.
B. Each calendar year thereafter, COUNCIL shall review and evaluate
the performance and compensation of DEREK J. JOHNSON in accordance with
the adopted Appointed Officials Evaluation Process , best management practices,
and informed by comparison agency data.
Section 5. Outside Activities, Conduct and Behavior.
A. DEREK J. JOHNSON shall not engage in teaching, consulting or
other non-CITY connected business without the prior approval of COUNCIL.
B. DEREK J. JOHNSON shall comply with all local and state
requirements regarding conflicts-of-interest.
Section 6. Dues and Subscriptions.
COUNCIL agrees to budget for and to pay for professional dues and
subscriptions of DEREK J. JOHNSON necessary for his continuation and full
participation in national, regional, state, and local associations, and organizations
necessary and desirable for his continued professional participation, growth, and
advancement, and for the good of the CITY.
Section 7. Professional Development.
A. COUNCIL hereby agrees to budget for and to pay for travel and
subsistence expenses of DEREK J. JOHNSON for professional and official travel,
meetings, and occasions adequate to continue the professional development of
DEREK J. JOHNSON and to adequately pursue necessary official functions for the
CITY, including but not limited to the League of California Cities meetings and
conferences, International City/County Managers’ Association and such other
national, regional, state, and local governmental organizations, groups and/or
committees.
B. COUNCIL also agrees to budget for and to pay for travel and subsistence
expenses of DEREK J. JOHNSON for short courses, institutes, and seminars that
are necessary for his professional development and for the good of the CITY.
C. Other professional development may be agreed upon from time to time
between the COUNCIL and DEREK J. JOHNSON.
Section 8. General Expenses.
COUNCIL recognizes that certain expenses of a non -personal and job-
affiliated nature are incurred by the CITY MANAGER, and hereby agrees to
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authorize the Finance Director to reimburse or to pay said general and reasonable
expenses, consistent with CITY policies, upon receipt of duly executed expense or
petty cash vouchers, receipts, statements or personal affidavits.
Section 9. Indemnification.
In addition to that required under state and local law, CITY shall defend,
save harmless, and indemnify DEREK J. JOHNSON against any claims, demands,
causes of actions, losses, damages, expenses (including but not limited to
attorney’s fees as may be authorized against public entities or officers consistent
with state law) or liability of any kind whether stated in or arising from tort,
professional liability or any other legal action or equitable theory, whether
groundless or otherwise arising out of an alleged act or omission occurring in the
performance of DEREK J. JOHNSON’s duties as CITY MANAGER to the fullest
extent permitted by law. CITY may compromise and settle any such claim or suit,
and shall pay the amount of any settlement or judgment rendered thereon.
Section 10. Other Terms and Conditions of Employment.
The COUNCIL, in consultation with DEREK J. JOHNSON, shall fix any such
other terms and conditions of employment, as it may determine from time to time,
relating to the performance of DEREK J. JOHNSON, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of this
CONTRACT, the CITY Charter or any other law.
Section 11. No Reduction of Pay and/or Benefits.
COUNCIL shall not at any time during the term of this CONTRACT, reduce
the salary, compensation or other financial benefits of DEREK J. JOHNSON,
except to the degree of such a reduction across-the-board for all employees of the
CITY or DEREK J. JOHNSON provides written consent to the reduction.
Section 12. Termination and Severance Pay.
A. In the event DEREK J. JOHNSON’s employment is terminated by
the COUNCIL without cause, or he resigns at the request of a majority of the
COUNCIL during such time that he is otherwise willing and able to perform the
duties of CITY MANAGER, and if DEREK J. JOHNSON signs, delivers to the City
Council, and does not revoke, the General Release Agreement in the form
attached hereto as Exhibit A, the COUNCIL agrees to pay him a lump sum cash
payment equal to six (6) months compensation. For the purposes of this clause
“compensation” shall include base salary, car allowance, City contribution to
deferred compensation, and City contribution to health insurance at time of
separation as well as cash out of accrued Administrative Leave and cash out of a
portion of accrued sick leave as if CITY MANAGER was retiring as provided in the
Management Compensation Resolution 10785 (2017 Series) and any successors.
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Page 5
B. In the event that DEREK J. JOHNSON is terminated for “good cause”
the COUNCIL shall have no obligation to pay the lump sum severance payment
mentioned above. For the purpose of this CONTRACT, “good cause” shall mean
any of the following:
(1) Malfeasance, dishonesty for personal gain, willful violation of law,
corrupt misconduct, or conviction of any felony.
(2) Conviction of a misdemeanor arising directly out of DEREK J.
JOHNSON’s duties pursuant to this Agreement.
(3) Willful abandonment of duties outlined in this Agreement.
“Good cause” shall not mean a mere loss of support or confidence by a
majority of the COUNCIL.
C. Any termination of employment shall be done consistent with
limitations established in the City Charter Section 709. Additionally, the CITY shall
provide a minimum of 30 days prior written notice to DEREK J. JOHNSON of the
intent to terminate this Agreement.
D. In the event the CITY terminates the CITY MANAGER for any reason or
no reason, the CITY and the CITY MANAGER agree that no member of the
COUNCIL, the City Management staff, nor the CITY MANAGER, shall make any
written, oral or electronic statement to any member of the public, the press, or any
city employee concerning the CITY MANAGER’S termination except in the form of
a joint press release or statement, the content of which is mutually agreeable to
the City and the CITY MANAGER. The joint press release or statement shall not
contain any text or information that is disparaging to either party. Either party may
verbally repeat the substance of the joint press release or statement in response
to an inquiry. Nothing herein shall be construed to prevent the City from referring
to or responding to inquiries about third party or outside agency investigations or
actions pertaining to the official performance of the CITY MANAGER.
Section 13. Resignation.
In the event DEREK J. JOHNSON voluntarily resigns his position with the
CITY, he shall give the COUNCIL at least 45 days advance written notice.
Section 14. General Provisions.
A. The text herein shall constitute the entire CONTRACT between the
parties.
B. This CONTRACT shall be binding upon and inure to the benefit of
the heirs at law and executors of the parties.
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Page 6
C. It is the intent of the COUNCIL that this CONTRACT and the
appointment of DEREK J. JOHNSON as CITY MANAGER are in accordance with
the requirements and provisions of the Charter. W herever possible, the provisions
of this CONTRACT shall be construed in a manner consistent with the Charter. If
any provision of this CONTRACT conflicts with the Charter, the Charter shall
control.
D. If any provision, or any portion thereof, contained in this CONTRACT
is held unconstitutional, invalid or unenforceable, the remainder of this
CONTRACT, or portion thereof, shall be deemed severable, shall not be affected,
and shall remain in full force and effect.
IN WITNESS W HEREOF, CITY and EMPLOYEE have executed this
Contract on the day and year first set forth above.
_____________________________ _______________
DEREK J. JOHNSON DATE
_____________________________ ________________
HEIDI HARMON, MAYOR DATE
ATTEST:
_____________________________ ________________
TERESA PURRINGTON DATE
CITY CLERK
APPROVED AS TO FORM:
__________________________________
J. CHRISTINE DIETRICK
CITY ATTORNEY
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Labor Relations Objectives
Adopted by Council September 23, 2014
Revised by Council March 20, 2018
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues. (Theme –
Fiscal Responsibility)
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability
trend and other actions consistent with State law. (Theme – Cost
Containment/Reduction)
3. Continue to effectively manage escalating health benefit costs through balanced
cost sharing and other means while maintaining comprehensive health care
coverage for all eligible employees. (Theme – Cost Containment)
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy, including relevant local, statewide or national labor
markets. (Theme – Recruitment and Retention)
5. Employee labor agreements will be negotiated in good faith, in a timely manner
that avoids retroactivity provisions unless there is a compelling need. (Theme –
Cost Containment)
6. Contract provisions shall take into consideration the City’s ability to effectively
and efficiently implement and administer them using the City’s financial and
human resources systems to ensure accuracy and compliance with federal,
state, and local laws. (Theme – Best Practices and Compliance)
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Meeting Date: 7/17/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Rachel Cohen, Associate Planner, Community Development Department
SUBJECT: REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR)
PREPARED FOR THE PROPOSED PALM NIPOMO PARKING STRUCTURE
PROJECT, WHICH INCLUDES FIVE LEVELS OF PARKING FOR UP TO
445 PARKING SPACES, 5,000 SQUARE FEET OF COMMERCIAL SPACE, A
NON-PROFIT THEATRE WITH APPROXIMATELY 24,000 SQUARE FEET
AND UP TO 290 THEATRE SEATS, A ZONE CHANGE AND GENERAL
PLAN AMENDMENT FROM THE CURRENT OFFICE (O) ZONE AND
MEDIUM-HIGH RESIDENTIAL (R-3) ZONE TO PUBLIC FACILITY (PF)
ZONE.
RECOMMENDATION
Adopt a Resolution certifying Final EIR for the proposed parking structure project.
REPORT-IN-BRIEF
The proposed project includes the Final Environmental Impact Review for construction of a five-
level parking structure, non-profit theater, and commercial space located at 609, 610, 614, 630,
633 Palm Street and 970, 972 Nipomo Street. The parking structure will provide 400 to 445
parking spaces. Main vehicular access to the structure will be provided from Palm Street, with
secondary access on Nipomo Street. The project proposes to also include 5,000 square feet of
commercial space on two levels fronting Nipomo Street and a new structure for the San Luis
Obispo Repertory Theatre (formerly known as the SLO Little Theatre) that will front Monterey
Street. San Luis Obispo Repertory Theatre is proposing an approximately 43-foot tall, three-story
structure with a gross floor area of 23,841 square feet. The project also proposes a zone change
and General Plan Amendment of five parcels from the current Office (O) zone and one parcel
from Medium-High Residential (R-3) zone to all being Public Facility (PF) zone.
DISCUSSION
Project Information
Applicant City of San Luis Obispo
Zoning O-H (Office with a Historic Overlay) & R-3 (Medium-High Density Residential)
General Plan Office & Medium-High Density Residential
Site Area ~60,329 s.f. (1.38 acres)
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The project site is composed of six parcels; five are
zoned Office with a Historic Overlay (O-H) and one
is zoned Medium Density Residential (R-3) (see
Figure 1). The parcels currently contain a public
parking lot and five residential structures and a
detached garage. The project site is bounded by
Palm Street to the north, Monterey Street to the
south, and Nipomo Street to the west. The proposed
site is adjacent to residential units to the east, the
Children’s Museum, the future Monterey Place
Project and the Historic Leitcher house to the south,
Mission Prep School to the north and Reis Family
Mortuary to the west.
Table 1: Site Information
Site Size ~60,329 s.f. (1.38 acres)
Present Use & Development Developed with a parking lot and 5 residential units
Topography Sloping
Access Palm Street, Nipomo Street and Monterey Street
Surrounding Use/Zoning North: R-3 (Medium Density Residential – Mission Prep School)
East: O-H (Office with Historic Overlay – Reis Family Mortuary)
South: P-F-H and C-D-H (Public Facility with a Historic Overlay and Downtown
Commercial with a Historic and Sensitive Site Overlay – Children’s Museum, Leitcher
Building, and future site of Monterey Place)
West: R-3 & O-H (Medium Density Residential and Office with Historic Overlay –
Residential units)
Project Description
The project includes a General Plan Amendment, zone change, Use Permit, and related actions
that would allow for the development of the Palm Nipomo Parking Structure. A summary of
significant project features includes the following:
1. Construct a five-level above-ground parking structure that includes:
a. 400 to 445 parking spaces;
b. 5,000 square feet of commercial space on two levels fronting Nipomo Street; and
c. Maximum height of approximately 50 feet.
2. Construct a new three-story, 23,841 square foot building for the San Luis Obispo
Repertory Theatre (along the Monterey Street frontage) that includes:
a. Basement level - a rehearsal area, workshop, and storage;
b. Main level would be comprised of a main theater with 191 seats and a smaller
theater with 99 reconfigurable seats (a total of 290 seats);
c. Second floor would include offices and a conference room.
d. An entry plaza fronting Monterey Street and improved landscaping near the
sidewalks along Palm Street, Nipomo Street, and Monterey Street; and
e. A maximum height of approximately 43 feet.
Figure 1: Current site zoning; Proposed project site is
outlined in red.
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3. Removal of the existing 77-space surface parking lot and demolition or relocation of the
existing five residential structures and detached garage.
4. Perimeter public improvements including sidewalk enhancements, intersection
improvements and landscaping.
Background
January 22, 2018: The Cultural Heritage Committee (CHC) reviewed Cultural and Tribal
Cultural Resources section of the Draft Environmental Impact Report and provided feedback and
comments.
Figure 2: Proposed site layout of the parking structure with the SLO Repertory Theatre and
office/commercial space.
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February 28, 2018: The Planning Commission reviewed the Draft Environmental Impact Report
(EIR) prepared for the proposed Palm Nipomo Parking Structure project during the public
review period.
Environmental Impact Report (EIR) Conclusions
City staff prepared an Initial Study pursuant to the California Environmental Quality Act
(CEQA), which documents and analyzes potential environmental issue areas and highlights
workscope issues that needed to be further analyzed in an EIR. A Notice of Preparation (NOP) to
prepare an EIR was sent to and posted by the State Clearinghouse on May 3, 2017. The Draft
EIR was available for public comment on December 14, 2017.
The Initial Study, the Draft EIR, and the NOP can be found online at
http://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents/-folder-1903.
Consistent with City Council direction, a Draft EIR was prepared for the project, and distributed
for public review from December 17, 2017 to March 1, 2018. The City held a Cultural Heritage
Committee hearing for the Draft EIR on January 22, 2018 as well as a Planning Commission
hearing on February 28, 2018 to receive public testimony.
The Final EIR concludes that the project will result in significant and unavoidable impacts to:
1. Aesthetics – The scale and massing of the parking structure interrupting the transition
from the Dana Street grouping of historic resources from the remainder of the Downtown
Historic District to the east.
2. Cultural and Tribal Cultural Resources – Removal of two historic resources from the
project site.
3. Noise – Short-term construction noise.
The EIR also finds that there will be significant impacts that can be mitigated to less than
significant in the categories of aesthetics, cultural and tribal cultural resources, transportation, air
quality, biological resources, geology and soils, and hazardous materials. Some impacts related
to aesthetics, cultural resources, noise, and transportation were found to be less than significant.
Table 4 at the beginning of the Final EIR summarizes the project’s impacts and mitigation
measures.
The Final EIR is included in its entirety as a digital attachment to this staff report, available at
the following website: http://www.slocity.org/government/department-directory/community-
development/documents-online/environmental-review-documents/-folder-1903; and a hardcopy
is available for review in the City Clerk’s office and the Community Development Department.
The Final EIR must be certified before or concurrent with an action to approve the proposed
project entitlements. Findings and mitigations identified in the FEIR will be incorporated into the
projects as they complete final design and project entitlements.
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1. CEQA Findings and Statement of Overriding Considerations
Staff is recommending the City Council certify the Final EIR and adopt the attached CEQA
Findings that support the proposed project, including a Statement of Overriding Considerations
to address the identified significant and unavoidable impacts described in the Final EIR. These
are included as an exhibit attached to the Resolution approving the bulk of the project
entitlements (Attachment A).
Alternatives Assessment – Inclusion of Residential Uses
The EIR included alternatives to the project to assess potential impacts if the land uses were
changed in the project. Two alternatives included the assessment of potential residential uses.
Alternative #2 assessed placing 4 residential uses in the second floor of the commercial buildings
fronting on Nipomo Street in lieu of a floor of commercial. Alternative #3 assessed residential in
lieu of the SLO Rep Theatre on the property between the proposed structure and Monterey
Street.
Alternative #2 – The City will not be constructing the building structures that front Nipomo
Street. Rather, it is anticipated that the City will seek private assistance with the construction of
this component via a public-private partnership (P3). The current project anticipates that retail
only will be built as part of the project, Alt # 2 in the EIR reviewed incorporating 4 units of
residential on the second floor of the retail component. The assessment determined that the
impacts of this alternative were very similar to that of the proposed project with only incremental
changes in issues associated with residential uses as opposed to retail. Thus, when an RFP
circulates for the P3 component, it is not anticipated that there will be environmental issues that
would preclude residential. However, it is important to note that residential uses are not fully
compatible with parking structure operations (such as noise, vibration and ventilation) and would
need significant review if proposed as part of the P3 component.
Alternative #3 – Similar to Alternative #2, this alternative assessed residential uses instead of the
SLO Rep Theatre in case the theater project was unable to move forward. The assessment
concluded that residential in lieu of the Theatre would have very similar impacts to the proposed
project with incremental impacts associated with resident increases such as population increase,
and water/wastewater use increases. No additional mitigation measures would be necessary if
this alternative ultimately came to be if the Theatre is unable to move forward and the City
determined a residential use for this area was a preferred alternative.
Next Steps
The environmental review is one piece of the overall review of the Palm Nipomo Parking
Structure Project. The project requires additional review by the Planning Commission,
Architectural Review Commission and ultimately final review and approval by the City Council.
The following are the next steps in the process:
• Staff will prepare an RFP for final design services for the Palm Nipomo Structure with
Council approval anticipated in October 2018. Final design of the project will then
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commence.
• Planning Commission review (with a recommendation to City Council) regarding:
o General Plan Amendment
o Zone Change
o Planning Commission Use Permit
o Maximum Coverage Variance
o Floor to Area Ratio Variance
• Architectural Review Commission review of the project design and site layout.
• City Council final review
CONCURRENCES
The City’s review of the EIR has involved all City departments in the development review
process. Mitigation measures will be implemented to ensure that the project is carried out in a
manner that is consistent with City standards.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Certification of the Final EIR
establishes the environmental impacts the project may have and the resultant mitigation,
monitoring and reporting plans that are required to ensure compliance with the adopted
mitigation measures during the project development and construction. Costs associated with the
Palm Nipomo Parking Structure Project will be discussed at future hearings as the details of the
project are finalized and brought forward for review.
ALTERNATIVE
1. Continue consideration of the Final EIR. The City Council may continue its review of the
Palm Nipomo Parking Structure Project Final EIR to a date certain if additional time or
information is needed to make a decision. If additional information is needed, direction
should be provided to staff so that it can be presented on that date.
Attachments:
a - Resolution
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RESOLUTION NO._____(2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, CERTIFYING THE FINAL EIR FOR THE
PROPOSED PALM NIPOMO PARKING STRUCTURE PROJECT, WHICH
INCLUDES FIVE LEVELS OF PARKING FOR UP TO 445 PARKING
SPACES, 5,000 SQUARE FEET OF COMMERCIAL SPACE, A NON-
PROFIT THEATRE WITH APPROXIMATELY 24,000 SQUARE FEET AND
UP TO 290 THEATRE SEATS, A ZONE CHANGE AND GENERAL PLAN
AMENDMENT FROM THE CURRENT OFFICE (O) ZONE AND MEDIUM-
HIGH RESIDENTIAL (R-3) ZONE TO PUBLIC FACILITY (PF) ZONE,
FOR PROPERTY LOCATED AT 609, 610, 614, 630, 633 PALM STREET AND
970, 972 NIPOMO STREET (EID-0349-2017)
WHEREAS, the City owns certain real property located at 609, 610, 614, 630 and 633 Palm
Street and 970 and 972 Nipomo Street (the Property);
WHEREAS, the City has prepared a Draft Environmental Impact Report (Draft EIR)
to evaluate the potential environmental impacts of constructing a 445-space parking structure,
5,000 square feet of commercial space and 24,000 square feet of theatre space on the
Property (the “Project”);
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted a
public hearing on January 22, 2018 to provide feedback and comments regarding the Cultural and
Tribal Cultural Resources section of the Draft EIR; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing on February 28, 2018 to provide an opportunity for public input and provide feedback and
comment regarding the Draft EIR; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1: Final EIR, CEQA Findings, Mitigation Measures and Mitigation
Monitoring and Reporting Program. Based upon all the evidence, the City Council hereby certifies
the Final Environmental Impact Report (FEIR State Clearinghouse Number 2017051011), adopts a
Mitigation Monitoring and Reporting Program, and adopts the following CEQA Findings and
Mitigation Measures related to the Palm Nipomo Parking Structure Project:
1.The Palm Nipomo Parking Structure Project FEIR was prepared in accordance with the California
Environmental Quality Act (CEQA) and the State CEQA Guidelines, adequately addressing
impacts associated with the proposed Project; and
2.The proposed Project is consistent with the requirements of the FEIR based on the attached
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Resolution No. ______ (2018 Series) Page 2
R______
Findings and Statement of Overriding Considerations prepared consistent with CEQA Guidelines
Sections 15091 and 15093 and described more fully in the attached “Findings of Fact and
Statement of Overriding Considerations” document (Exhibit A) which are incorporated herein by
this reference.
3.All potentially significant effects were analyzed adequately in the referenced FEIR, and reduced
to the extent feasible, provided the following mitigation measures are incorporated into the
project and the Mitigation Monitoring and Reporting Program.
4.Final EIR Mitigation Measures will be incorporated into design and conditions of final approval.
5.The project shall not be approved until such time that a general plan amendment and Zoning
designation changes are approved by the City Council.
FINAL EIR MITIGATION MEASURES
Aesthetics Mitigation
AES-3(a). Lighting Plan. Prior to issuance of building permits, the applicant shall prepare and submit
a comprehensive lighting plan for Architectural Review Committee review and approval. The
lighting plan shall be consistent with the Municipal Code Night Sky Ordinance, and prepared using
guidance and best practices endorsed by the International Dark Sky Association. The lighting plan
shall address all aspects of the lighting, including but not limited to all buildings, infrastructure,
driveways, paths, plazas, safety, and signage. The lighting plan must include identification of all
types, sizes, and intensities of wall mounted building lights and landscape accent lighting, and a
photometric map must be provided. The lighting plan shall include the following:
a.The point source of all exterior lighting shall be shielded from offsite views
b.Light trespass from exterior lights shall be minimized by directing light downward and
utilizing cut-off fixtures or shields
c.Illumination from exterior lights shall be the lowest level allowed by public safety standards
d.Exterior lighting shall be designed to not focus illumination onto exterior walls
e.Any signage visible from offsite shall not be internally laminated
AES-3(b). Glare Reduction. To minimize impacts on residential development in proximity to the
project site, roof and building materials shall be non-reflective, and shall be muted in hues consistent
with standards in the Community Design Guidelines, Section 6.1-C.
Air Quality Mitigation
AQ-1. Fugitive Dust Control Measures. Construction projects shall implement the following dust
control measures so as to reduce PM10 emissions in accordance with San Luis Obispo Air Pollution
Control District (SLOAPCD) requirements.
•Reduce the amount of the disturbed area where possible
•Water trucks or sprinkler systems shall be used during construction in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering frequency shall be required
whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be used
whenever possible
•All dirt stock pile areas shall be sprayed daily as needed
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Resolution No. ______ (2018 Series) Page 3
R______
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any soil
disturbing activities
• Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading shall be sown with a fast germinating, non-invasive grass seed and watered
until vegetation is established
• All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical
soil binders, jute netting, or other methods approved in advance by the SLOAPCD
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible
after grading unless seeding or soil binders are used
• Vehicle speed for all construction vehicles shall not exceed 15 miles per hour (mph) on any
unpaved surface at the construction site
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain
at least two feet of freeboard (minimum vertical distance between top of load and top of
trailer) in accordance with California Vehicle Code Section 23114
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible
• All of these fugitive dust mitigation measures shall be shown on grading and building plans
• The contractor or builder shall designate a person or persons to monitor the fugitive dust
emissions and enhance the implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of
dust offsite. Their duties shall include holidays and weekend periods when work may not be
in progress. The name and telephone number of such persons shall be provided to the
SLOAPCD Compliance Division prior to the start of any grading, earthwork, or demolition.
AQ-2(a). Standard Control Measures for Construction Equipment. The following standard air quality
mitigation measures shall be implemented during construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications
• Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle
diesel fuel (non-taxed version suitable for sue off-road)
• Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State Off-Road Regulation
• Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for
on-road heavy-duty diesel engines, and comply with the State On-Road Regulation
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g., captive or NOX exempt
area fleets) may be eligible by proving alternative compliance
• All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be
posted in the designated queuing areas and or job sites to remind drivers and operators of the
5 minute idling limit
• Diesel idling within 1,000 feet of sensitive receptors is not permitted
• Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors
• Electrify equipment when feasible
• Substitute gasoline-powered in place of diesel-powered equipment, where feasible
• Use alternatively fueled construction equipment onsite where feasible, such as compressed
natural gas, liquefied natural gas, propane or biodiesel
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Resolution No. ______ (2018 Series) Page 4
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AQ-2(b). Best Available Control Technology (BACT) for Construction Equipment. The following
BACT for diesel-fueled construction equipment shall be implemented during construction activities
at the project site, where feasible:
•Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road
compliant engines where feasible
•Repower equipment with the cleanest engines available
•Install California Verified Diesel Emission Control Strategies, such as level 2 diesel
particulate filters (these strategies are listed at: www.arb.ca.gov/diesel/verdev/vt/cvt.htm)
AQ-2(c). Architectural Coating. To reduce ROG and NOX levels during the architectural coating
phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less.
Biological Resources Mitigation
BIO-1. Nesting Bird Protection. To avoid disturbance of nesting and special-status birds, activities
related to the project, including, but not limited to, vegetation removal, ground disturbance, and
construction and demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the breeding season, then a
pre-construction nesting bird survey shall be conducted no more than 3 days prior to initiation of
ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall
be conducted within the Project Boundary, including a 300-foot buffer (500-foot for raptors), on foot,
and within inaccessible areas (i.e., private lands) afar using binoculars to the extent practical. The
survey shall be conducted by a biologist familiar with the identification of avian species known to
occur in the area. If nests are found, an avoidance buffer (which is dependent upon the species, the
proposed work activity, and existing disturbances associated with land uses outside of the site) shall
be determined and demarcated by the biologist with bright orange construction fencing, flagging,
construction lathe, or other means to mark the boundary. All construction personnel shall be notified
as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season.
No ground-disturbing activities shall occur within this buffer until the avian biologist has confirmed
that breeding/nesting is complete and the young have fledged the nest. Encroachment into the buffer
shall occur only at the discretion of the qualified biologist.
Cultural and Tribal Cultural Resources
CR-1. Historical Building Documentation Packages. Impacts to historical resources shall be
minimized through the preparation of archival historic building documentation packages for both 610
and 614 Monterey Street. Prior to issuance of demolition permits, the City of San Luis Obispo shall
ensure that documentation of both properties is completed in the form of a Historic American
Building Survey (HABS)-Like documentation that shall comply with the Secretary of the Interior’s
Standards for Architectural and Engineering Documentation (NPS 1990). The documentation shall
generally follow the HABS Level III requirements and include high-quality digital photographic
recordation of the buildings and their overall setting, detailed historic narrative report, and
compilation of historic research. The documentation shall be completed by a qualified architectural
historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards
for History and/or Architectural History (NPS 1983). Individual archival documentation packages
shall be completed for both properties and offered as donated material to the San Luis Obispo Library
and the History Center of San Luis Obispo County, where it would be available to local researchers.
Completion of this mitigation measure shall be monitored and enforced by the lead agency.
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Resolution No. ______ (2018 Series) Page 5
R______
CR-2(a). Retain a Qualified Principal Investigator. A qualified principal investigator, defined as an
archaeologist who meets the Secretary of the Interior’s Standards for professional archaeology
(hereafter qualified archaeologist), shall be retained to carry out all mitigation measures related to
archaeological resources.
CR-2(b). City of San Luis Obispo Consolidated Approach for Archaeological Investigations.
Mitigation of archaeological resources within the project area shall follow the Consolidated
Approach as outlined in the City of San Luis Obispo Archaeological Resource Preservation Program
Guidelines. The Consolidated Approach shall include (1) the preparation of a Research Design and
Mitigation Plan prepared by the qualified archaeologist and submitted for written approval to the
City’s Community Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location of curation; (2)
monitoring of demolition and clearing of pavement within the project area; (3) fieldwork after the
removal of pavement consisting of a Phase I inventory, Phase 2 Testing and Evaluation, and Phase 3
Data Recovery aimed at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of special studies, such
as faunal analysis, if appropriate, and the curation of recovered artifacts; and (5) the completion of a
technical report documenting the results of the consolidated approach prepared in accordance with
current professional standards and submitted to the Director.
CR-2(c). Archaeological Monitoring. An archaeological monitor shall be present for all project-
related ground-disturbing construction activities. The monitor(s) shall be onsite on a full-time basis
during earthmoving activities, including grading, trenching, vegetation removal, or other excavation
activities. Under consultation between the qualified archaeologist and the City, monitoring may be
reduced or eliminated based on observed conditions.
CR-2(d). Unanticipated Discovery of Archaeological Resources. In the event that cultural resources
are encountered during the implementation of mitigation measures CR -2b or CR-2c, all work shall
be halted in the vicinity of the discovery until a qualified archaeologist can assess the significance of
the resource. If the resources are found to be significant, they must be avoided or mitigated pursuant
to the qualified archaeologist’s direction and the testing plan outlined under MM CR-2b. Mitigation
may involve preservation in place or documentation and excavation of the resource. A report by the
archaeologist evaluating the find and identifying mitigation actions taken shall be submitted to the
City.
CR-3(a). Qualified Project Paleontologist. A qualified project paleontologist, defined as a
paleontologist who meets the standards of the SVP (2010), shall be retained to carry out all mitigation
measures related to paleontological resources.
CR-3(b). Worker Environmental Awareness Program (WEAP). Prior to the start of construction, the
project paleontologist or his or her designee shall conduct training for construction personnel
regarding the appearance of fossils and the procedures for notifying paleontol ogical staff should
fossils be discovered by construction staff. The WEAP shall be fulfilled at the time of a
preconstruction meeting at which a qualified paleontologist shall attend.
CR-3(c). Paleontological Monitoring. Ground-disturbing construction activities (including grading,
trenching, foundation work, and other excavations) in previously undisturbed sediments that exceed
10 feet in depth shall be monitored on a full-time basis during initial ground disturbance. Monitoring
shall be conducted by a qualified paleontological monitor, who is defined as an individual who has
experience with collection and salvage of paleontological resources and meets the minimum
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standards of the SVP (2010). The duration and timing of the monitoring will be determined by the
project paleontologist and the location and extent of proposed ground disturbance. If the project
paleontologist determines that full-time monitoring is no longer warranted, based on the specific
geologic conditions at the surface or at depth, the project paleontologist may recommend that
monitoring be reduced to periodic spot-checking or cease entirely. Monitoring is not necessary in
artificial fill or for activities that do not reach 10 feet in depth.
CR-3(d). Fossil Discoveries. In the event of a fossil discovery by the paleontological monitor or
construction personnel, all work in the immediate vicinity of the find shall cease. The project
paleontologist shall evaluate the find before restarting construction activity in the area. If it is
determined that the fossil(s) is (are) scientifically significant, the project paleontologist shall
complete the following conditions to mitigate impacts to significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor) shall recover
significant fossils following standard field procedures for collecting paleontological
resources, as described by the SVP (2010). Typically, fossils can be safely salvaged quickly
by a single paleontologist and not disrupt construction activity. In some cases, larger fossils
(such as complete skeletons or large mammal fossils) require more extensive excavation and
longer salvage periods. In this case the paleontologist shall have the authority to temporarily
direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe
and timely manner.
2) Preparation and Curation of Recovered Fossils. Once salvaged, significant fossils shall be
identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and
curated in a scientific institution with a permanent paleontological collection (such as the
University of California Museum of Paleontology), along with all pertinent field notes,
photos, data, and maps. Fossils of undetermined significance at the time of collection may
also warrant curation at the discretion of the project paleontologist.
Geology and Soils Mitigation
GEO-1. Minimization of Expansive Soil Hazards. Once the final maximum loads of the project have
been determined, a design-level geotechnical report shall be prepared that identifies the most
appropriate geotechnical improvements to onsite soils, the foundation, and parking structure to
minimize expansive soil hazards. Recommendations could include, but are not limited to the
following:
• Use imported non-expansive materials combined with pre-moistening of the soils to provide
protection for slabs and flatwork
• Provide a layer of non-expansive material 18 to 24 inches thick
• Use post-tensioned slabs-on-grade
• Implement shoring methods, such as shotcrete-faced soil nail walls, tangent drilled caissons,
whaler-braced retaining walls, and steel I-beam and lagging walls
• Use over-excavation and recompaction
• Utilize a deep foundation system, such as caissons or rammed aggregate piers
• A certified soils engineer shall be retained for monitoring during construction of the project.
The certified soils engineer shall also provide any necessary soil testing during construction,
to ensure compliance with the design-level geotechnical report, and to provide site-specific
guidance as subsurface materials are encountered.
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Hazardous Materials Mitigation
HAZ-1. Hazardous Materials Soil Sampling and Remediation. Prior to issuance of grading permits,
additional soil samples testing for total petroleum hydrocarbons shall be performed. A work plan
shall be completed to address the sampling protocols to be followed, as well as the number of
samples to be taken and the chemical analysis required. Upon City of San Luis Obispo approval, the
work plan shall be implemented and the results of the soil sampling shall be forwarded to the City
of San Luis Obispo. The City shall review the data to determine if any additional investigation or
remedial activities are deemed necessary. No work shall resume in that area until the lead local
regulatory agency has provided written authorization that the area does not warrant any addi tional
action.
If concentrations of contaminants warrant remediation, contaminated materials shall be remediated
either prior to or concurrent with construction. Remediation shall generally include a management
plan which establishes design and implementation of remediation. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of conditions subject to regulatory action. All
necessary reports, regulations and permits shall be followed to achieve cleanup of the site. The
contaminated materials shall be remediated under the supervision of an environmental consultant
licensed to oversee such remediation and under the direction of the lead oversight agency. The
remediation program shall also be approved by the San Luis Obispo Fire Department. All proper
waste handling and disposal procedures shall be followed. Upon completion of the remediation, the
environmental consultant shall prepare a report summarizing the project, the remediation approach
implemented, and the analytical results after completion of the remediation, including all waste
disposal or treatment manifests.
Noise Mitigation
N-1(a). Construction Vehicle Travel Route. Construction vehicles and haul trucks shall utilize
roadways which avoid residential neighborhoods and sensitive receptors where possible. The
applicant shall submit a proposed construction vehicle and hauling route for City review and
approval prior to grading/building permit issuance. The approved construction vehicle and hauling
route shall be used for all construction vehicles and hauling trips during the duration of construction.
N-1(b). Construction Activity Timing. 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 daily
between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays, holidays, or after sunset, where
that operation creates a noise disturbance that exceeds 75 dBA for single family residential, 80 dBA
for multi-family residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line for a maximum of 10 days. For construction activities lasting
more than 10 days, noise from construction equipment shall not exceed 60 dBA for single family
residential, 65 dBA for multi-family residential, and 70 dBA for mixed residential/commercial land
uses across a residential or commercial property line.
N-1(c). Construction Equipment Best Management Practices (BMPs). For all construction activity
at the project site, noise attenuation techniques shall be employed to reduce noise levels to extent
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feasible in accordance with the City of San Luis Obispo Municipal Co de, Title 9, Chapter 9.12
(Noise Control). Such techniques shall include:
• Sound blankets on noise-generating equipment
• Stationary construction equipment that generates noise levels above 60 dBA at the project
boundaries shall be shielded with barriers that meet a sound transmission class (a rating of
how well noise barriers attenuate sound) of 25
• All diesel equipment shall be operated with closed engine doors and shall be equipped with
factory-recommended mufflers
• For stationary equipment, the applicant shall designate equipment areas with appropriate
acoustic shielding on building and grading plans. Equipment and shielding shall be installed
prior to construction and remain in the designated location throughout construction activities
• Electrical power shall be used to power air compressors and similar power tools
• 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 7:00
AM and 7:00 PM, Monday through Saturday and no movement of heavy equipment shall
occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day)
• Temporary sound barriers shall be constructed between construction sites and affected uses
N-1(d). Neighborhood Property Owner Notification and Construction Noise Complaints. The
contractor shall inform residents and business operators at properties within 300 feet of the project
site of proposed construction timelines and noise complaint procedures to minimize potential
annoyance related to construction noise. Proof of mailing the notices shall be provided to the
Community Development Department before the City issues a zoning clearance. Signs shall be in
place before beginning of and throughout grading and construction activities. Noise-related
complaints shall be directed to the City’s Community Development Department.
N-4. Coordination of Construction Timing. Prior to the issuance of grading permits, the City of San
Luis Obispo shall review and coordinate the construction schedules of any other projects within 300
feet of the project to ensure that construction schedules do not overlap.
Transportation Mitigation
T-1. Construction Management Plan. Prior to the issuance of each building permit, the construction
contractor shall meet with the Public Works department to determine traffic management strategies
to reduce, to the maximum extent feasible, traffic congestion and the effects of parking demand by
construction workers during construction of this project. The construction contractor will develop a
construction management plan for review and approval by the Public Works department. The plan
shall include at least the following items and requirements:
• A set of comprehensive traffic control measures, including scheduling of major truck trips
and deliveries to avoid peak traffic and pedestrian hours, detour signs if required, lane closure
procedures, sidewalk closure procedures, signs, cones for drivers, and designated
construction access routes.
• Notification procedures for adjacent property owners and public safety personnel regarding
when major deliveries, detours, and lane closures will occur.
• Location of construction staging areas for materials, equipment, and vehicles (must be
located on the project site).
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• Identification of haul routes for movement of construction vehicles that would minimize
impacts on vehicular and pedestrian traffic, circulation and safety; and provision for
monitoring surface streets used for haul routes so that any damage and debris attributable to
the haul trucks can be identified and corrected by the project applicant.
• Temporary construction fences to contain debris and material and to secure the site.
• Provisions for removal of trash generated by project construction activity.
• A process for responding to and tracking complaints pertaining to construction activity.
• Provisions for monitoring surface streets used for truck routes so that any damage and debris
attributable to the trucks can be identified and corrected.
• It is anticipated that this Construction Traffic Management Plan would be developed in the
context of a larger Construction Management Plan, which would address other issues such
as hours of construction onsite, limitations on noise and dust emissions, and other applicable
items.
T-3. Pedestrian Access. Subject to approval of the Public Works Director, the City shall incorporate
improvements to the intersections of Dana Street/Nipomo Street and Monterey Street/Nipomo Street
to enhance pedestrian safety and accessibility. The improvements shall be consistent with the City’s
Circulation Element and Downtown Physical Concept Plan (2017) and shall balance the needs of
each mode of use. At a minimum the project should consider:
• High visibility crosswalk, or other intersection enhancements, with directional curb ramps
across Nipomo Street from the northwest corner of Dana Street/Nipomo Street to the
southwest corner of the parking structure.
• High visibility crosswalk, or other intersection enhancements, with directional curb ramps
from the southeast corner of Monterey Street/Nipomo Street across Nipomo Street.
• Standard crosswalks, or other intersection enhancements, with directional curb ramps across
Monterey Street and Dana Street where they intersect with Nipomo Street.
• Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street and the northeast
corner of Monterey Street/Nipomo Street.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July 2018.
____________________________________
Mayor Heidi Harmon
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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
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Findings of Fact and Statement of Overriding Considerations EXHIBIT A
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SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo considers and relies on the Final Environmental
Impact Report ([EIR] State Clearinghouse Number 2017051011) for the Palm Nipomo Parking
Structure Project in determining if it will carry out the project. The Final EIR consists of the Draft
EIR, responses to comments on the Draft EIR, a list of persons and agencies commenting on the
Draft EIR, a Mitigation Monitoring and Reporting Program, and technical appendices. The City
Council has received, reviewed, considered, and relied on the information contained in the Final EIR,
as well as information provided at hearings and submissions of testimony from official participating
agencies, the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code (PRC) require a lead agency to adopt findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
▪ Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
▪ Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
▪ Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the Final EIR.
The CCR Title 14, §15091(b) requires that the City’s findings be supported by substantial evidence
in the record. Accordingly, the lead agency’s record consists of the following (on file at the City
Community Development Department office, San Luis Obispo, California):
▪ Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the lead agency during public review and the public hearings on the Palm
Nipomo Parking Structure Project
▪ The City of San Luis Obispo Palm Nipomo Parking Structure Project Final Environmental
Impact Report (July 2018)
In addition to making a finding for each significant impact, if the lead agency approves a project
without mitigating all of the significant impacts, it must prepare a statement of overriding
considerations that balances the benefits of the project against the unavoidable environmental risks.
The statement of overriding considerations must explain the social, economic, or other reasons for
approving the project despite its environmental impacts (14 CCR 15093, PRC §21081).
This document contains the findings and statement of overriding considerations for the approval of
the Palm Nipomo Parking Structure Project and reflects the City’s independent judgment. This
document incorporates by reference the Final EIR. The EIR and other portions of the administrative
record are available for review at the following location:
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Findings of Fact and Statement of Overriding Considerations EXHIBIT A
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City of San Luis Obispo
Public Works Department
Contact: Scott Lee, Parking Manager
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7203
Having received, reviewed, and considered the foregoing information, as well as any and all
information in the record, the City Council of the City of San Luis Obispo hereby makes these
findings pursuant to, and in accordance with, Public Resources Code §21081.
SECTION 2. PROJECT DESCRIPTION
2.1 Proposed Project
The Palm Nipomo Parking Structure project consists of a zone change and general plan amendment
of five parcels from the Office (O-H) zone and one parcel from the Medium-High Residential (R-3)
zone to the Public Facility (PF-H) zone. The project would include the removal of an existing
77-space surface parking lot and five existing residential structures, and construction of a five-level
parking structure, commercial space, and non-profit theater.
The parking structure would provide up to 445 parking spaces. Main vehicular access to the structure
would be from Palm Street, with secondary access from Nipomo Street. Vehicle access would not be
provided from Monterey Street, but a direct pedestrian connection would be provid ed from the
structure to Monterey Street. The parking structure’s maximum height would be 50 feet, excluding
elevator towers.
The project would also include 5,000 square feet of commercial space on two levels fronting Nipomo
Street. The maximum height of the commercial space would be 41 feet above existing grade. In
addition, the project would include a new structure for the San Luis Obispo Little Theatre (now the
San Luis Obispo Repertory Theatre or SLO REP) that would front Monterey Street. The theater
would be a three-story structure with 290 seats and a gross floor area of roughly 23,841 square feet.
Entry to the theater would be provided at the street level through a public plaza along Monterey
Street. The street-level plaza would include a public seating area and incorporate public art. The
maximum height of the theater would be approximately 43 feet above existing grade. Section 2.5,
Project Characteristics, of the Final EIR provides a detailed description of the project.
2.2 Project Objectives
The City’s objectives for the Palm Nipomo Parking Structure project include the following:
1. Provide a minimum of 400 parking spaces
2. Accommodate cultural uses on Monterey Street in front of the parking structure
3. Include a pedestrian-level public use plaza area at the corner of Nipomo and Monterey Streets
4. Provide a direct pedestrian connection from the parking structure to Monterey Street
5. Preserve the large oak tree on-site
6. Consider contextual sensitivity of surrounding properties (e.g., Lattimer-Hayes adobe)
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SECTION 3. ENVIRONMENTAL IMPACT REPORT
3.1 Background
The Final EIR was prepared in compliance with CEQA and the State CEQA Guidelines. In
accordance with Section 15121 of the State CEQA Guidelines, the Final EIR serves as an
informational document for the public and City of San Luis Obispo decision makers. The Final EIR
contains a project-level environmental review that fulfills the requirement of a project-level EIR. As
defined in CEQA Guidelines Section 15161, a project-level EIR:
…examines the environmental impacts of a specific development project. This type of EIR
should focus primarily on the changes in the environment that would result from the
development project. The EIR shall examine all phases of the project including planning,
construction, and operation.
In accordance with Section 15088 of the State CEQA Guidelines, the Draft EIR was circulated for a
78-day public review period that began December 14, 2017 and concluded on March 1, 2018; the
City accepted comment letters through March 10, 2018. The City held a Cultural Heritage Committee
hearing for the project on January 22, 2018 and a public Planning Commission hearing on February
28, 2018 to receive public testimony in the form of verbal comments on the Draft EIR.
The response to comments section of the Final EIR (Section 8, Response to Comments on the Draft
EIR) includes each written and verbal comment received by the City. The Final EIR consists of the
Draft EIR, responses to comments on the Draft EIR, a list of persons and agencies commenting on
the Draft EIR, a Mitigation Monitoring and Reporting Program, and technical appendices.
3.2 Impact Analysis
Three categories of impacts are identified in the Final EIR:
Class I Class I impacts are significant and unavoidable. To approve a project resulting in Class I
impacts, the CEQA Guidelines require decision makers to make findings of overriding
consideration that “specific legal, technological, economic, social, or other considerations
make infeasible the mitigation measures or alternatives identified in the EIR.”
Class II Class II impacts are significant but can be mitigated to a level of insignificance by
mitigation measures identified in the EIR. When approving a project with Class II
impacts, the decision makers must make findings that changes or alternatives to the
project have been incorporated that reduce the impacts to a less than significant level.
Class III Class III impacts are adverse but not significant.
SECTION 4. FINDINGS FOR EFFECTS DETERMINED TO BE LESS THAN
SIGNIFICANT WITH MITIGATION
This section identifies impacts that can be fully avoided or reduced to a less-than-significant level
through the incorporation of feasible mitigation measures into the project, as identified in the Final
EIR.
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4.1 Aesthetics
1. Impact AES-3: Implementation of the project would result in an increase in nighttime
lighting and daytime glare. With implementation of Mitigation Measures AES-3(a), Lighting Plan,
and AES-3(b), Glare Reduction, that require preparation and approval of a comprehensive lighting
plan consistent with the Municipal Code Night Sky Ordinance and use of non-reflective materials,
the increase would not adversely affect day or nighttime views in the area and this impact would be
reduced to a less than significant level (refer to pages 56-57 of the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce light and glare
impacts from the project.
Mitigation Measure AES-3(a) Lighting Plan. Prior to issuance of building
permits, the applicant shall prepare and submit a comprehensive lighting plan
for Architectural Review Committee review and approval. The lighting plan
shall be consistent with the Municipal Code Night Sky Ordinance, and prepared
using guidance and best practices endorsed by the International Dark Sky
Association. The lighting plan shall address all aspects of the lighting, including
but not limited to all buildings, infrastructure, driveways, paths, plazas, safety,
and signage. The lighting plan must include identification of all types, sizes, and
intensities of wall mounted building lights and landscape accent lighting, and a
photometric map must be provided. The lighting plan shall include the
following:
a. The point source of all exterior lighting shall be shielded from offsite views.
b. Light trespass from exterior lights shall be minimized by directing light
downward and utilizing cut-off fixtures or shields.
c. Lumination from exterior lights shall be the lowest level allowed by public
safety standards.
d. Exterior lighting shall be designed to not focus illumination onto exterior
walls.
e. Any signage visible offsite shall not be internally laminated.
AES-3(b) Glare Reduction. To minimize impacts on residential development
in proximity to the project site, roof and building materials shall be non-
reflective, and shall be muted in hues consistent with standards in the
Community Design Guidelines, Section 6.1-C.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Cumulative Impact - Light and Glare. Cumulative development would be subject to similar
existing City regulations pertaining to light and glare as discussed under Impact AES-3. New
sources of light and glare in the boundaries of the city would be evaluated on a case-by-case
basis to ensure compatibility with surrounding uses. While the proposed project would
introduce new sources of light and glare in the project area, implementation of mitigation
measures AES-3(a), Lighting Plan, and AES-3(b), Glare Reduction, would ensure lighting
and glare would be compatible with surrounding uses and comply with existing policies.
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Design review procedures would reduce impacts on a project-by-project basis. Therefore, the
project’s impacts to light and glare would not be cumulatively considerable (refer to pages
56-57 of the Final EIR).
a. Mitigation: Mitigation Measure AES-3(a) and AES-3(b) are required to reduce light and
glare impacts from the project.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.2 Air Quality
1. Construction Emissions: Construction of the project would generate temporary increases in
localized air pollutant emissions (fugitive dust, ozone precursors, and diesel particulate matter
emissions). The estimated construction emissions associated with the project and would be below the
San Luis Obispo Air Pollution Control District (SLOAPCD) thresholds and would not introduce new
hazardous air pollutants to the area, but in accordance with the standards of the SLOPACD CEQA
Handbook, standard mitigation measures are required because sensitive receptors are located within
1,000 feet of the project site and because the South Coast Air Basin is in non -attainment for PM10.
Implementation of mitigation measures AQ-1, Fugitive Dust Control Measures, AQ-2(a), Standard
Control Measures for Construction Equipment, AQ-2(b), Best Available Control Technology for
Construction Equipment, and AQ-2(c), Architectural Coating, are required to reduce fugitive dust,
ozone precursors, and diesel particulate matter emissions from the project in accordance with
SLOAPCD requirements. With implementation of mitigation measures AQ -1 and AQ-2(a) through
AQ-2(c), this impact would be reduced to a less than significant level (refer to pages 127 -129 of the
Final EIR).
a. Mitigation: The following mitigation measures are required to address project
construction emissions.
Mitigation Measure AQ-1 Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures so as to reduce
PM10 emissions in accordance with SLOAPCD requirements.
▪ Reduce the amount of the disturbed area where possible
▪ Water trucks or sprinkler systems shall be used during construction in
sufficient quantities to prevent airborne dust from leaving the site. Increased
watering frequency shall be required whenever wind speeds exceed 15 mph.
Reclaimed (non-potable) water shall be used whenever possible
▪ All dirt stock pile areas shall be sprayed daily as needed
▪ Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as possible
following completion of any soil disturbing activities
▪ Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading shall be sown with a fast germinating, non -
invasive grass seed and watered until vegetation is established
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▪ All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the SLOAPCD
▪ All roadways, driveways, sidewalks, etc. to be paved shall be completed as
soon as possible after grading unless seeding or soil binders are used
▪ Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site
▪ All trucks hauling dirt, sand, soil, or other loose materials are to be covered
or shall maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with California Vehicle
Code Section 23114
▪ Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site
▪ Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible
▪ All of these fugitive dust mitigation measures shall be shown on grading and
building plans
▪ The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below 20
percent opacity, and to prevent transport of dust offsite. Their duties shall
include holidays and weekend periods when work may not be in progress.
The name and telephone number of such persons shall be provided to the
SLOAPCD Compliance Division prior to the start of any grading, earthwork
or demolition
Mitigation Measure AQ-2(a) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation measures shall be
implemented during construction activities at the project site:
▪ Maintain all construction equipment in proper tune according to
manufacturer’s specifications
▪ Fuel all off-road and portable diesel powered equipment with ARB certified
motor vehicle diesel fuel (non-taxed version suitable for sue off-road)
▪ Use diesel construction equipment meeting ARB’s Tier 2 certified engines
or cleaner off-road heavy-duty diesel engines, and comply with the State
Off-Road Regulation
▪ Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines, and comply
with the State On-Road Regulation
▪ Construction or trucking companies with fleets that do not have engines in
their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOX exempt area fleets) may be eligible by
proving alternative compliance
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▪ All on and off-road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and or job sites to
remind drivers and operators of the 5 minute idling limit
▪ Diesel idling within 1,000 feet of sensitive receptors is not permitted
▪ Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors
▪ Electrify equipment when feasible
▪ Substitute gasoline-powered in place of diesel-powered equipment, where
feasible
▪ Use alternatively fueled construction equipment on-site where feasible, such
as compressed natural gas, liquefied natural gas, propane or biodiesel
Mitigation Measure AQ-2(b) Best Available Control Technology for
Construction Equipment. The following best available technology for diesel-
fueled construction equipment shall be implemented during construction
activities at the project site, where feasible:
▪ Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road
and 2010 on-road compliant engines where feasible
▪ Repowering equipment with the cleanest engines available
▪ Installing California Verified Diesel Emission Control Strategies, such as
level 2 diesel particulate filters. These strategies are listed at
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
Mitigation Measure AQ-2(c) Architectural Coating. To reduce ROG and
NOX levels during the architectural coating phase, low or no VOC-emission
paint shall be used with levels of 50 g/L or less.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.3 Biological Resources
1. Wildlife Movement: Construction of the project would involve general construction activity
and tree removal that may affect protected nesting birds. With implementation of Mitigation
Measure BIO-1, Nesting Bird Protection, this impact would be reduced to a less than
significant level (refer to page 129 and 130 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce impacts to protected
nesting birds.
Mitigation Measure BIO-1 Nesting Bird Protection. To avoid disturbance of
nesting and special-status birds, activities related to the project, including, but
not limited to, vegetation removal, ground disturbance, and construction and
demolition shall occur outside of the bird breeding season (typically February
through August in the project region). If construction must begin within the
breeding season, then a pre-construction nesting bird survey shall be conducted
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no more than 3 days prior to initiation of ground disturbance and vegetation
removal activities. The nesting bird pre-construction survey shall be conducted
within the Project Boundary, including a 300-foot buffer (500-foot for raptors),
on foot, and within inaccessible areas (i.e., private lands) afar using binoculars
to the extent practical. The survey shall be conducted by a biologist familiar with
the identification of avian species known to occur in the area. If nests are found,
an avoidance buffer (which is dependent upon the species, the proposed work
activity, and existing disturbances associated with land uses outside of the site)
shall be determined and demarcated by the biologist with bright orange
construction fencing, flagging, construction lathe, or other means to mark the
boundary. All construction personnel shall be notified as to the existence of the
buffer zone and to avoid entering the buffer zone during the nesting season. No
ground-disturbing activities shall occur within this buffer until the avian
biologist has confirmed that breeding/nesting is completed and the young have
fledged the nest. Encroachment into the buffer shall occur only at the discretion
of the qualified biologist.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.4 Cultural and Tribal Cultural Resources
1. Impact CR-2: Construction of the project would include ground disturbance that could result
in impacts to previously unidentified archaeological resources. Implementation of mitigation
measures CR-2(a), Retain a Qualified Principal Investigator, CR-2(b), City of San Luis
Obispo Consolidated Approach for Archaeological Investigations, CR-2(c), Archaeological
Monitoring, and CR-2(d), Unanticipated Discovery of Archaeological Resources, would
reduce impacts to archaeological resources to a less than significant level (refer to page 75 of
the Final EIR).
a. Mitigation: The following mitigation measures are required to reduce potential impacts to
archaeological resources.
Mitigation Measure CR-2(a) Retain a Qualified Principal Investigator. A
qualified principal investigator, defined as an archaeologist who meets the
Secretary of the Interior’s Standards for professional archaeology (hereafter
qualified archaeologist), shall be retained to carry out all mitigation measures
related to archaeological resources.
Mitigation Measure CR-2(b) City of San Luis Obispo Consolidated
Approach for Archaeological Investigations. Mitigation of archaeological
resources within the project area shall follow the Consolidated Approach as
outlined in the City of San Luis Obispo Archaeological Resource Preservation
Program Guidelines. The Consolidated Approach shall include (1) the
preparation of a Research Design and Mitigation Plan prepared by the qualified
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archaeologist and submitted for written approval to the City’s Community
Development Director (Director), which shall include but not be limited to the
research design, laboratory and field methods, public interpretation, and location
of curation; (2) monitoring of demolition and clearing of pavement within the
project area; (3) fieldwork after the removal of pavement consisting of a Phase
I inventory, Phase 2 Testing and Evaluation, and Phase 3 Data Recovery aimed
at locating archaeological remains, evaluating their significance and integrity,
and mitigating impacts through data recovery excavation; (4) the completion of
special studies, such as faunal analysis, if appropriate, and the curation of
recovered artifacts; and (5) the completion of a technical report documenting the
results of the consolidated approach prepared in accordance with current
professional standards and submitted to the Director.
Mitigation Measure CR-2(c) Archaeological Monitoring. An archaeological
monitor shall be present for all project-related ground-disturbing construction
activities. The monitor(s) shall be on-site on a full-time basis during
earthmoving activities within native soils, including grading, tr enching,
vegetation removal, or other excavation activities. Under consultation between
the qualified archaeologist and the City, monitoring may be reduced or
eliminated based on observed conditions.
Mitigation Measure CR-2(d) Unanticipated Discovery of Archaeological
Resources. In the event that cultural resources are encountered during the
implementation of Mitigation Measures CR-2(b) or CR-2(c), all work shall be
halted in the vicinity of the discovery until a qualified archaeologist can assess
the significance of the resource. If the resources are found to be significant, they
must be avoided or mitigated pursuant to the qualified archaeologist’s direction
and the testing plan outlined under Mitigation Measure CR-2(b). Mitigation may
involve preservation in place or documentation and excavation of the resource.
A report by the archaeologist evaluating the find and identifying mitigation
actions taken shall be submitted to the City.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact CR-3: Construction of the project would result in ground disturbance that could
indirectly or directly destroy a unique paleontological resource. With implementation of
mitigation measures CR-3(a), Retain a Qualified Project Paleontologist, CR-3(b),
Paleontological Worker Environmental Awareness Program, and CR-2(d), Fossil
Discoveries, this impact would be reduced to a less than significant level (refer to page 77 of
the Final EIR).
a. Mitigation: The following mitigation measures would reduce potential impacts to
paleontological resources to a less than significant level.
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Mitigation Measure CR-3(a) Retain a Qualified Project Paleontologist. A
qualified project paleontologist, defined as a paleontologist who meets the
standards of the SVP (2010), shall be retained to carry out all mitigation
measures related to paleontological resources.
Mitigation Measure CR-3(b) Paleontological Worker Environmental
Awareness Program. Prior to the start of construction, the project
paleontologist or his or her designee shall conduct training for construction
personnel regarding the appearance of fossils and the procedures for notifying
paleontological staff should fossils be discovered by construction staff. The
WEAP shall be fulfilled at the time of a preconstruction meeting at which a
qualified paleontologist shall attend.
Mitigation Measure CR-3(c) Paleontological Monitoring. Ground-disturbing
construction activities (including grading, trenching, foundation work, and other
excavations) in previously undisturbed sediments that exceed 10 feet in depth
shall be monitored on a full-time basis during initial ground disturbance.
Monitoring shall be conducted by a qualified paleontological monitor, who is
defined as an individual who has experience with collection and salvage of
paleontological resources and meets the minimum standards of the SVP (2010).
The duration and timing of the monitoring will be determined by the project
paleontologist and the location and extent of proposed ground disturbance. If the
project paleontologist determines that full-time monitoring is no longer
warranted, based on the specific geologic conditions at the surface or at depth,
the project paleontologist may recommend that monitoring be reduced to
periodic spot-checking or cease entirely. Monitoring is not necessary in artificial
fill or for activities that do not reach 10 feet in depth.
Mitigation Measure CR-3(d) Fossil Discoveries. In the event of a fossil
discovery by the paleontological monitor or construction personnel, all work in
the immediate vicinity of the find shall cease. The project paleontologist shall
evaluate the find before restarting construction activity in the area. If it is
determined that the fossil(s) is (are) scientifically significant, the project
paleontologist shall complete the following conditions to mitigate impacts to
significant fossil resources:
1) Salvage of Fossils. The project paleontologist (or paleontological monitor)
should recover significant fossils following standard field procedures for
collecting paleontological resources, as described by the SVP (2010).
Typically, fossils can be safely salvaged quickly by a single paleontologist
and not disrupt construction activity. In some cases larger fossils (such as
complete skeletons or large mammal fossils) require more extensive
excavation and longer salvage periods. In this case the paleontologist
should have the authority to temporarily direct, divert, or halt construction
activity to ensure that the fossil(s) can be removed in a safe and timely
manner.
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2) Preparation and Curation of Recovered Fossils. Once salvaged, significant
fossils should be identified to the lowest possible taxonomic level, prepared
to a curation-ready condition, and curated in a scientific institution with a
permanent paleontological collection (such as the University of California
Museum of Paleontology), along with all pertinent field notes, photos, data,
and maps. Fossils of undetermined significance at the time of collection
may also warrant curation at the discretion of the project paleontologist.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact CR-5: Ground-disturbing activities associated with construction of the project have
the potential to disturb unidentified human remains. Discovery of human remains during
project excavation would require compliance with Health and Safety Code §7050.5 and
California PRC §5097.94 and §5097.98. PRC §5097.98 also addresses the disposition of
Native American burials, protects such remains, and established the Native American
Heritage Commission to resolve any related disputes. Compliance with Health and Safety
Code §7050.5 and PRC §5097.94 and §5097.98 would ensure that unanticipated discovery of
human remains during project excavation, including those interred outside of formal
cemeteries, would be addressed appropriately by the county coroner and the California Native
American Heritage Commission (if required). In addition, with implementation of Mitigation
Measure CR-2(d), Unanticipated Discovery of Archaeological Remains Resources, this
impact would be reduced to a less than significant level (refer to page 79 of the Final EIR).
a. Mitigation: Compliance with existing regulations and implementation of Mitigation
Measure CR-2(d), Unanticipated Discovery of Archaeological Remains
Resources, would ensure that potential impacts to human remains and burial
grounds would be less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4. Cumulative Impact – Archaeological, Paleontological, and Tribal Cultural Resources:
Planned buildout of the City of San Luis Obispo under the General Plan would cumulatively
increase the potential for adverse effects on cultural and tribal cultural resources in the city.
The project would incrementally contribute to this cumulative effect. Generally, impacts to
cultural and tribal cultural resources are site-specific. Accordingly, as required under
applicable laws and regulations, potential impacts associated with cumulative developments
would be addressed on a case-by-case basis. The project, along with other cumulative projects
in the city, would be required to comply with existing state and local regulations that address
the protection of cultural and tribal cultural resources in the city. With implementation of
mitigation measures CR-2(a) through CR-2(d), and CR-3(a) through CR-3(d), the project
would reduce potential impacts to archaeological and/or paleontological resources to less than
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significant levels. In addition, the project would result in a less than significant impact on
tribal cultural resources. Therefore, the project would not contribute substantially to the
cumulative loss of archaeological, paleontological, or tribal cultural resources in the city.
a. Mitigation: Compliance with existing regulations and mitigation measures CR-2(a)
through CR-2(d), and CR-3(a) through CR-3(d), would ensure the project’s
contribution to cumulative potential impacts would be less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.5 Geology and Soils
1. Expansive Soils: Implementation of the project would occur on soils that have moderate to
high expansion potential. With implementation of Mitigation Measure GEO-1, Minimization
of Expansive Soil Hazards, this impact would be reduced to a less than significant level (refer
to page 130 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce impacts related to
expansive soils.
Mitigation Measure GEO-1 Minimization of Expansive Soil Hazards. Once
the final maximum loads of the project have been determined, a design-level
geotechnical report shall be prepared that identifies the most appropriate
geotechnical improvements to on-site soils, the foundation, and parking
structure to minimize expansive soil hazards. Recommendations could include,
but are not limited to the following:
▪ Use of imported non-expansive materials combined with pre-moistening of
the soils to provide protection for slabs and flatwork
▪ A layer of non-expansive material 18 to 24 inches thick
▪ Post-tensioned slabs-on-grade
▪ Shoring methods, such as shotcrete-faced soil nail walls, tangent drilled
caissons, whaler-braced retaining walls, and steel I-beam and lagging walls
▪ Overexcavation and recompaction
▪ Utilization of a deep foundation system, such as caissons, driven piles, or
rammed aggregate piers
A certified soils engineer shall be retained for monitoring during construction of
the project. The certified soils engineer shall also provide any necessary soil
testing during construction, to ensure compliance with the design-level
geotechnical report, and to provide site-specific guidance as subsurface
materials are encountered.
b. Finding: The City finds that changes or alterations have been required in or incorporated
into the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
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4.6 Hazards and Hazardous Materials
1. Hazardous Materials: Construction of the project would require excavation and removal of
existing fill that has the potential to be contaminated. Therefore, construction activities could
expose workers to contaminated soil on-site. With implementation of Mitigation Measure
HAZ-1, Hazardous Materials Soil Sampling and Remediation, this impact would be reduced
to a less than significant level (refer to pages 131-132 of the Final EIR).
a. Mitigation: The following mitigation measure would reduce impacts associated with
contaminated soils.
Mitigation Measure HAZ-1 Hazardous Materials Soil Sampling and
Remediation. Prior to issuance of grading permits, additional soil samples
testing for total petroleum hydrocarbons shall be performed. A work plan shall
be completed to address the sampling protocols to be followed, as well as the
number of samples to be taken and the chemical analysis required. Upon City of
San Luis Obispo approval, the work plan shall be implemented and the results
of the soil sampling shall be forwarded to the City of San Luis Obispo. The City
shall review the data to determine if any additional investigation or remedial
activities are deemed necessary. No work shall resume in that area until the lead
local regulatory agency has provided written authorization that the area does not
warrant any additional action.
If concentrations of contaminants warrant remediation, contaminated materials
shall be remediated either prior to or concurrent with construction. Remediation
shall generally include a management plan which establishes design and
implementation of remediation. Cleanup may include excavation, disposal, bio-
remediation, or any other treatment of conditions subject to regulatory action.
All necessary reports, regulations, and permits shall be followed to achieve
cleanup of the site. The contaminated materials shall be remediated under the
supervision of an environmental consultant licensed to oversee such remediation
and under the direction of the lead oversight agency. The remediation program
shall also be approved by the San Luis Obispo Fire Department. All proper waste
handling and disposal procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a report summarizing
the project, the remediation approach implemented, and the analytical results
after completion of the remediation, including all waste disposal or treatment
manifests.
b. Finding: The City finds that changes or alterations have been required in or incorporated
into the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.7 Noise
1. Cumulative Impact – Construction Noise. Construction of the proposed project could
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overlap with the construction of other projects in the vicinity (Monterey Place and the Vesper
Hotel at the Creamery) and result in cumulative construction noise. With implementation of
Mitigation Measure N-4, Coordination of Construction Timing, this impact would be reduced
to a less than significant level (refer to pages 99-100 of the FEIR).
a. Mitigation: The following mitigation measure is required to reduce impacts related to
cumulative construction noise.
Mitigation Measure N-4 Coordination of Construction Timing. Prior to the
issuance of grading permits, the City of San Luis Obispo shall review and
coordinate the construction schedules of any other projects within 300 feet of
the project to ensure that construction schedules do not overlap.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
4.8 Transportation
1. Traffic Hazards: Construction of the project would result in short-term construction traffic,
construction parking, and modifications to existing pedestrian, bicycle, and transit circulation
during the construction period. The preparation of a construction management plan, as
described in Mitigation Measure T-1 would reduce construction impacts to a less than
significant level (refer to pages 132-133 of the Final EIR).
a. Mitigation: The following mitigation measure is required to reduce construction traffic
impacts.
Mitigation Measure T-1 Construction Management Plan. Prior to the
issuance of each building permit, the construction contractor shall meet with the
Public Works department to determine traffic management strategies to reduce,
to the maximum extent feasible, traffic congestion and the effects of parking
demand by construction workers during construction of this project. The
construction contractor will develop a construction management plan for review
and approval by the Public Works department. The plan should include at least
the following items and requirements:
▪ A set of comprehensive traffic control measures, including scheduling of
major truck trips and deliveries to avoid peak traffic and pedestrian hours,
detour signs if required, lane closure procedures, sidewalk closure
procedures, signs, cones for drivers, and designated construction access
routes.
▪ Notification procedures for adjacent property owners and public safety
personnel regarding when major deliveries, detours, and lane closures will
occur.
▪ Location of construction staging areas for materials, equipment, and vehicles
(must be located on the project site).
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▪ Identification of haul routes for movement of construction vehicles that
would minimize impacts on vehicular and pedestrian traffic, circulation and
safety; and provision for monitoring surface streets used for haul routes so
that any damage and debris attributable to the haul trucks can be identified
and corrected by the project applicant.
▪ Temporary construction fences to contain debris and material and to secure
the site.
▪ Provisions for removal of trash generated by project construction activity.
▪ A process for responding to and tracking complaints pertaining to
construction activity.
▪ Provisions for monitoring surface streets used for truck routes so that any
damage and debris attributable to the trucks can be identified and corrected.
▪ It is anticipated that this Construction Traffic Management Plan would be
developed in the context of a larger Construction Management Plan, which
would address other issues such as hours of construction on-site, limitations
on noise and dust emissions, and other applicable items.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
2. Impact T-3: Implementation of the project would result in pedestrian access impacts due to
the difficulty of crossing Nipomo Street at an uncontrolled location. With implementation of
Mitigation Measure T-3, Pedestrian Access, this impact would be reduced to a less than
significant level (refer to page 120 of the Final EIR).
a. Mitigation: The following mitigation measure is required to serve the added pedestrian
demand associated with the project along Nipomo Street.
Mitigation Measure T-3 Pedestrian Access. Subject to approval of the Public
Works Director, the City shall incorporate improvements to the intersections of
Dana Street/Nipomo Street and Monterey Street/Nipomo Street to enhance
pedestrian safety and accessibility. The improvements shall be consistent with
the City’s Circulation Element and Downtown Physical Concept Plan and shall
balance the needs of each mode of use. At a minimum the project should
consider:
▪ High visibility crosswalk, or other intersection enhancements, with
directional curb ramps across Nipomo Street from the northwest corner of
Dana Street/Nipomo Street to the southwest corner of the parking structure.
▪ High visibility crosswalk, or other intersection enhancements, with
directional curb ramps from the southeast corner of Monterey Street/Nipomo
Street across Nipomo Street.
▪ Standard crosswalks, or other intersection enhancements, with directional
curb ramps across Monterey Street and Dana Street where they intersect with
Nipomo Street.
▪ Reduce the curb radii on the southwest corner of Dana Street/Nipomo Street
and the northeast corner of Monterey Street/Nipomo Street.
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b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
3. Impact T-4: Under Cumulative plus Project conditions, one study intersection (the project
driveway at Nipomo Street) would operate at an unacceptable level of service for pedestrians
during the evening peak hour. With implementation of Mitigation Measure T-3, Pedestrian
Access, this impact would be reduced to a less than significant level (refer to pages 125-126
of the Final EIR).
a. Mitigation: Implementation of Mitigation Measure T-3, Pedestrian Access, is required to
reduce impacts to less than significant.
b. Finding: The City finds that changes or alterations have been required in, or incorporated
into, the project to avoid or lessen to a less than significant level the significant
environmental effects identified in the Final EIR.
SECTION 5. FINDINGS FOR SIGNIFICANT UNAVOIDABLE EFFECTS
FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts,
the CEQA Guidelines require decision makers to make findings of overriding consideration that “...
specific legal, technological, economic, social, or other considerations make infeasible the mitigation
measures or alternatives identified in the EIR…”
This section presents the project's significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the mitigation measures or
project alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be reduced, but not to a less-than-significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore, remain significant
and unavoidable, as identified in the Final EIR. The impacts identified in this section are considered
in the same sequence in which they appear in the EIR. Where adoption of feasible mitigation
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measures is not effective in avoiding an impact or reducing it to a less -than-significant level, the
feasibility of adopting alternatives to the proposed project is considered in Section 7 of this document.
5.1 Aesthetics
1. Impact AES-2: The project would permanently alter the existing visual character of the site
because it would introduce new structures that are substantially different in terms of size,
scale, and massing. The project includes various design features that would reduce visual
impacts to the extent feasible, but due to the size, scale, and massing of the project, impacts
related to a change in visual character would remain significant and unavoidable (refer to
page 54 of the Final EIR).
a. Mitigation: No feasible mitigation is available.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. The project design features would reduce visual
impacts to the extent feasible; however, additional mitigation is not available to
reduce the size, scale, and massing of the project while satisfying most of the
project objectives. Therefore, impacts related the alteration of visual character
would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 7.
2. Cumulative Impact - Visual Character: Combined with approved, pending, and proposed
development in San Luis Obispo, the project would contribute to increasing urbanization of
the downtown area and would increase the intensity of development (size, scale, and massing)
in the area. This includes altering the fundamental character from predominantly older one-
to two-story structures to a mix of such older buildings interspersed with new taller structures
of four to six stories. The project would result in a significant and unavoidable impact
associated with the change in visual character due to the increase in size, scale, and mass ing
of the proposed structures. In combination with other development, the project’s contribution
to this impact would be cumulatively considerable (refer to page 57 of the Final EIR).
a. Mitigation: No feasible mitigation measures are available.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. No feasible mitigation measures are available for the
project’s contribution of cumulative impacts, which would remain significant
and unavoidable. A statement of overriding considerations for this impact is
made in Section 7.
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5.2 Cultural and Tribal Cultural Resources
1. Impact CR-1: Construction of the project would result in the demolition of two structures
on the project site that are historic resources and adversely affect the Downtown Historic
District. This would cause a substantial adverse change in the significance of historical
resources as defined in CEQA Guidelines §15064.5. Implementation of mitigation measure
CR-1 is required to reduce impacts to the maximum extent feasible, but this impact is Class
I, significant and unavoidable (refer to page 72 of the Final EIR).
a. Mitigation: Mitigation measure CR-1 is required to reduce impacts to historical resources
to the maximum extent practicable.
Mitigation Measure CR-1 Historical Building Documentation Packages.
Impacts to historical resources shall be minimized through the preparation of
archival historic building documentation packages for both 610 and 614
Monterey Street. Prior to issuance of demolition permits, the City of San Luis
Obispo shall ensure that documentation of both properties is completed in the
form of a Historic American Building Survey (HABS)-Like documentation that
shall comply with the Secretary of the Interior’s Standards for Architectural and
Engineering Documentation (NPS 1990). The documentation shall generally
follow the HABS Level III requirements and include high-quality digital
photographic recordation of the buildings and their overall setting, detailed
historic narrative report, and compilation of historic research. The
documentation shall be completed by a qualified architectural historian or
historian who meets the Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS 1983). Individual
archival documentation packages shall be completed for both properties and
offered as donated material to the San Luis Obispo Library and the History
Center of San Luis Obispo County, where it would be available to local
researchers.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measure CR-1(a) is feasible and has been
adopted. Mitigation Measure CR-1 would reduce impacts to the maximum
extent feasible through the preparation of archival historic building
documentation packages. However, this measure would not eliminate the
permanent irreversible impacts to the historic resources, and no other feasible
mitigation measures are available. Therefore, the potential impact to the historic
residences would remain significant and unavoidable, despite implementation
of the required mitigation. A statement of overriding considerations for this
impact is made in Section 7.
2. Cumulative Impact - Cultural Resources: In combination with buildout of the city under
the General Plan, the project would result in a significant and unavoidable impact to historic
resources in the Downtown Historic District. Mitigation Measure CR-1, Historic Building
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Documentation Packages, would reduce the project’s impact to historical resources to the
maximum extent feasible; however, this measure would not eliminate the permanent
cumulative or individual impacts to the identified historic resources, and no other feasible
mitigation measures are available. Because of this, the project would contribute to the
cumulative loss of historic resources in the city. This would be a Class I, Significant and
Unavoidable, cumulative impact to historical resources (refer to page 80 of the Final EIR).
a. Mitigation: Implementation of Mitigation Measures CR-1 would reduce the project’s
contribution to the cumulative impact to historic resources to the maximum
extent feasible. No other feasible mitigation are available that would meet the
project objectives.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measures CR-1 is feasible and has been
adopted. No additional feasible mitigation is available for the cumulative loss of
historic resources in the city, which would remain a significant and unavoidable
impact. A statement of overriding considerations for this impact is made in
Section7.
5.3 Noise
1. Impact N-1: Temporary construction activity would create noise that could exceed City of
San Luis Obispo Municipal Code regulations. Required mitigation measures N-1(a) through
N-1(d) require implementation of noise reduction devices and techniques during construction,
and would reduce noise associated with on- and off-site construction activity to the maximum
extent feasible. Although mitigation measures N-1(a), Construction Vehicle Travel Route, N-
1(b), Construction Activity Timing, N-1(c), Construction Equipment Best Management
Practices, and N-1(d), Neighboring Property Owner Notification and Construction Noise
Complaints, would reduce impacts from haul trucks and construction equipment to the extent
feasible, construction noise would continue to exceed thresholds. Therefore, construction-
related noise impacts would be minimized, but not eliminated. As a result, temporary noise
impacts associated with on- and off-site construction activity would be significant and
unavoidable (refer to page 92 of the Final EIR).
a. Mitigation: Implementation of the following measures would reduce noise impacts to the
maximum extent feasible.
Mitigation Measure N-1(a) Construction Vehicle Travel Route.
Construction vehicles and haul trucks shall use roadways that avoid residential
neighborhoods and sensitive receptors where possible. The applicant shall
submit a proposed construction vehicle and hauling route for City review and
approval prior to grading/building permit issuance. The approved construction
vehicle and hauling route shall be used for all construction vehicles and hauling
trips during the duration of construction.
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Mitigation Measure N-1(b) Construction Activity Timing. 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
daily between the hours of 7:00 PM and 7:00 AM, or anytime on Sundays,
holidays, or after sunset, where that operation creates a noise disturbance that
exceeds 75 dBA for single family residential, 80 dBA for multi -family
residential, and 85 dBA for mixed residential/commercial land uses across a
residential or commercial property line for a maximum of 10 days. For
construction activities lasting more than 10 days, noise from construction
equipment shall not exceed 60 dBA for single family residential, 65 dBA for
multi-family residential, and 70 dBA for mixed residential/commercial l and
uses across a residential or commercial property line.
Mitigation Measure N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project site, noise
attenuation techniques shall be employed to reduce noise levels to extent
feasible in accordance with the City of San Luis Obispo Municipal Code, Title
9, Chapter 9.12 (Noise Control). Such techniques shall include:
▪ Sound blankets on noise-generating equipment.
▪ Stationary construction equipment that generates noise levels above 60 dBA
at the project boundaries shall be shielded with barriers that meet a sound
transmission class (a rating of how well noise barriers attenuate sound) of
25.
▪ All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers.
▪ For stationary equipment, the applicant shall designate equipment areas with
appropriate acoustic shielding on building and grading plans. Equipment and
shielding shall be installed prior to construction and remain in the designated
location throughout construction activities.
▪ Electrical power shall be used to power air compressors and similar power
tools.
▪ 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 7:00 AM and 7:00 PM, Monday through
Saturday. No movement of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day).
▪ Temporary sound barriers shall be constructed between construction sites
and affected uses.
Mitigation Measure N-1(d) Neighboring Property Owner Notification and
Construction Noise Complaints. The contractor shall inform residents and
business operators at properties within 300 feet of the project site of proposed
construction timelines and noise complaint procedures to minimize potential
annoyance related to construction noise. Proof of mailing the notices shall be
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provided to the Community Development Department before the City issues a
zoning clearance. Signs shall be in place before beginning of and throughout
grading and construction activities. Noise-related complaints shall be directed
to the City’s Community Development Department.
b. Finding: The City finds that specific economic, social, legal, technological, or other
considerations make the mitigation measures or project alternatives identified in
the Final EIR infeasible. Mitigation Measures N-1(a) through N-1(d) are
feasible and have been adopted. Available mitigation would not reduce the noise
below the applicable City standards for construction activity. Therefore
temporary noise impacts associated with on-site and off-site construction
activity would be significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 7.
SECTION 6. FINDINGS FOR ALTERNATIVES TO THE PROPOSED
PROJECT
6.1 Introduction
As identified in Section 5 of this document, the proposed project will cause the following significant
and unavoidable environmental impacts to occur:
▪ Impact AES-2: Alteration of existing visual character
▪ Cumulative aesthetic impact
▪ Impact CR-1: Removal of historic resources
▪ Cumulative historic resource impact
▪ Impact N-1: Temporary construction activity noise
Because the project will cause significant and unavoidable environmental impacts to occur as
identified above, the City must consider the feasibility of any environmentally superior alternatives
to the project, as proposed. The City must evaluate whether one or more of these alternatives could
substantially lessen or avoid the unavoidable significant environmental effects.
As such, the environmental superiority and feasibility of each alternative to the project is considered
in this section. Specifically, this section evaluates the effectiveness of these alternatives in reducing
the significant and unavoidable impacts of the proposed project.
6.2 Description of the Alternatives
The Final EIR for the project evaluates the following four alternatives to the project: (1) a no project,
no development alternative; (2) an infused project and live/work units alternative; (3) an alternative
that would develop the parking structure and commercial plus residential units; and (4) an alternative
that would preserve the historic resources on-site.
1. Alternative 1: No Project, No Development. As required by CEQA, this EIR evaluates the
environmental consequences of not proceeding with the project. This alternative assumes the
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project is not approved, that none of the proposed entitlements are implemented, and that no
further development would occur on the project site.
2.Alternative 2: Project Plus Live/Work Units. This alternative assumes the build out of the
proposed project (parking structure, theater, and commercial space), except the 5,000 square feet
of commercial space would be reduced to 2,500 square feet of commercial space and four
residential units would be included on the second level. This alternative discusses the impact of
the four residential apartments on the second story of the commercial area as opposed to the 2,500
square feet of commercial space. As with the proposed project, vehicle access would continue to
be provided from Palm Street and Nipomo streets via the parking structure. For the purpose of
this analysis, it is assumed that this alternative would follow the same site plan/floor plan as the
proposed project.
3.Alternative 3: Parking Structure, Commercial and Residential . This alternative would
include the five-level parking structure and 5,000 square feet of commercial space, consistent
with the proposed project, but this alternative would include 22 two-bedroom apartments in place
of the theater and plaza along Monterey Street. This alternative would include removal of the
existing surface parking lot and all existing residential structures. As with the proposed project,
vehicle parking/site access would continue to be provided from Palm Street and Nipomo Street
via the parking structure. For the purpose of this analysis, it is assumed that the site plan would
adhere to the basic layout and footprint of development as is contemplated in the proposed project
for the parking structure and commercial space, with the direct replacement/addition of
apartments in place of the theater.
4.Alternative 4: Historic Resource Preservation. This alternative would involve the construction
of the five-level parking structure and 5,000 square feet of commercial space, consistent with the
proposed project, but this alternative would not include construction of the theater or plaza
fronting Monterey Street. This alternative assumes the historic residences along Monterey Street
(610 and 614) would remain intact and at their existing location; however, much of the backyards
at these properties would be developed with the parking and commercial uses. For the purpose
of this analysis, it is assumed that the site plan would adhere to the basic layout of development
as is contemplated in the proposed project for the parking structure and commercial space and
omit the theater.
6.3 Effectiveness of Alternatives in Avoiding Significant Project Impacts
This section evaluates the effectiveness of the alternatives in reducing the significant and unavoidable
impacts of the proposed project.
1.Significant and Unavoidable Aesthetic Impacts. The proposed project would result in
significant and unavoidable project-level and cumulative impacts related to the alteration of the
visual character in the project vicinity. Under Alternative 1 (No Project, No Development), no
development would occur, therefore aesthetic impacts would not occur. Under Alternative 2
(Project Plus Live/Work Units), similar buildout would occur compared to the proposed project,
which would result in a similar significant and unavoidable impact. Alternative 3 (Parking
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Structure, Commercial, Residential) would also result in similar aesthetic impacts due to a similar
site layout and footprint; therefore, impacts would remain significant and unavoidable.
Alternative 4 (Historic Resource Preservation) would result in less overall development on-site
as the historic residences on-site would be retained. Although these residences would remain, the
project would still construct the parking structure and other uses on-site with the potential to
block views in the area and alter the visual character in the vicinity. Therefore, the significant
and unavoidable project and cumulative impact regarding visual character would not be avoided.
2.Significant and Unavoidable Cultural Resource Impacts. The proposed project would result
in significant and unavoidable project-level and cumulative impacts to historic resources as a
result of the removal of the residences at 610 and 614 Monterey Street. Alternative 1 and 4 would
not remove the residences, as they would be preserved and retained; therefore, the project-level
and cumulative impact to historic resources would not occur. Alternatives 2 and 3 would result
in the demolition of the on-site residences; therefore, impacts to historic resources would be
similar in comparison to the project. Under Alternatives 2 and 3, the project-level and cumulative
impact to historic resources would remain significant and unavoidable.
3.Significant and Unavoidable Noise Impact. The proposed project would cause noise impacts
as a result of construction activity associated with project development. Under Alternative 1, no
development would occur; therefore, the significant and unavoidable construction noise impact
would be avoided. Alternatives 2, 3, and 4 would result in a similar level of overall construction
activity on the project site, in conjunction with other development in the vicinity, and would
therefore result in similar project-level impacts associated with construction noise.
6.4 Environmentally Superior Alternative and Feasibility of Project Alternatives
1.Alternative 1 Finding: Alternative 1 (No Project, No Development) could be considered the
environmentally superior overall, since no development would occur and the site would remain
as is, and would not result in any significant environmental impact. However, Alternative 1 fails
to meet the City’s objectives for the project area as well as any of the project objectives. As a
result, the City finds that Alternative 1 would be infeasible to implement.
2.Alternative 2 Finding: Alternative 2 (Project Plus Live/Work Units) would result in similar
environmental impacts when compared to the proposed Nipomo Palm Parking Structure project.
With a similar footprint as the proposed project, this alternative would result in similar impacts
pertaining to aesthetics, cultural resources, and transportation. Although this alternative does
meet some of the project objectives, Alternative 2 does not avoid any of the Class I impacts
associated with the proposed project and would result in increased noise impacts. The addition
of residences on the site would locate sensitive receptors directly adjacent to the parking structure.
Therefore, this alternative would require additional mitigation to reduce interior noise levels
below established thresholds. As a result, the City finds that Alternative 2 is not environmentally
superior to the proposed project.
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3. Alternative 3 Finding: Among the development scenarios, Alternative 3 (Parking Structure,
Commercial, and Residential) would result in similar but increased environmental effects
compared to the proposed project. This alternative would result in increased environmental
impacts pertaining to noise, as well as to several issues that were dismissed as less than significant
or have no impact in the Initial Study prepared for the proposed project. This is due to the
residences and commercial units on-site that would introduce new residents to the city, who
would require utility services and recreational and public services, as well as generate new vehicle
trips from new residents. Alternative 3 would not avoid the Class I impacts related to historical
resources, cultural resources, and noise. As a result, the City finds that Alternative 3 would not
be environmentally superior to the proposed project.
4. Alternative 4 Finding: Alternative 4 (Historic Resource Preservation) is environmentally superior
to the proposed project because there would be a reduced overall site footprint. The impacts from
this alternative would be similar to the proposed project in the areas of aesthetics, noise, and
traffic. Alternative 4 would not reduce the project’s Class I impacts in those categories to a level
below significance thresholds. However, Alternative 4 would eliminate direct and indirect
significant impacts to historical resources because the two contributing structures to the
Downtown Historic District and the linkage between properties in the district they provide would
remain in place. Alternative 4 would meet most of the project objectives by providing a minimum
of 400 parking spaces, offering a direct pedestrian connection from the structure to Monterey
Street, preserving the large oak tree on-site, and considering the contextual sensitivity of
surrounding properties (i.e., Hays-Lattimer adobe). However, it would not meet the objective of
providing the cultural use (theater). As a result, the City finds that Alternative 4 would not satisfy
the project objectives.
SECTION 7. STATEMENT OF OVERRIDING CONSIDERATIONS
7.1 Introduction
The Final EIR for the project identifies the following significant and unavoidable impacts of the
project:
1. The project would alter the existing visual character of the project site, and surrounding
vicinity.
2. Implementation of the project, in conjunction with other development in the area, would
increase the intensity of development and permanently alter the visual character of the
surrounding area.
3. The project would result in the demolition of two structures on the project site that are historic
resources, and adversely affect the Downtown Historic District.
4. The project would contribute to the cumulative loss of historic resources in the City by
removing two historic structures that contribute to the Downtown Historic District.
5. Temporary construction activity would create noise that could exceed City of San Luis
Obispo Municipal Code regulations, and mitigation may not be feasible to reduce the impact
to less than the applicable threshold.
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For projects that would result in significant environmental impacts that cannot be avoided, CEQA
requires that the lead agency balance the benefits of these projects against the unavoidable
environmental risks in determining whether to approve the projects. If the benefits of these projects
outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA Guidelines
§15093[a]). CEQA requires that, before adopting such projects, the public agency adopt a Statement
of Overriding Considerations setting forth the reasons why the agency finds that the benefits of the
project outweigh the significant environmental effects caused by the project. This statement is
provided below.
7.2 Required Findings
The City has incorporated all feasible mitigation measures into the project. Although these measures
will lessen the unavoidable impacts listed above, the measures will not fully avoid these impacts.
The City has also examined a reasonable range of alternatives to the project and has determined that
none of these alternatives is feasible or environmentally superior, nor would they satisfy the project
objectives to the same extent or greater as the project.
Alternative 1 would avoid all of the significant impacts of the project but would not achieve the
City’s objectives for the project and is not considered feasible. Alternative 2 would be
environmentally similar to the project in most aspects but would result in greater impacts to noise
and is therefore environmentally inferior to the proposed project. Alternative 3 is environmentally
inferior to the proposed project, as it would result in increased impacts regarding noise and other
impacts such as public services, recreation, utilities and service systems. Alternative 4 is
environmentally superior to the proposed project in that eliminates significant and unavoidable
historic resources impacts related to demolition of the historic structures on-site. However,
Alternative 4 is inferior to the proposed project in terms of its ability to achieve City objectives for
the project, since the alternative would not include the theater building.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the
proposed project against its unavoidable environmental risks. For the reasons specified below, the
City finds that the following considerations outweigh the proposed project’s unavoidable
environmental risks:
1. New Parking Spaces. The Land Use Element of the General Plan addresses downtown
development, parking, and the development of cultural facilities in the city. Specifically, Policy
4.14 states “the City shall ensure there is a diversity of parking opportunities in the Downtown.
Any major increments in parking supply should take the form of structures, located at the edges
of the commercial core, so people can walk rather than drive between points within the core.”
Since the project would provide approximately 400 parking spaces in the downtown area, it
would directly satisfy this goal and adhere to Policy 4.14.
2. Downtown Concept Plan. In 2017, the City updated the Downtown Concept Plan to provide a
road map for future public projects and guidance for development in the downtown area. The
proposed project is located in Block 10 of the Plan, which states “a new parking structure on the
corner of Palm and Nipomo Streets is envisioned to include office mixed use along Nipo mo
Street, the theater relocated along Monterey Street, and public use on a portion of the rooftop.”
The proposed project would directly follow the guidance included in the Downtown Concept
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Plan, by relocating the theater, constructing commercial use on the western boundary of the site
along Nipomo Street, and evaluating whether rooftop viewing areas are feasible as part of the
Planning Commission and Architectural Commission Review.
3. Increased Economic Activity. Development of the parking structure would generate an
economic benefit to the City via increased revenue from vehicle parking fees, which would then
be used to fund needed services in the city.
4. Downtown Residential. The project will support Program 6.12 of the Housing Element that
promotes downtown residential by allowing “…flexible parking regulations for housing
development, especially in the Downtown Core (C-D Zone), including the possibilities of flexible
use of city parking facilities by Downtown residents, where appropriate, and reduced or no
parking requirements where appropriate guarantees limit occupancies to persons without motor
vehicles or who provide proof of reserved, off-site parking. The structure will be part of the City’s
Downtown Residential Overnight Program (Drop) that allows residents in the downtown area
access to the structures to park vehicles and promote affordability by design of residential units.
5. Public Use Plaza and Pedestrian Connection. The project includes a public use plaza area at
the corner of Nipomo and Monterey Streets. This plaza would be pedestrian-friendly and provide
a social use area for residents and tourists in the downtown area. In addition, the project would
provide a direct pedestrian connection from the structure to Monterey Street, allowing users to
easily navigate from the parking structure and theater to other downtown uses, consistent with
Circulation Element Policies 5.1.3, 5.1.5 and 5.1.6.
6. San Luis Obispo Repertory Theatre. The project would support the development of an arts and
cultural center within the Downtown. Land Use Elements policies 5.2.1, 5.2.3 and 5.2.5 discuss
that the City will work with community groups to secure facilities for cultural and arts program
needs in the Downtown area. The project includes a portion of the site that would be utilized by
the SLO Repertory Theatre (formerly the San Luis Obispo Little Theatre) to construct a new
theatre space.
Accordingly, the City finds that the project’s adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated: __________________, 2018
_________________________________
Heidi Harmon
Mayor, City of San Luis Obispo
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Meeting Date: 7/17/2018
FROM: Teresa Purrington, City Clerk
SUBJECT: SELECTION OF VOTING DELEGATE AND ALTERNATES – LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
RECOMMENDATION
Appoint Vice Mayor Carlyn Christianson as the voting delegate and Council Members Gomez
and Pease as alternate voting delegates to vote on the City’s behalf at the Annual Business
Meeting of the League of California Cities on Friday, September 14, 2018.
DISCUSSION
The League of California Cities Annual Conference will be held on September 12 – 14, 2018 in
Long Beach, CA. An important component of the Annual Conference is the Annual Business
Meeting scheduled for 12:30 PM on Friday, September 14, 2018. At this meeting, the League
membership will consider and take action on resolutions that establish League policy. In order to
vote at the Annual Business Meeting, the City Council must designate a voting delegate.
Council may also appoint up to two alternate voting delegates, one of whom may vote if the
designated voting delegate is unable to serve in that capacity.
CONCURRENCES
It is a requirement that, by Council action, the City authorize delegates to represent the City at
the California Cities Annual Conference.
ENVIRONMENTAL REVIEW
This recommended action is not subject to the California Environmental Quality Act.
FISCAL IMPACT
Financial resources have been budgeted in the 2018 – 2019 budget for Council member
attendance at the League of California Cities Annual Conference.
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Meeting Date: 7/17/2018
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Scott Lee, Parking Services Manager
SUBJECT: EASEMENTS WITH PG&E FOR ELECTRIC VEHICLE CHARGING
STATIONS
RECOMMENDATION
1.Authorize the City Manager to sign two easements for Pacific Gas and Electric Company
(PG&E) to provide the right to construct, reconstruct, install, inspect, maintain, replace and
remove conduits and cables in the parking structures located at 919 Palm Street and 871
Marsh Street for the purpose of providing the necessary infrastructure to install electric
vehicle (EV) charging stations at each of these locations.
2.Authorize the City Manager to negotiate with ChargePoint for purchase and installation of
the EV charging equipment.
DISCUSSION
The City has been working closel y with PG&E to install the necessary infrastructure and
equipment to allow the City to install EV charging stations at both the 919 Palm Street and 871
Marsh Street parking structure locations. The easements discussed in this report will allow
PG&E to construct necessary infrastructure to the charging stations and to energize them.
Background
PG&E’s EV Charge Network Program is a three-year program with the goal to install 7,500
electric vehicle (EV) chargers at multi -unit dwellings and workplaces throughout PG&E’s
service territory. Staff has been working closely with PG&E to coordinate station installations
at the City’s downtown parking structures both for the public and for City vehicles. PG&E pays
for the infrastructure to supply electricity to each EV parking spaces, and for a portion of the
charging equipment necessary to provide hook ups. The program requires a minimum of ten
EV charging spaces per site and a commitment to maintain the charging stations for a minimum
of ten years. Because the program is new, the process to request participation as well as design
and project approval has been fluid and sometimes fast paced .
As part of the adopted FY 2017-19 Financial Plan, $105,000 was earmarked in the General
Fund as part of the Major City Goal for Climate Action to develop charging stations in the
basement of the parking structure located at 919 Palm Street. Of this amount $30,000 was
programmed for design with the remaining $75,000 for construction. This funding was to install
up to ten stations for the charging of City fleet electric vehicles. The PG&E program offers a
one-time opportunity to use these funds in tandem with additional PG&E funding and resources
to accomplish this project as well as install public EV stations for other downtown
employers/visitors.
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In December 2017, the City submitted applications to PG&E to participate in its EV Charge
Network Program. Applications were submitted for all three public parking structures and one
City owned surface lot. After review of the applica tions and a site visit by PG&E
representatives, the sites were narrowed down to the 919 Palm and 871 Marsh Street parking
structure locations.
The size of the program has now increased to a total number of 43 EV stations from what was
originally anticipated in the Financial Plan. Up to 24 stations would be installed in the 919 Palm
structure and up to 19 stations in the Marsh Street structure – making this one of the largest EV
station installations taking place in the PG&E program. While this is exciting , it is also
complex. The simple CIP that was anticipated in the Financial Plan has now evolved into a
multiple entity, public-private project that needs significant coordination and processing. The
easements needed for PG&E to complete the work is one exa mple of additional requirements
that the City must process in order to take advantage of the program.
PG&E has completed the site analysis for each location and determined that each site meets the
requirements for participation in the program. Additional ly, PG&E has prepared the necessary
construction drawings, easements (Attachment A), and is prepared to submit for a building
permit to complete the necessary work.
Additionally, the PG&E program requires the City to choose a vendor from whom to purchase
and install the actual EV charging stations from PG&E’s pre-qualified list of vendors. Staff has
determined the best course for this program is to use the same pre-qualified vendor to provide
the equipment, installation and the management of the public and City charging program, and
also assume financial management responsibilities . In essence, the City would be utilizing a
private provider to coordinate the services for the EV charging program and the provider would
be responsible for collection of fees an d rates to fuel in the parking structures and then remit
these funds to the City.
Staff’s review of the current pre -qualified vendors indicates that only one vendor, ChargePoint,
Inc., has the necessary abilities to perform all of the requirement s for provisions of equipment,
installation, and management of cost recovery and charging program elements.
NEXT STEPS
After Council approval, the City Manager or City Mayor will sign the easement documents and
PG&E will submit its building permit application for review. Once approved, PG&E will install
the necessary infrastructure to bring capacity to each charging unit at each location at no cost to
the City.
Additionally, a separate Council item will be forthcoming to approve an agreement with
ChargePoint, Inc. for supplying and installing the EV stations as well as providing the long-term
fueling program for the City and the public.
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ENVIRONMENTAL REVIEW
The recommended actions are exempt pursuant to 15301 (Existing Facilities) of the California
Environmental Quality Act because the project consists of installing mechanical and electrical
equipment to provide electrical charging capabilities for vehicles.
FISCAL IMPACT
The work being performed by PG&E is at no cost to the City and will substantially assist in
implementing electric service to the charging stations. The 2017-19 Financial Plan earmarked
$105,000 for implementing stations in the 919 Palm Street Structure and this funding will be
used to purchase and install the EV stations. However, because the number of stations has
increased dramatically, and there are now two structure locations, there will be increased costs
associated with the purchase and installation of the actual EV charging stations. Estimates are
still being completed and indicate $250,000 for the full-service systems needed for the all the
public and private charging areas. The recommendations for funding of the shortfall will be
included in the future agenda item regarding the ChargePoint, Inc. agreement. The
recommendation will likely use Parking Fund working capital to provide the funding needed to
complete the program installation and then recoup these costs over time with fees collected from
the EV charging stations. The Parking Fund has a current unreserved working capital of
$12,284,830.
ALTERNATIVE
The City Council may choose to deny this request. The City Council may choose to not
approve the easement agreements with PG&E and seek other alternatives. The Parking Manager
and staff do not recommend this alternative as this option is at no cost to the city and prepares
the city for installation of additional EV charging locations in and near the downtown core area
of the City.
Attachments:
a - San Luis Obispo_919 PalmSt_31381225 Easement
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Distribution and EV Charging Easement (Rev.11/16)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2230-12-10009 EASEMENT DEED
CITY OF SAN LUIS OBISPO, a municipal corporation and a chartered city organized and existing
under the Constitution of the State of California,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct,
install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together
with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto
and egress therefrom, over and across the lands of Grantor situate in the City of San Luis Obispo,
County of San Luis Obispo, State of California, described as follows:
(APN 002-322-037)
Parcel 1 as shown upon the Parcel Map filed for record November 5, 2003 in Book 59 of Parcel Maps
at Page 85, San Luis Obispo County Records.
Said facilities and easement area are described as follows:
Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors;
aboveground marker posts, risers, and service pedestals; underground and aboveground switches,
fuses, terminals, and transformers with associated concrete pads; electric vehicle charging supply
equipment, bollards and/or curbs or other associated safety equipment, associated signage; and
fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the
distribution of electric energy and communication purposes located within the strips of land of the
uniform width of 10 feet, lying 5 feet on each side of the alignment of the facilities as initially
installed hereunder. The approximate location of said facilities are shown upon Grantee’s Drawing
Number 31381225 attached hereto and made a part hereof.
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Distribution and EV Charging Easement (Rev.11/16)
Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees
and brush now or hereafter within said easement area, and shall have the further right, from time to
time, to trim and cut down trees and brush along each side of said easement area which now or
hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed
hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor shall not erect or construct any building or other structure or drill or operate any well within
said easement area, with the exception of the existing improvements and structures. Grantor retains the
right to maintain or replace those facilities currently constructed within said easement area.
Grantor further grants to Grantee the right to assign to another public utility as defined in Section 216
of the California Public Utilities Code the right to install, inspect, maintain, replace, remove and use
communications facilities within said easement area (including ingress thereto and egress therefrom).
The legal description herein, or the map attached hereto, defining the location of this utility
distribution easement, was prepared by Grantee pursuant to Section 8730 (c) of the Business and
Professions Code.
In the event of abandonment of said easement and right of way or any portion thereof, and non-use thereof,
after initial installation of aforesaid facilities shall be conclusive evidence of the abandonment thereof,
Grantee shall upon written demand therefor execute and deliver to Grantor a good and sufficient quitclaim
of said easement and right of way or such portion thereof as may be abandoned.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto.
In exercising its easement rights hereunder, Grantee shall not unreasonably interfere with, disrupt, or
materially adversely affect Grantor’s business operations or access rights at the property owned by
Grantor.
Dated: __________________, _______.
CITY OF SAN LUIS OBISPO, a municipal
corporation and a chartered city organized and
existing under the Constitution of the State of
California,
_________________________________
Name
Title
_________________________________
Name
Title
PACKET PAGE 197
6
Distribution and EV Charging Easement (Rev.11/16)
Attach to LD: 2230-12-10009
Area, Region or Location: Area 4, Los Padres
Land Service Office: Sacramento
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: 22.30.12.26.32,
FERC License Number: N/A
PG&E Drawing Number: 31381225
Plat No.: Dist Map MM3318D
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Communication Easements (6), Electric Underground Easements (4), Easements Granted
over Fee Lands (11C ), Utility Easement (86)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 31381225, OPS 0070
JCN: N/A
County: San Luis Obispo
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: cxve
Checked By: cxoq
PACKET PAGE 198
6
Distribution and EV Charging Easement (Rev.11/16)
.
State of California
County of )
On __________________________, before me, ,
Here insert name and title of the officer
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
PACKET PAGE 199
6
APPLICANT:
SECTION TOWNSHIP RANGE
PLAT MAP
REFERENCES
MERIDIAN
DATESCALE
DRAWING NO.
31381225
PG&E
NOT TO SCALE
ORDER NO.
31381225
DIVISION
F.B.: DR.BY: CXVE CH.BY: CXOQ
05/24/2018
30S 12E
LEGEND
WIDE PG&E U/G ELECT. EASEMENT
- APPROXIMATE CENTERLINE OF 10'
- SUBJECT PARCEL LINE
N.T.S.
BOUNDARIES OR LINES
EXTEND TO OR ALONG
SHOWN ALL COURSES
UNLESS OTHERWISE
North
919 PALM STREET, SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO
COUNTY OF: SAN LUIS OBISPO CITY OF: SAN LUIS OBISPO
LOS PADRESMO
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EASEMENT NOTES
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PUBLIC UTILITY, AND EMERGENCY
PEDESTRIAN ACCESS, DRAINAGE,
EXISTING 10' NON-EXCLUSIVE PUBLIC
A
A
P
N 0
0
2-4
1
6-0
3
8
- NOT TO SCALE
- EASEMENTS DEDICATED PER 59 PM 85
- ELECTRIC METER
NOTES
EXISTING PARKING GARAGE
BE INSTALLED INSIDE OF
PROPOSED FACILITIES ARE TO
M.D.B.&M.
10009LD 2230-12-
SEC. 26
SE1/4 OF SW1/4
59 P
M 8
5
P
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L 4
DOC. 2003128862
DIST. MAP MM3318D, 59 PM 85
LANDS OF
APN 002-322-037
DOC. 2003128862
59 PM 85
PARCEL 1
LUIS OBISPO
CITY OF SAN
DETAIL (N.T.S.)
PACKET PAGE 200
6
Meeting Date: 7/17/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Brittani Roltgen, Human Resources Specialist
SUBJECT: ADOPTION OF CLASSIFICATION AND COMPENSATION PLAN AND
REGULAR AND SUPPLEMENTAL SALARY SCHEDULES
RECOMMENDATION
1.Adopt a Resolution (Attachment A) establishing a Classification and Compensation Plan
(Attachment B); and
2.Adopt a Resolution (Attachment C) approving the Regular and Supplemental Salary
Schedules effective July 26, 2018 (Attachments D and F) and the Regular Salary Schedule
effective August 9, 2018 (Attachment E), as required by California Public Employees
Retirement System (CalPERS) subject to approval of the Unrepresented Management
Resolution and Appointed Officials’ Evaluations and the Comprehensive Settlement
Agreement with the San Luis Obispo Firefighters Local 3523 items that include cost of living
adjustments reflected in the Regular Salary Schedules.
DISCUSSION
Background
The City’s Personnel Rules and Regulations (Municipal Code Sections 2.36.100 – 2.36.140)
(Attachment G) provide a general framework for the administration of employee classification
and compensation. In 2007, the City Council adopted a Compensation Philosophy (Attachment
H), establishing competitive compensation as a part of an overall strategy of attracting and
retaining well qualified employees who exemplify organizational values. The Philosophy
includes considerations in the determination of competitive compensation such as fiscal
sustainability, local acceptability, and the relevant labor market. However, what has been lacking
is an administrative policy that brings consistency in the application of policies, guidelines, and
regulations governing classification and compensation. The proposed Classification and
Compensation Plan provides an orderly and equitable process to identify jobs and group job
duties and responsibilities with the goal of ensuring that actions related to pay are fair, equitable,
and consistent.
Further clarification on CalPERS requirements regarding the maintenance of “published salary
schedules” resulted in the need for Council to regularly approve all changes to the City-wide
Regular and Supplemental Salary Schedules.
Classification and Compensation Plan Overview
The Classification and Compensation Plan provides administrative details on the maintenance of
the classification and compensation systems. The Plan serves as an aid to understand the
relationship of pay and position classification to appropriate and fair compensation, assignment
of management responsibilities, and to other specialized fields of personnel management.
Documenting the “How,” “Why,” and “What” of classification and compensation-related
PACKET PAGE 201
7
activities has become more important as the organization has evolved over the years due to new
regulations or initiatives that drive changes to job duties and, in some cases, the creation of new
job classifications. Furthermore, there have been regulatory changes that affect classification and
compensation such as the Federal Labor Standards Act, Affordable Care Act, the Healthy
Workplaces Healthy Families Act of 2014, California Minimum Wage, and CalPERS
requirements. Anticipated implementation of a Human Resources Information System (HRIS)
was another impetus for developing the Classification and Compensation Plan. Consultants
working on implementation of the HRIS reviewed the Plan to ensure consistency of terminology
and definitions that will aid in training and use of the new system when it is implemented in
2019.
The Plan itself was drafted by a consultant with Municipal Resources Group, who has worked in
public sector human resources administration for almost thirty years. The Plan references and
provides more clarity regarding the administration of concepts introduced in the Compensation
Philosophy such as internal equity and market compensation data. Salary administration is also
covered in the Plan and is consistent with the long-standing salary schedule structure used by the
City and many other municipalities. The Plan suggests optimal salary range differentials bet ween
entry and journey level and supervisory to subordinate classifications but does not obligate the
City in any way to formulaic adjustments. The consultant recommends that the Council delegate
authority to the City Manager to adjust the salary range of a manager by up to ten percent to
mitigate compaction and/or to help with documented recruitment/retention difficulties, when
there are supervisor-subordinate salary range differentials of 5% or less, as recommended by the
Human Resources Director. Such adjustments would be subject to available ongoing funding and
would be brought to Council with other salary schedule changes as required by CalPERS.
Situations of supervisory-subordinate compaction occasionally occur when an individual
contributor classification’s salary range is adjusted, and the supervisor or manager classification
is not. This may happen due to differences in bargaining units or in market survey
recommendations. The Classification and Compensation Plan will be a practical guide to
classification and salary administration at the City and, as such, staff requests Council delegate
administrative updates to be authorized by the Human Resources Director.
PERS Salary Schedule Requirements
CalPERS recently clarified that salary schedules for regular and supplemental (or temporary)
classifications must be adopted by the employer’s governing body in accordance with
requirements of applicable public meeting laws, in totality (meaning City-wide, not bargaining
unit-specific), whenever there is a change to the salary schedule. To meet CalPERS
requirements, the salary schedule must be approved and adopted as a stand-alone document
stating the title of every position in the City, the base salary for each position, the time base for
each pay rate (e.g hourly, bi-weekly, or monthly, etc.), and the effective date and dates of
revisions. Salary schedules must be publicly accessible. The City’s long-standing practice of
publishing the complete salary schedule on the City website meets this requirement and will be
continued. Furthermore, adopted salary schedules must be available for inspection for a
minimum of five years.
PACKET PAGE 202
7
Changes to the salary schedule occur regularly due to cost of living adjustments, job title
changes, establishing new classifications, or reclassifying existing positions. The CalPERS
clarification means that adopting a salary schedule with a negotiated Memorandum of
Agreement (MOA) between the City and a labor group is no longer sufficient; the City-wide
salary schedule will need to be adopted each time a negotiated change is implemented. In other
words, if the MOA includes periodic cost of living increases over the next two years, the City-
wide salary schedule will need to be adopted by Council at the regularly scheduled Council
meeting closest to the implementation date of the salary schedule change, to satisfy CalPERS
requirements. Therefore, Council will see more frequently than in the past adoption of the
Regular Salary Schedule and Supplemental Salary Schedule as required by California Public
Employees Retirement System (CalPERS); at a minimum every time a negotiated change is
implemented or twice a fiscal year, whichever is more frequent. Approval of the Regular Salary
Schedules (Attachments D and E) is subject to approval of the Unrepresented Management
Resolution and Appointed Officials’ Evaluations and the Comprehensive Settlement Agreement
with the San Luis Obispo Firefighters Local 3523 items that include cost of living adjustments.
As salary schedules are adjusted within direction and authority previously provided by Council,
they will be brought before Council as Consent items.
FISCAL IMPACT
There is no direct fiscal impact tied to adopting the Classification and Compensation Plan or the
Regular and Supplemental Salary Schedules. The Salary Schedules were established in
accordance with previously provided Council direction.
ALTERNATIVES
1.Do Not Adopt the Classification and Compensation Plan
This is not recommended as the Plan provides clarity to our current practices and increases
understanding throughout the organization. As an alternative, Council could give specific
direction to staff with recommended changes to the Plan.
2.Do Not Adopt Regular and Supplemental Salary Schedules.
This is not recommended because it is not compliant with CalPERS requirements.
PACKET PAGE 203
7
Attachments:
a - Class and Comp Plan Resolution
b - Exhibit A to Attachment A Class and Comp Plan
c - Salary Schedules Resolution
d - Exhibit A to Attachment C Regular and Contract Salary Schedule Effective July 26th
2018
e - Exhibit B to Attachment C Regular and Contract Salary Schedule Effective August 9th
2018
f - Exhibit C to Attachment C Supplemental Salary Schedule
g - Personnel Rules and Regulations - Class and Comp Section
h - Compensation Philosophy
PACKET PAGE 204
7
RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING A CLASSIFICATION AND
COMPENSATION PLAN
WHEREAS, the City has a Compensation Philosophy adopted by Council in 2011 which
establishes competitive compensation as a part of an overall strategy of attracting and retaining well
qualified employees who exemplify organizational values; and
WHEREAS, the City has a need for a fair, equitable, and consistent administration of
regulations governing classification and compensation; and
WHEREAS, the Classification and Compensation Plan documents administrative
guidelines for both classification and compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Classification and Compensation Plan attached hereto as Exhibit “A”
and incorporated herein by this reference, is hereby adopted.
SECTION 2. The City Council delegates authority to the City Manager to adjust salary
ranges by up to ten percent, in rare occasions when the supervisor-subordinate salary schedule
differential is five percent or less, to mitigate compaction and/or to help with documented
recruitment/retention activities.
SECTION 3. The City Council delegates authority to the Human Resources Director to
make administrative updates to the Plan that do not have fiscal impacts.
Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July, 2018.
___________________________________
Mayor Heidi Harmon
ATTEST:
__________________________________
Teresa Purrington
City Clerk
PACKET PAGE 205
7
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 PAGE 206
7
City of San Luis Obispo
CLASSIFICATION AND
COMPENSATION PLAN
PACKET PAGE 207
7
Page i
TABLE OF CONTENTS
CLASSIFICATION AND COMPENSATION PLAN
Page
PART I
INTRODUCTION
Purpose
Conceptual Plan
1
PART II
CLASSIFICATION PLAN
Classification Levels
Flexibly-Staffed (Career Series) Classifications
Classification Series
Job Description Section Definitions
Definitions of Levels of Supervision
Occupational Groups and Job Description Language
Position/Classification Studies
4
PART III
COMPENSATION PLAN
Administration Policies
Salary Structure Principles
Internal Equity
Market Surveys
Timing of Market Surveys
Compensation Philosophy
23
PART IV
ATTACHMENTS
A – Resolution No. 10248, Compensation Philosophy
B – Job Description Template
PACKET PAGE 208
7
Page 1
PART I – INTRODUCTION
Purpose
The purpose of this Compensation and Classification Plan (“Plan”)1 is to bring clarity and
consistency in applying the policies, guidelines, and regulations governing classification
and compensation at the City of San Luis Obispo. Since the functional area of
classification is so closely tied to most, if not all, of the other human resources activities
such as recruitment, performance management, the interactive accommodation process,
etc., having a good classification plan enables the City to meet the impending challenges
of such topics as recruitment and selection and workforce planning. The classification
plan is further enhanced by a compensation plan that provides the philosophy of
compensating work in an equitable and fair manner with views from both internal and
external perspectives. In addition to this plan, the City’s compensation philosophy is
encompassed in Resolution No. 102248(Attachment A).
The main elements of this Plan include providing an orderly and equitable process to
identify jobs and group job duties and responsibilities. Job classifications provide the
basis upon which recruitment and screening, pay scales, and other human resources
management decisions are made. The purpose of classification of positions is to:
(1)classify positions according to their common characteristics of kind of work, level of
difficulty, degree of responsibility, qualification requirements, and other factors outlined
later in this Plan; and,
(2)organize policies and procedures, occupational structures, classification standards,
technical evaluation guides, and other reference materials concerning classification work
processes.
The Plan serves as the foundation for salary administration, ensuring that actions related
to pay are fair, equitable, and consistent. The Plan outlines the parameters of the City’s
market surveys in regard to timing, the relevant labor market, use of benchmark
classifications, and internal relationships as described in the City’s Compensation
Philosophy. Overall, the Plan serves as an aid to understanding the relationship of pay
and position classification to appropriate and fair compensation, assignment of
management responsibilities, and to other specialized fields of personnel management.
Conceptual Plan
This Plan presents a conceptual framework for the classification plan and identifies
grades that reflect distinct differences in levels of work as determined through the use of
1 If there is any conflict between provisions of this Plan and the language contained in the
Memorandum of Agreements (MOAs) or any resolution authorizing pay and benefits between the City
and a recognized employee organization, the provisions contained in the MOAs or resolution
authorizing pay and benefits shall take precedence.
PACKET PAGE 209
7
Page 2
established allocation factors and class concepts. The concepts to be addressed in this
Plan include:
Classification Levels;
Classification Series;
Classification Titles;
Job Description Definitions and Format;
Definitions of Levels of Supervision; and
Allocation Factors.
For Compensation, the plan addresses the following concepts:
Salary Structure Principles (Class Level Differentials);
Internal Equity (Whole Job Method and Allocation Factors);
Market Surveys (Relevant Labor Market, Benchmark Jobs, Appropriate Statistics,
Pay Philosophy, Timing); and
Compensation (Pay Ranges, Merit Increases).
Definitions
Classification Series – Similar to a career ladder where experience and success, in the
one classification level along with, in some cases, additional requirements, an employee
to be promoted to the next level up. For example, Accounting Assistant I, Accounting
Assistant II, Accounting Assistant III, and Supervising Accounting Assistant are all levels
in a classification series.
Flexible-Staffing Classifications - When a classification series has two or more levels and
an employee can be initially appointed to any level in the series, depending upon
experience and/or education, and can be promoted from one level in the series to another
without further testing.
Job Analysis - the process of identifying and determining in detail the particular job duties
and requirements and the relative importance of these duties for a given job. Job Analysis
is a process where judgements are made about data collected on a job. The purpose of
Job Analysis is to establish and document the 'job relatedness' of employment
procedures such as training, selection, compensation, and performance appraisal.
Job Evaluation - is a systematic way of determining the value/worth of a job in relation to
other jobs in an organization. It tries to make a systematic comparison between jobs to
assess their relative worth for the purpose of establishing a rational pay structure. Job
evaluation needs to be differentiated from job analysis.
Job Family - A job family is a group of jobs involving similar types of work and requiring
similar training, skills, knowledge, and expertise. The job family concept helps organize
PACKET PAGE 210
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Page 3
related jobs and is particularly useful when job titles vary across the City. Examples are a
clerical job family, a fiscal job family, and an engineering job family. Also called
“occupational families”.
Salary Ranges – Consists of the minimum and maximum salary levels assigned to a
specific job class. A typical public-sector model usually has five salary steps in the range
with about 5 to 10% in between each step.
Whole Job Method - This is the oldest and simplest method of job evaluation. This is
generally used in smaller units where the job raters know all the jobs quite well. In this
method, the aim is to judge the job as a whole and determine the relative value by
ranking one whole job against another whole job. In this technique ranking is done
according to 'whole job' rather than a number of compensable efforts although it is
common to look at some allocation factors when considering the “whole job” including:
decision-making, scope and complexity, contact with others required by the job,
supervision exercised and received, and the minimum qualifications that include the
knowledge, skills, and abilities.
PACKET PAGE 211
7
Page 4
PART II – CLASSIFICATION PLAN
The classification plan provides an occupational inventory of the positions within the City.
It is a fundamental tool of human resources administration as it standardizes class titles
for the purposes of recruitment, selection, performance management, and compensation
administration. The logical and consistent system helps applicants, employees, and
managers understand job duties, responsibilities, and qualifications; ensures equal pay
for equal work; and provides valuable information in organizational planning and analysis,
staff development, and performance management.
Classification Levels
All jobs within the City are grouped into a systematic classification structure based on
substantially the same duties performed, nature and level of responsibilities, and other
work-related requirements of the jobs such as education and experience. Within the
classification plan, it is possible to generally categorize classifications according to the
following levels:
Class Level
Entry
Journey
Advanced Journey
Lead
Supervisor
Manager
Director
City Manager
Within each job family, there may exist a classification at every level or only at selected
levels. Not all job families require all of the above levels. The specific required levels
within a job family reflect the organization and type/amount of work required and should
be tailored to that organization’s needs and priorities.
For some jobs, there is no need for functions to be performed at the entry level.
Therefore, there would be no entry-level classification in that particular job family.
Furthermore, it is important to note that while two class series may both contain, for
example, a journey-level classification, the two journey-level classifications will likely be
treated differently for compensation purposes. Distinctions between class levels for all
types of job families may be expressed in terms of the general amount of responsibility to
be assumed within each class level. The following subsections generally define the
responsibilities to be assumed at each class level identified.
PACKET PAGE 212
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Page 5
Term / Level Definition and Basic Information
ENTRY “Entry” is the first level in a series. Employees hired into entry level
classifications often have limited work experience and require on-
the-job training. Assignments are generally limited in scope and are
performed within a procedural framework established by higher level
employees. As experience is acquired, the employee performs with
less immediate supervision. Note that the term “entry” does not
always mean “no qualifications”; it also denotes entry into a class
series. Entry class titles are generally followed by the Roman
numeral I, such as “Accounting Assistant I.”
JOURNEY “Journey” commonly follows the entry level and is the fully
functional/trained level in either a class or in a class series. If the
class is part of a series, then the journey class titles are generally
followed by the Roman numeral II, such as “Accounting Assistant II.”
If a journey level class is a standalone class with no other levels,
then the title will not contain a modifier such as “I,” “II,” or “Senior.”
In the City’s Skills Based Pay program criteria associated with Step
6 is considered journey level.
Incumbents at the journey level are expected to be fully competent
to independently perform the position’s full range of duties. They
may also assist in training and providing direction to others.
ADVANCED
JOURNEY
“Advanced journey” follows journey and is commonly the third level
in a class series. Advanced journey titles typically include “III” in the
title, but only if there is a class series with lower-level classifications
(entry and journey) below it and if it is distinguished from the lower
levels by being the “highly specialized” level.
The advanced journey is the “highly specialized” level but may also
include lead duties, depending on the broadness of the class. For
example, the Accounting Assistant III is defined as the “advanced-
level class in the Accounting Assistant series, capable of performing
the most complex and difficult assignments.”
Not all class series include an advanced journey level. If this level is
needed, its duties should be clearly distinguished from the journey
level and not simply be a “time-in-grade” level. The “Class
Characteristics” section of the job description may include examples
of duties to assist in clarifying the advanced journey from the journey
levels of responsibility, and the advanced duties should account for
at least 50% of the work time. Advanced journey level classifications
are often standalone classifications (separate class specification)
and are not part of a flexibly-staffed series (career series) as
described on page 13.
PACKET PAGE 213
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Page 6
Term / Level Definition and Basic Information
LEAD “Lead” commonly follows journey and may be the second or third
level in a class series. Typical lead duties are to: train and provide
ongoing guidance to staff; assign and monitor work; and assist in
providing information to the supervisor in areas such as employee
selection, performance evaluations, and coverage schedules. Leads
typically provide oversight to a group of at least three lower-level
regular and/or supplemental staff while performing the day-to-day
work themselves, typically at a higher complexity/independence
level.
Leads are typically not responsible for hiring/firing, corrective
actions, or preparing performance evaluations, though they provide
input for the evaluations. Additionally, the indirect supervision that
s/he provides is less than 50% of a lead’s time.
While the City does not specifically use Lead as a job title, this type
of work can be found in classifications at the Coordinator, Senior, or
II (in a class series that is I, II) levels.
SUPERVISOR “Supervisor” commonly follows either the journey or advanced
journey/lead levels. Though some positions at the journey level and
up may have supervisory responsibilities (see levels above),
classifications at the supervisor level typically have primary
responsibility for full-time supervision of staff, including hiring/firing,
corrective actions, and completing and conducting performance
evaluations. Supervisors work closely with managers with regard to
major or sensitive issues.
Supervisors may conduct day-to-day work similar to their
subordinates in type, but usually perform the more difficult or
sensitive work in addition to supervising staff. Incumbents
responsible for supervising “functions” but not supervising staff do
not carry the title of “supervisor.” The primary reason the class
exists is to supervise regular City employees.
PACKET PAGE 214
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Page 7
Term / Level Definition and Basic Information
The term “full supervisory responsibility” relates to two dimensions:
the responsibility for the entire range of supervisory tasks (direct
supervision), and the amount of time spent performing those tasks.
As a rule of thumb, a class is considered a “full supervisor” if it has
responsibility for providing direct supervision for at least 30 to 40%
of the time. Other classifications, whether they are typically
considered journey or advanced journey, may provide direct
supervision; however, once the threshold of direct supervisory
responsibility exceeds 30 to 40%, then the need for allocation to a
“full supervisory” class is warranted.
Not all class series include a supervisor level. If included,
supervisors’ duties should be clearly distinguished from those of any
lead positions, since there may be overlapping duties.
MANAGER “Manager” classifications perform full functional management
responsibility for a division of a department or a work unit where the
work is of a highly specialized and technical nature. “Manager”
commonly follows the supervisor or advanced journey/lead level.
Manager differs from other levels in that incumbents in manager
positions have: (1) significant responsibility for managing at least 3
employees and for formulating, administering, or managing the
implementation of policies or programs; (2) responsibility for
directing the work of others either directly, or through subordinate
managers/supervisors; or, (3) significant responsibility for
overseeing and planning future delivery of services within the City.
DIRECTOR Director classifications recognize positions with full responsibility for
the administration and oversight of the activities and operations of a
distinct department.
CITY MANAGER The City Manager is the highest-level class and has full
responsibility for the direction and administration of the overall
organization.
PACKET PAGE 215
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Page 8
Flexibly-Staffed (Career Series) Classifications
1. Flexible staffing (called “career series” in San Luis Obispo) exists when a classification
series has two or more levels and an employee can be initially appointed to any level
in the series, depending upon experience and/or education, and can be promoted
from one level in the series to another without further testing. The purpose of using
this type of classification structure is not to just give employees more money for doing
the same job (grade/class creep); rather, there needs to be some rationale for its use,
such as a classification that has several positions allocated to it in one department
that needs to bring in new employees at a lower level, or to recognize a level that
handles the more complex duties of a class and/or independently performs the full
range of duties. It would not be expected to have a flexibly-staffed class series for
only one or two positions in a class. Also, it is through the flexibly-staffed mechanism
that the City is allowed to set up Apprentice/training classifications and then move a
successful Apprentice/Trainee up to the next level in the series without competing in
an open recruitment. Essentially, the successful completion of an apprenticeship/
training program will substitute for an open, competitive selection process.
2. The two levels (and sometimes three levels) in the flexibly-staffed class series are
essentially the same job (though the scope of duties is more limited at the entry level),
and it is the employee’s performance that warrants promotion to the journey level,
rather than a change in the position. Specifically, after putting in at least the required
time-in-grade, if an employee is performing the full scope of the position’s duties and
is doing so independently and with little direction, then promotion to the journey-
level class is warranted. The use of flexibly-staffed class levels is the only instance in
classification work where the emphasis is on the employee, while all other
classification actions, such as position studies, focus only on the position and not the
incumbent.
3. Promotion from the first level to the second level is not a vested right after serving
time in grade. Recommendations to be promoted within a flexibly-staffed class
series should be based on the following criteria:
• The incumbent must first meet the minimum time-in-grade requirement.
• S/he must be performing a large portion of the full range of duties of the class,
especially the more difficult/higher level duties assigned to the class.
• S/he must be performing his/her duties independently, referring only the most
unusual questions/situations to the supervisor.
Major characteristics of flexible staffing are:
• Ability to hire employees at any level in the classification series.
• Ability to recognize performance and to promote staff based on demonstrated
knowledge, skills, and abilities, independence of work performance, and a
specific amount of time-in-grade experience.
• Ability to promote from one level to the next without further examination.
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Job Description Section Definitions
The City’s class specifications (aka Job Descriptions) are descriptive and explanatory in
defining classifications. Each job description may contain all or part of the following
information:
Job Title
The class title is a brief and descriptive designation of the type of work performed.
The class title on payrolls, budgets, personnel reports, and other official forms and
reports will provide a common reference to the position. It should be understood
that the class title is selected to serve this purpose and is not to be construed as
limiting the use of working titles. Where there is more than one class in an career
series, prefixing or suffixing modifiers are to be used to indicate levels, e.g.,
Accountant I and II and Administrative Assistant I and II. Numerical suffixes are
preferred to the use of indicators such as “Trainee,” “Junior,” “Assistant,”
“Associate,” etc. The use of “Senior” denotes the advanced journey, lead, or
highly specialized level. The use of “Manager” denotes a level of management
responsibility, and the use of “Director” indicates the department head.
Job Summary
This section is a general description of the work and includes a brief, concise
definition of the primary responsibilities assigned to positions in the class. When
the classification concepts define entry level work as routine duties within an
assigned functional area of work, the definition should reflect this. When the
classification concepts define the responsibilities of a manager as assuming full
line and functional responsibility for a division and for the development and
implementation of divisional goals, objectives, policies, and priorities, the definition
should reflect the above listed range and level of assigned responsibilities. The
definition should be supported by the duties.
Class Characteristics
This section, when used, describes the level of work in relation to higher or lower
classifications in the same series, and further expounds on the basic definition.
The section identifies the qualities of a class that separate it from other levels of
work in the series, and if necessary, from other class series. It is this section that
is the most important in determining the class to which a particular job belongs by
distinguishing the:
1. entry from the journey level;
2. journey level from the entry and advanced journey levels;
3. advanced journey from the journey level; and
4. class series from other, similar related classifications.
Supervision Received and Exercised
This can be either one section or two, describes the level of supervision received
and exercised by positions in the class, and is used only for supervisory and
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management classifications. For a definition of the terms used to denote levels of
supervision, see the next part of this section on page 12.
Examples of Duties and Responsibilities
This section is intended to enable the reader to obtain a more complete concept of
the actual work performed in positions allocated to this class. It lists typical duties
that are common to positions of the class. These examples show the range of
duties performed by employees in the class. The list is descriptive, but not limiting.
It is not intended to describe all the work performed in all positions allocated to the
class. This section merely serves to illustrate the more typical portions of the work.
The duties are written in general terms but enable the reader to obtain a more
complete concept of the actual work performed. Specific versions of technology,
brands of tools or equipment, or other identifying information that could become
outdated in a relatively short period of time, should be avoided. The list is not
intended to describe all the work performed in all positions in the class, nor do all
examples apply to all positions allocated to the class. In the more populated
classifications, only one portion of the work examples may apply to a given
position. Duties are generally listed in descending order of importance or
percentage of time spent relative to other duties.
The statement, “Any one position may not include all of the duties listed nor do the
listed examples include all tasks that may be found in positions of this class”
precedes the list of duties. The statement “Performs related duties similar to the
above in scope and function as required” is included in all job descriptions as the
last listed duty in order to maintain the general approach to classification and to
provide flexibility to management in assigned duties.
Knowledge and Abilities
This section lists the knowledge/abilities (KAs) that the duties of the class require
and that applicants for positions in the class must possess at a minimum to be
qualified. It should be stressed that this section does not in any way refer to the
qualifications of present employees. Personal characteristics commonly required
of all employees, such as honesty, industry, and freedom from habitual use of
alcohol or drug addiction, should not be listed, since they are implied as required
qualifications for all classifications. It is important that all KAs link back to at least
one listed duty.
Education and Experience
This section lists the educational background and work record that would typically
indicate that an applicant would possess the knowledge and abilities to be
successful in the job. This section can contain more than one qualifying education
and experience pattern such as an internal and an external pattern. If additional
experience and/or education can substitute for the listed requirements, a specific
substitution pattern may be identified.
Possession and Maintenance Of
In certain classifications, legal or special provisions require possession of a
specific license or certification issued by a Board of Licensure or other governing
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body as a condition of employment or continued employment. The following is the
most common language: “Possession of a valid California Class C driver’s license
and a satisfactory driving record.”
Applicants for this Position will be Required to Complete the Following Before a
Final Offer is Made
This section outlines pre-employment checks on which a conditional job offer may
be made and prior to a final offer of employment. This section is maintained by HR
staff in considering risk management, state and federal requirements, and best
practices. Any combination of the following may be required.
1. a pre-employment physical;
2. a pre-employment DOT drug screening;
3. a polygraph;
4. a Police background check; and
5. a credit check.
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Definitions of Levels of Supervision
The following terms may be used to denote the levels of supervision received and
exercised by positions in the various classifications of work:
Direct Supervision
The basic characteristics of direct supervision are the assignment of tasks; the
observance, review, and evaluation of performance; the administration of line
personnel functions (e.g., selection, discipline, grievances, privileges); and
responsibility for the worker, as well as the work. The gradations of direct
supervision are described below in terms of supervision received by employees.
Immediate Supervision
The employee works in the presence of his/her supervisor or in a situation
of close control and easy reference. Work assignments are given with
explicit instructions or are so routine that few, if any, deviations from
established practices are made without checking with the supervisor. This
type of supervision generally is exercised over the entry level in a technical
or clerical series and trainee level in a professional series.
General Supervision
Assigned duties require the exercise of judgment or choice among possible
actions, sometimes without clear precedents and with concern for the
consequences of the action. The employee may or may not work in
proximity to his/her supervisor. This type of supervision typically pertains to
the journey levels in a technical or clerical series and the entry level in a
professional series.
Direction
The employee receives general instructions regarding the scope of and
approach to projects or assignments, but procedures and techniques are
left to the discretion of the employee. This category is usually applied to
journey-level professional positions and advanced journey level technical
and clerical positions in which employees are expected to operate with a
reasonable degree of independence.
General Direction
The employee is responsible for a program or function and is expected to
carry out necessary activities without direction, except as new or unusual
circumstances require. This category is usually reserved for supervisory
positions or advanced journey level professional classifications.
Administrative Direction
The employee has broad management responsibility for a large program or
set of related functions. Administrative direction is usually received in terms
of goals; review is received in terms of results. This category is usually
reserved for administrators, managers, or assistant directors.
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Policy Direction
This is reserved for department heads, division managers, and
assistant/City managers. This type of direction uses a set of principles and
long-term strategies and goals to form the basis of making rules and
guidelines, and to give overall direction to the planning and development of
the organization.
Indirect Supervision
Indirect supervision is characterized by some form of authority over the work of
employees not under direct supervision. In other words, the “supervisor” who
provides indirect supervision is responsible for the work, but not for the worker.
The descriptions above were written in relation to the employee under direct
supervision; the following subsections describe persons with responsibility for
exercising indirect supervision.
Technical Supervision
The “supervisor” is responsible for prescribing procedures, methods,
materials, and formats as a technical expert in a specialty. S/he may
produce or approve specifications, guides, lists, or directions. S/he may
give direction to employees, but usually on “how” and “why,” and does not
assign tasks or observe and evaluate performance. Technical supervision
is related to an occupational specialty or function, not to specified
employees.
Functional Supervision
The “supervisor” is responsible for a project or recurrent activities that
involve tasks performed by persons over whom s/he has authority to give
direction in regard to that project or activity, even though they are under the
direct supervision of someone else. Functional supervision may include
technical supervision, but goes beyond it in that the supervisor schedules
and assigns tasks, monitors progress, reviews results, evaluates the
employee regarding the area of assignment, and is the person responsible
for the completed work product.
Occupational Groups and Job Description Language
The following defines the six major occupational categories that cover the City’s job
classifications, and outlines the appropriate job description language for each
occupational category and the specific working levels, if any:
Executive Management
This category is reserved specifically for the City Manager and his/her direct
reports (with the exception of any professional or clerical reports); positions at this
level may be responsible for directly managing one or more departments within the
City, or may have responsibility for policy development at the highest level within
the City. The term “at-will” should be included in the job summary section (see
next paragraph).
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Job Summary: Work mainly involves problem solving and mediating highly conflicting,
unexpected and unusual problems involving multiple groups.
Class Characteristics: This section will include the following language: “This is an at-will
position, employment in this position may be terminated with or without cause or notice,
at any time, at the will of the City in its sole discretion.”
Level of Supervision Received: This class works under administrative/ policy direction,
which includes broad management responsibility for a large program or set of related
functions. Work is usually received in terms of goals; review is received in terms of
results.
Level of Supervision Exercised: This class may provide direct and/or indirect supervision
to lower-level personnel.
Management
This work involves formulating, evaluating, authorizing and interpreting policy for a
distinct organizational unit in a work unit or division of a department.
1. Definition Section: Work mainly involves problem solving and
mediating highly conflicting, unexpected, and unusual problems
involving multiple groups.
2. Level of Supervision Received: This class works under
administrative direction, which includes broad management
responsibility for a large program or set of related functions. Work is
usually received in terms of goals; review is received in terms of
results.
3. Level of Supervision Exercised: This class may provide direct and/or
indirect supervision to lower-level personnel.
Supervisory
This work involves planning, scheduling and assigning work for others to perform;
reviewing, evaluating, and reporting on the performance of those supervised; and
recommending changes to management for better achieving the objectives of the
organization. Such work constitutes the major part of the work of these job
classifications.
1. Definition Section: Work mainly involves having primary
responsibility for full-time supervision of staff, including hiring/firing,
corrective action, and completing and conducting performance
evaluations.
2. Level of Supervision Received: This class works under direction,
receiving general instructions regarding the scope and approach to
projects or assignments; procedures and techniques are left to the
discretion of the employee.
3. Level of Supervision Exercised: This class provides direct
supervision to lower-level personnel.
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Professional/Administrative
Professional – This works involves the continuous exercise of independent
discretion and judgement in areas that are predominantly intellectual,
philosophical, governed by conceptual understanding, analytical and varied in
character. Administrative – This work involves obtaining and analyzing information
needed by management and developing, recommending and implementing
policies, systems, and procedures, as authorized.
1. Entry - this is the first level in the series, and assignments are generally
limited in scope.
• Definition Section: Work mainly involves the review of information,
including summarization, analysis, interpretation and re-presentation
in a different format.
2. Journey - this is the fully-trained level within the series; incumbents are
expected to be fully competent to independently perform the full range of
duties.
• Definition Section: Work mainly involves the gathering and
interpretation of data dealing with problems and difficult situations.
Incumbents may put forth alternative solutions for consideration.
• Level of Supervision Exercised (if the class is assigned supervisory
responsibility): This class may provide indirect supervision to lower-
level personnel.
3. Advanced Journey – this is the highly specialized and/or lead level
responsible for the most complex assignments. Some positions may
perform full supervisory duties, but do not do so for a preponderance of
time (50% or more).
• Definition Section: Work mainly involves the gathering and
interpretation of data dealing with complex problems and unexpected
situations, including making recommendations.
• Level of Supervision Exercised (if the class is assigned supervisory
responsibility): This class may provide direct and/or indirect
supervision to lower-level personnel; however, this supervisory
responsibility is not the primary purpose of the class.
Technical/Paraprofessional
This work involves the use of specific skills, knowledge and abilities acquired for
use in a specialized area. Employs practical knowledge to perform learned
techniques, particularly in fiscal, scientific or mechanical areas.
1. Entry - this is the first level in the series and assignments are generally
limited in scope.
• Definition Section: Work mainly involves performance of prescribed
tasks in predictable order with minimal exceptions to standard
procedures.
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2. Journey - this is the fully trained level within the series; incumbents are
expected to be fully competent to independently perform the full range of
duties.
• Definition Section: Work mainly involves performing prescribed tasks
in a somewhat predictable order. Exceptions are regular but are
carried out according to pre-determined policies or procedures.
3. Advanced Journey – this is the highly specialized level responsible for
the most complex assignments. Some positions may perform full
supervisory duties, but do not do so for a preponderance of time.
• Definition Section: Work mainly involves the review of information,
including summarization, analysis, interpretation and re-presentation
in a different format.
• Level of Supervision Exercised (if the class is assigned supervisory
responsibility): This class may provide direct and/or indirect
supervision to lower level personnel; however, this supervisory
responsibility is not the primary purpose of the class.
Clerical
This work involves the transformation, organization, transmittal, recording, or
maintenance of data or information. The performance of this group may involve
the use of a variety of manual or electronic office equipment.
1. Entry - this is the first level in the series and assignments are generally
limited in scope.
• Definition Section: Work mainly involves performance of prescribed
tasks in predictable order with minimal exceptions to standard
procedures.
2. Journey - this is the fully trained level within the series; incumbents are
expected to be fully competent to independently perform the full range of
duties.
• Definition Section: Work mainly involves performing prescribed tasks
in a somewhat predictable order. Exceptions are regular but are
carried out according to pre-determined policies or procedures.
3. Advanced Journey – this is the highly specialized level responsible for
the most complex assignments. Some positions may perform
supervisory duties, but do not do so for a preponderance of time.
• Definition Section: Work mainly involves the review of information,
including summarization, analysis, interpretation and re-presentation
in a different format.
• Level of Supervision Exercised (if the class is assigned supervisory
responsibility): This class may provide direct and/or indirect
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supervision to lower level personnel; however, this supervisory
responsibility is not the primary purpose of the class.
Classification Studies
In addition to containing all of the agency’s job classifications, a classification plan also
includes a systematic process for grouping jobs into common classifications based on
similarities in duties, responsibilities, and requirements (knowledge, skills, and abilities).
It is a way of formally describing the specific job classifications of an agency to determine
the appropriate class and/or level for a classification, or to update the specification
content to more accurately describe the duties and responsibilities of a class. To properly
maintain the classification plan, it is sometimes necessary to conduct classification
studies which may involve anything from a single-classification audit to determine if a job
is properly classified, to a study of an entire classification series or organizational unit. If
a class study results in a new class, significant revisions to an existing class, or a salary
change, the City will follow the provisions of the applicable MOA in communicating those
changes to the employee representatives. To help understand the process and issues
related to classification studies, the information in this section provides answers to
common questions about classification studies and outlines a typical process.
Why Are Studies Conducted?
1. To address gradual or sudden changes in duties performed.
2. To address changes in organizational relationships and responsibilities.
3. To address recruitment and/or retention problems.
4. To ensure more equitable internal alignment — to establish an orderly, rational,
systematic structure of jobs based on their “worth.”
5. To assist in setting pay rates that are comparable with related jobs in other
organizations (although a compensation study would need to be conducted).
6. To measure work against a common standard — plan and organize work
effectively by defining work task, duties, responsibilities, functions, and related
requirements.
7. To identify a career ladder of progression or direction for employee
advancement.
8. To provide a solid foundation for addressing compensation issues (once again,
a compensation study would need to be conducted).
When Are Studies Conducted?
1. Per the City’s Personnel Rules and Regulations, requests for class/position
studies are to be submitted in February of each year. This is meant to link the
class/job study process to the annual budget process; therefore, department
heads may request class/job studies for their department during that time of the
year.
2. Unless the class study is exceptionally large and/or the request was submitted
at the end of the window period, every effort will be made to complete the study
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before the budget is finalized. This will allow for any impact(s) from the study to
be addressed in the regular budget process.
What Happens During a Study?
The City’s methodology for conducting a class study typically includes:
1. Maintaining reciprocal communication between HR and the study incumbent(s)
and department.
2. Reviewing all pertinent documentation.
3. Providing a Job Analysis Questionnaire (JAQ).
4. Developing and/or updating classification specifications.
5. Conducting orientation sessions with all employees if there are several
employees in the study.
6. Reviewing completed questionnaires.
7. Conducting interviews.
8. Analyzing the data.
9. Coordinating an informal review process.
10. Developing and presenting a preliminary report.
11. Developing and presenting a final report.
Tools/Processes Used in a Study
The JAQ is a form that is used to provide a detailed description of the duties and
responsibilities of a position. If a JAQ was not submitted with the request, Human
Resources will usually send the JAQ to the department for the incumbent to
complete. Human Resources will research the history of the position and the
class, and in most cases, interview the incumbent, the incumbent’s supervisor, and
other employees who perform similar work. These are called “audits,” and are
intended to:
1. Gather information about duties and responsibilities, not to judge work
performance.
2. Audit both single position classifications, as well as a group of position
classifications.
3. Gather information about multiple position classifications, which will be
audited as a group, with selected representation from each group.
4. Gather information from supervisors in order to provide clarification or
additional information.
5. Sometimes, other departments and/or comparable agencies with similar
classifications will be asked to provide information. It is also important to
interview the supervisor to clarify issues or identify issues that will occur in
the near future of which the employee may not be aware.
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The formal job evaluation process involves thoroughly researching, analyzing,
determining, and documenting the responsibilities, duties, skills, knowledge, and
abilities related to a position. Human Resources looks at various factors in
determining the proper class, such as, but not limited to, decision making
responsibilities; scope and complexity of work; nature of contact with others;
required knowledge, skills, and abilities; supervision received and exercised;
working conditions; physical effort and organizational level, size, etc. After all of
the relevant information has been collected, a written recommendation is prepared.
The written recommendation is an analysis of the data collected, which Human
Resources will use to prepare preliminary recommendations. Recommendations
are then reviewed and compiled in a draft report. Recommendations may include
reallocating a position to a different classification, developing a new classification,
changing the classification title, modifying the class specification, or determining
that the position is appropriately classified, and no revisions are warranted.
The draft report is sent to the involved department(s) for review. Changes may be
made based on additional information provided to Human Resources by the
involved department based on Human Resources’ (or the HR consultant’s, if one is
used) professional judgment.
If the study results in a recommendation to establish a new class or revise and/or
retitle an existing class, then it may be required that the study go before the City
Council. Salary issues are not to be addressed in a classification study. The
purpose of a classification study is to determine the appropriate classification for a
given position, not to determine the appropriate salary for a classification.
How Long Does it Take to Conduct a Study?
A study may take from a few weeks to several months. Some of the factors that
affect the length of a study are the number of classifications and positions included
in the study, the amount of research necessary, the extent of the
recommendations, the department’s shifting priorities, the length of time it takes to
get information from the department and/or incumbent, and the workload of Human
Resources.
How is the Incumbent Involved in the Study?
The incumbent’s role is to thoroughly and accurately complete the PDQ so that
Human Resources can fully understand the duties and responsibilities of the
position. Human Resources may also personally meet with the incumbent to
discuss the PDQ in more detail, tour the work area, and/or possibly observe the
incumbent performing certain tasks. Human Resources may also want to see
samples of the incumbent’s work. If the study is of an entire class with multiple
incumbents, each incumbent may not be asked to provide information; rather, a
representative sample will be selected and/or group interviews conducted. For
single position classifications, each person generally participates in a desk audit.
This typically involves meeting with an HR representative to review/clarify the
content of the submitted JAQ, to show/provide samples of work, to view the overall
work environment, and to answer questions. The intent is to clarify. Enhance, and
supplement information about the duties, responsibilities, requirements, and
environment of the subject position. Human Resources may also meet with
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supervisors and managers to clarify information and to provide a higher view of the
position in the overall organization.
How is a Recommendation Developed?
The recommendation is based on the review of the information previously
mentioned, and a comparison with the job description (also called class
specification). A change may impact other positions in the class or another class.
Some of the factors that do not influence a study are: volume of work, length of
service, job stress, quality of work, status on eligibility/hiring lists, the fact that other
employees are not working within their class, and the incumbent’s particular
qualifications. Incumbents should remember that the study is an evaluation of a
classification, and is not an evaluation of their performance.
Factors That May Justify a Reclassification
1. Significant or substantive changes in type of work/essential functions (e.g.
secretary now doing accounting work).
2. Change in lead/supervisory responsibilities.
3. Change in authority for making operational changes or in developing,
recommending, and interpreting policies and procedures, and the impact to the
organization (work group/section only? division? department? City-wide
impact?).
4. Addition of stronger, more complex duties/removal of lower duties; or, an
evolution to lower level, less complex duties.
5. Change in organizational structure or mandate that affects reporting
relationships, level in the organization, amount of management review, and/or
interactions.
Factors That do NOT Justify a Reclassification
1. Performance of the incumbent in the position; reclassification should not be
considered a reward or means to promote someone.
2. Retention of a specific employee.
3. Increase in workload that is of the same nature and level of complexity
(volume) - this is a workload issue.
4. Change in the emphasis of existing essential functions that are generally of the
same complexity.
5. Knowledge, skills, and abilities possessed by the incumbent that are not
required or regularly used in the position.
6. Technological changes or tools (i.e. new software) that do not substantially
alter the essential functions of the job (particularly if the “industry” is similarly
changing to the new technology).
7. Job “stress.” Perceived stress cannot be reliably measured and varies
between individuals.
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If a Classification is Changed, Does it Automatically Affect the Incumbent?
No. Since the study is of the classification, the effect to the incumbent is a
separate issue from the study. When a job is reclassified to a higher class, some
of the factors considered include: Developing and/or updating classification
specifications; whether the incumbent’s job was part of a study that affects all
employees in a department, major division, or occupational field; and/or if the
duties of the job evolved over a long period of time. The City’s policy, if a job is
reclassified, is that the employee must meet the minimum qualifications before
s/he can move into the recommended classification. If s/he does not, then it may
be necessary to find the employee another job in the class in which they have
status; if no such vacancy exists, then a lay off may be necessary.
Allocation Factors
Allocation factors are standards that are used to measure requirements of
individual jobs. These factors can be compared to measure the similarities and
differences among jobs. The allocation factors used to develop the City’s
classification plan are:
1. Decision-Making;
2. Scope and Complexity;
3. Contact with Others Required by the Job;
4. Supervision Exercised and Received; and
5. Minimum Qualifications, Including Knowledge, Skills and Abilities.
These allocation factors are carefully and consistently applied during the analysis
of each classification included in the study. They are then compared with the
same elements in jobs that involve similar kinds of work. Not all factors will be as
pertinent to all jobs, and each factor is analyzed in accordance with the importance
of that particular factor to the type of job.
Consideration of these allocation factors leads to the identification of various
classifications. More specifically, jobs are typically divided first into classification
families and series that involve the same kind of work, and then subdivided into
classifications based on levels of responsibility within each group.
Jobs are classified according to the nature and kind of duties assigned to the job.
The assignment of additional duties of a similar nature to a job does not justify a
higher classification. Problems of excessive workload are properly solved by
redistributing work or adding employees, not by reclassifying existing positions.
The allocation factors are briefly defined below:
Decision-Making
This allocation factor consists of (a) the decision-making responsibility and
degree of independence or latitude that is inherent in the job, and (b) the
impact of the decisions.
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Scope and Complexity
This allocation factor defines the breadth and difficulty of the assigned
function or program responsibility inherent in the classification. Things to
consider may include: regulatory issues, budget responsibility, supervision
exercised, independence of action, consequence of error, relative
complexity and difficulty of duties, interactions with officials (elected and
appointed), etc.
Contact with Others Required by the Job
This allocation factor measures (a) the types of contacts (public, internal vs.
external, formal presentations, contact with officials, boards, commissions,
etc.), and (b) the purpose of the contacts (direct to other resources, provide
information, give direction, etc.).
Supervision Exercised and Received
This allocation factor describes the level of supervision received from others
and the nature of supervision provided to others. It relates to the
independence of action inherent in a job.
Minimum Qualifications, Including Knowledge, Skills, and Abilities
This allocation factor defines the required experience and education,
knowledge, skills, and abilities necessary to perform assigned
responsibilities.
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PART III – COMPENSATION PLAN
Administration Policies
Because pay administration touches on so many areas of human resources
administration, it is important to cover some of them in the Plan so that all the pieces can
be seen and understood in the proper context. The City’s policies, directives, resolutions,
etc. on salary adjustments, initial salary step appointment, minimum performance
evaluation criteria, the effects of reclassification, transfer, and promotion on salary, etc.,
are found in various City documents and guiding rules/regulations, such as Chapter 2.36
of the Personnel Rules and Regulations, the City’s Compensation Philosophy (Resolution
No. 10238 (2011 Series)), Memorandum of Agreements with represented employee
groups, the Pay for Performance Plan, and the Skills-Based Pay Guidance Document.
Salary Structure Principles
Salary Ranges
The City utilizes a pay step system for most of its classifications. Generally, the City’s
salary ranges for non-exempt classifications, consist of 5 steps with approximately 5%
between each step. Exempt classifications (department heads and management
classifications), have salary ranges with minimum and maximum rates instead of steps.
Appointed officials have a flat-rate salary. Some non-exempt classifications with an
emphasis on skill acquisition such as Skills Based Pay or Master Police Officer, have
more than 5 salary steps instead of multiple levels of the same class.
Internal equity or how classifications are paid relative to each other, is an important factor
when establishing and maintaining a pay plan.
Classifications are assigned to salary ranges based on increasing duties and
responsibilities, varying levels of skill, knowledge, ability, and judgment, assignment of
supervisory, program, or budgetary authority, and span of control. Salary differentials are
measured by calculating the difference between the highest rate in one salary range to
the highest step in the other salary rang. The differential ranges that are a “best practice”
are outlined below, though there are sometimes exceptions, especially given salary
ranges are modified through the meet and confer process with represented employee
groups and timing of increases with one group may affect the differential with
classifications in another labor group. The following represents the “optimal” (but not
required) differentials between levels:
1. Entry to journey level of series = 5% to 10% differential;
2. Journey to advanced journey level of series = 10% to 15% differential;
3. Supervisory = 10% to 15% differential over the highest level supervised;
4. Division management = At least 10% to 15% differential over the highest
level supervised; and
5. City-wide/Department management = At least 15% differential over the
highest level supervised.
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There are some special circumstances that would warrant a reasonable differential,
based upon industry standards, between two classifications at the upper end of the
differential ranges. For differences between working levels in a class series (# 1 and 2
above), the higher levels may be up to 15% higher than the next lower level if the higher-
level job requires more education and/or experience to be considered qualified for
advancement than other journey or advanced journey level jobs. The basic rule of thumb
is to use the minimum differential when movement to the next higher class is primarily
based on additional experience. Higher requirements (e.g. education, certification,
licenses, etc.) may warrant a differential at the high end of the range.
For differences between subordinates and their supervisors/managers (#3, 4, and 5
above), the range of acceptable differentials is greater to accommodate the variety of
special circumstances that may occur and be accounted for. The main reasons for
allowing a supervisor/subordinate differential to be at the high end of the range are:
➢ To ensure equitable compensation for supervisors over employees who
earn high amounts of overtime or other special pays.
➢ To compensate for supervisors who must possess a different and higher
level of educational and/or technical proficiency than their subordinates. For
example, an engineer required to oversee a division that consists of
maintenance/trades personnel.
➢ To keep pace with the market.
For very small supervisor-subordinate salary range differentials of 5% or less, the City
Manager, through recommendation by the Human Resources Director, may adjust the
salary range of a manager by up to 10% to help mitigate the salary compaction problem
and/or to help with documented recruitment/retention difficulties.
Internal Relationships
The relative value of each job among all jobs within an organization is the internal
relationship of classifications as described in the City’s Compensation Philosophy.
“Internal relationships” refers to the relative value of classifications to one another as
determined by the City. Classifications performing comparable duties, with comparable
responsibilities, requiring a similar level of skill, knowledge, ability, and judgement, will be
valued similarly in the City’s compensation structures.
This ordered set of classifications represents the job structure or hierarchy. The basic
concept is simple: classifications that require higher qualifications, more/greater-level
responsibilities, and more complex duties should be paid more than jobs that require
lower qualifications, fewer/lesser responsibilities, and less complex job duties.
The City utilizes its current salary range system as a means of effecting internal equity.
Equity maintenance is achieved by the systematic approach to job/class studies that
review certain jobs for proper classification, and therefore, proper salary grade/range
placement. This process is called “job evaluation,” and is very important as a means to
create and maintain an internally consistent job structure. Effective job evaluation
identifies and defines job content by describing the job duties and tasks as well as other
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pertinent factors, such as skill and effort needed to perform the job adequately. With the
adoption of this Plan, the City will codify its historical use of the Whole Job Method. While
this method tends to look at a job as a “whole”, it also utilizes the common allocation
factors of: decision-making, scope and complexity, contact with others required by the
job, supervision exercised and received, and the minimum qualifications that include the
knowledge, skills, and abilities.
Internal equity is further emphasized as an important factor in the City’s Compensation
Philosophy (Attachment A).
Market Surveys
Market-competitive pay systems play a significant role in setting a salary that will attract
and retain well qualified employees. Conversely, paying more than is necessary may
represent an undue burden for the organization and for taxpayers. Because money is a
limited resource, organizations must strike a balance between offering sufficiently high
compensation to attract and retain well qualified employees and providing sufficient
resources to enable them to be productive.2 To this end, the City’s strategy for surveying
the relevant labor market to determine the organization’s place in the external market,
and determining the frequency and benchmarks for surveys is documented in the City’s
Compensation Philosophy.
Relevant Labor Market
Relevant labor markets represent the fields of potentially qualified candidates for
particular jobs, and are defined on the basis of occupational classification,
geography, and service/function/industry provided.
The following factors, including those outlined in in the City’s Compensation
Philosophy (Attachment A), should be considered in determining the relevant labor
market:
Comparable Industries – The size, type, and function of other organizations are a major
consideration. It is difficult to compare compensation with other industries/organizations
that do not organize themselves around a public sector model which serves the voters
and taxpayers and which does not function in a non-profit, accountable, and transparent
environment. In addition to these factors when comparing a public entities to private
sector enterprises, it is very difficult to obtain private section compensation data. And, for
any data that is collected, comparisons are difficult to make given the types of retirements
plans provided to private sector versus public sector employees and types of other
compensations such as bonuses. For these reasons, comparisons to other cities and the
local county will provide the best market data.
Geographic area we recruit or lose employees to: Geography is important for a couple of
reasons. First, the potential candidate pools are shared by similar agencies that are
close in proximity. If there is any potential of employees being recruited away from the
City, it most likely will be by a closer agency than one at some distance.
2 Compensation of represented employees are subject to the collective bargaining unit process.
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Comparable demographics to the City of San Luis Obispo. Parameters such as
population, education level of the community, cost-of-living, median income, etc. are often
factors to be considered when determining why that makes a good comparison agency.
Quality of life, while subjective, may also be considered when selecting comparable
municipal and other governmental agencies.
Number of agencies surveyed. The most effective number of survey agencies is between
8 and 12. Anything less than 8 survey agencies increases the chance that there will be
insufficient data collected when a specific job is hard to match. More than 10 or 12
agencies, however, do not significantly affect the data results in most cases. The
increased data adds little to the value of the survey; only making it more costly and time-
consuming to gather and report the data.
Choosing Benchmark Jobs
It is unnecessarily burdensome and expensive to survey all of the City’s
classifications, either for a city-wide survey or for a specific bargaining unit.
Benchmark jobs play an important role in compensation surveys because they
allow pay levels to be determined from the information collected on one job to
apply to other, similar jobs. Benchmark jobs have four characteristics:
1. The job contents are well-known, relatively stable over time, and
agreed upon by the employees involved.
2. The jobs are common across a number of different employers.
3. The jobs represent the entire range of jobs being evaluated within an
organization such as the journey level.
4. The jobs are generally accepted in the labor market for the purposes
of setting pay levels.
Because it is so important to determine and survey benchmark classifications, it is
essential that the City maintain its current internal equity chart which lists all of the
benchmark classifications and the relationships of all non-benchmarks
classifications to the benchmark classifications. If this maintenance is kept up as
new classes are added/deleted, salary ranges adjusted, internal relationships
reevaluated, etc., then when a new market study is conducted, the study will run
much smoother, can be started more quickly, and the resulting recommendations
implemented across the board in a fair and equitable manner.
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Data to Collect for Total Compensation Surveys
In most cases, the collected data will be for total compensation surveys. This
means, that in addition to collecting base salary information, data will also be
collected on a variety of “pays” provided to the employee. Total compensation
includes all compensation elements that add to an employee’s pay even if it is not
a direct payment. For instance, if an employer pays the employee’s portion of
her/his retirement contribution, then the effect is an increase in the employee’s pay
since they are not making those payments themselves. The following are some
common pay/cash benefit elements included in a total compensation survey:
• Employer-paid insurance premiums for health, dental, vision insurance, life
insurance and long-term disability insurance policies.
• Employer-paid retirement contributions of the employee’s portion of
retirement.
• Any employer contributions to deferred compensation plans.
• Allowances such as auto allowance.
• Special pays such as certificate pay, longevity pay, etc.
• Employer contributions to cafeteria plans and/or health savings accounts.
Other data may be collected on amounts of vacation, holiday, and other leaves
provided to employees as well as on some employment practices; however, this
information should not be monetized and folded into a total compensation amount.
Calculating Meaningful Information from the Data Gathered
There are two common statistics that are used in analyzing survey data: the
“mean” and the “median.”
Mean
The mean (average) salary is calculated by adding all of the collected data
point and dividing by the total number of surveyed data points in the set (the
City’s salary is not used in the equation). Many times, the set of salaries
collected will contain one or more outliers (salaries that are extremely large
or small in comparison to the other salaries), which can lead to a distorted
representation of the typical salary. The mean understates the “true” typical
value when there are one or more extremely small values and it overstates
the “true” typical value when there are one or more extremely large values.
While this problem can be mitigated if numerous survey cities and data
points are used, the additional work in collecting data from so many survey
cities is often not worth the gain.
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Median
The median is the middle value in an ordered sequence of numerical data
(excluding the City’s data). If there are an odd number of data points, the
median is literally the middle observation. If there are an even number of
data points, the median is the mean of the values corresponding to the two
middle numbers. The median does not create distorted representations like
the mean because its calculation is independent of the magnitude of each
value.
Because the median is not influenced by outliers as the mean can be, and
is used with a lesser number of data points, the City calculates the median
on its market surveys to determine its place in the market.
Timing of Market Surveys
When all of the recommendations and guidelines in this Plan are followed, such as using
a systematic and regular job evaluation process, determining the appropriate labor
market and establishing benchmark classifications, as well as annually adjusting salaries
for any cost of living increases that have been approved, it is not necessary to conduct
market surveys on an annual or bi-annual basis. Rather, with a well thought-out and
developed approach and solid process, the City can maintain its place in the market by
conducting a market survey every five years or so, or just before negotiations begin, if
needed. This will allow sufficient time to check in on the external market to ensure that
the City is offering a compensation level that helps to recruit and retain qualified
employees in its regular workforce.
The specific language on market survey timing from Attachment A reads:
At least every five years, the City will evaluate its compensation structure, programs, and
policies to assess market competitiveness, effectiveness, and compliance with state law.
Adjustments to the compensation structure may be made as a result of this periodic
evaluation and will be done through the collective bargaining process, if applicable, or
other Council-management process.
Compensation Philosophy
Once the market survey data have been collected and analyzed, what an agency does
with the information depends upon the overall compensation philosophy. The City’s
Compensation Philosophy (Attachment A) states employees will be compensated
competitively with an overall objective of attracting and retaining well qualified employees.
In determining “competitive compensation” the City takes a measured approach, with the
financial sustainability of the City and community acceptability as important factors to
consider, along with the external relevant market survey results. Therefore, in addition to
market survey results, the following are the guidelines and factors that the City considers
when making compensation decisions, as outlined, in part, in Attachment A:
1. The City will consider total compensation, including but not limited to,
salary, health, retirement, and other pay/cash benefits.
2. In cases of setting salaries for specific new, revised, or existing
classifications, or if a check on pay is needed to address concerns
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expressed by an employee or manager, base pay will be the primary
consideration.
3. Financial sustainability includes the City’s financial condition as reflected in
the financial forecast, competing service priorities, maintenance needs,
capital improvement and other asset requirements, fund service levels, and
revenue projections, prior to implementing changes in compensation.
4. Since taxpayers and ratepayers fund all employee compensation,
community acceptability is considered.
5. Internal relationships are an important consideration that looks at the
relative value of classifications to one another as determined by the City.
6. Other relevant factors may include unforeseen economic changes, natural
disasters, states of emergency, changes in City services, and changes in
regulatory or legal requirements.
Section 2.36 of the Personnel Rules and Regulations (Attachment B) describes the
purpose of the City’s Compensation Plan as based upon the classification plan and
designed to establish levels of pay and benefits that reflect on appropriate relationships
among classifications within the City service. The Plan should be maintained consistent
with the goals of adequately compensating City employees for their work and attracting
and retaining qualified applicants.
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ATTACHMENT A – Page 1
ATTACHMENT A
RESOLUTION NO. 10248, COMPENSATION PHILOSOPHY
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ATTACHMENT A – Page 2
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ATTACHMENT B – Page 1
ATTACHMENT B - Job Description Template
Date:
Salary Range:
Class Code:
Association:
EEO:
JOB TITLE:
The class title is a brief and descriptive designation of the type of work performed.
JOB SUMMARY:
This section is a general description of the work and includes a brief, concise definition of the
primary responsibilities assigned to positions in the class. When the classification concepts define
entry level work as routine duties within an assigned functional area of work, the definition should
reflect this.
CLASS CHARACTERISTICS:
This section describes the level of work in relation to higher or lower classifications in the same
series, and further expounds on the basic definition. The section identifies the qualities of a class
that separate it from other levels of work in the series, and if necessary, from other class series.
SUPERVISION RECEIVED AND EXERCISED:
Describes the level of supervision received and exercised by positions in the class.
EXAMPLES OF DUTIES AND RESPONSIBILITIES:
(Any one position may not include all of the duties listed, nor do the listed examples include all tasks
that may be found in positions of this class.)
This section is intended to enable the reader to obtain a more complete concept of the
actual work performed in positions allocated to this class. It lists typical duties that are
common to positions of the class. These examples show the range of duties performed
by employees in the class. The list is descriptive, but not limiting. The duties are written
in general terms but enable the reader to obtain a more complete concept of the actual
work performed. The list is not intended to describe all the work performed in all positions
in the class, nor do all examples apply to all positions allocated to the class. Duties are
generally listed in descending order of importance or percentage of time spent relative to
other duties and may be grouped along lines of similar responsibilities.
• Performs related duties similar to the above in scope and function as required.
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ATTACHMENT B – Page 2
KNOWLEDGE AND ABILITIES:
This section lists the knowledge/abilities (KAs) that the duties of the class require and that
applicants for positions in the class must possess at a minimum to be qualified. Personal
characteristics commonly required of all employees, such as honesty, industry, and freedom from
habitual use of alcohol or drug addiction, should not be listed, since they are implied as required
qualifications for all classifications. It is important that all KAs link back to at least one listed duty.
Knowledge of:
•
Ability to:
•
EDUCATION AND EXPERIENCE:
Lists the education and experience background that would typically indicate that an applicant would
possess the knowledge and abilities to be successful in the job. This section can contain more than
one qualifying education/experience pattern such as internal and external patterns.
and
or
An equivalent combination of education and experience.
POSSESSION AND MAINTENANCE OF:
In certain classifications, legal or special provisions require possession of a specific license or
certification issued by a Board of Licensure or other governing body as a condition of employment
or continued employment.
• A valid California Class C driver’s license and a satisfactory driving record.
APPLICANTS FOR THIS POSITION WILL BE REQUIRED TO COMPLETE THE FOLLOWING
BEFORE A FINAL OFFER IS MADE:
(Note: Only include the ones of the following that apply)
• a pre-employment physical;
• a pre-employment DOT drug screening;
• a Polygraph;
• a Police background check; and
• a credit check.
Reviewer Routing List Reviewer Name Date Reviewed
Supervisor
Department Head
Human Resources
Posted on NEOGOV
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RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE REGULAR AND
SUPPLEMENTAL SALARY SCHEDULES
WHEREAS, CalPERS requires the City to maintain published, publicly available salary
schedules for all positions; and,
WHEREAS, to meet CalPERS’ requirements, the salary schedule must be approved and
adopted as a stand-alone document stating the title of every position in the City, the base salary
for each position, the time base for each pay rate, and the effective date and dates of revisions;
and,
WHEREAS, the Salary Schedules must be adopted by the City Council in accordance
with requirements of applicable public meeting laws, in totality, whenever there is a change to
the salary schedule.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Regular Salary Schedule effective July 26, 2018 attached hereto as
Exhibit “A” and incorporated herein by this reference, is hereby adopted.
SECTION 2. The Regular Salary Schedule effective August 9, 2018 attached hereto as
Exhibit “B” and incorporated herein by this reference, is hereby adopted.
SECTION 3. The Supplemental Salary Schedule effective July 26, 2018 attached hereto as
Exhibit “C” and incorporated herein by this reference, is hereby adopted.
Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July, 2018.
___________________________________
Mayor Heidi Harmon
ATTEST:
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__________________________________
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
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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
ACCOUNTANT 3020 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
ACCOUNTING ASSISTANT I 4020 417 CEA 8810 Non-Exempt 6 1 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
ACCOUNTING ASSISTANT II 4030 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
ACCOUNTING ASSISTANT III 4040 421 CEA 8810 Non-Exempt 6 1 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
ACCOUNTING MANAGER 3011 347 MME 8810 Exempt 2 1 3,675$ 3,675$ 3,675$ 3,675$ 4,593$ -$ -$ -$ -$
ACTIVE TRANSPORTATION MANAGER 3261 325 MME 8810 Exempt 2 2 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
ADMINISTRATION EXECUTIVE ASSISTANT 3520 365 CFE 8810 Non-Exempt 6 1 1,971$ 2,075$ 2,184$ 2,299$ 2,420$ -$ -$ -$ -$
ADMINISTRATIVE ANALYST 3029 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT I 4500 417 CEA 8810 Non-Exempt 6 1 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT II 4510 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT III 4520 423 CEA 8810 Non-Exempt 6 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
APPLICATION SYSTEM SPECIALIST 4368 439 CEA-C 9410 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ASSISTANT CITY ATTORNEY 3050 353 MME 8810 Exempt 2 1 3,911$ 3,911$ 3,911$ 3,911$ 4,887$ -$ -$ -$ -$
ASSISTANT CITY CLERK 3036 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
ASSISTANT CITY MANAGER 2510 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
ASSISTANT PLANNER 4080 432 CEA 8810 Non-Exempt 5 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
ASSISTANT TO THE CITY MANAGER 3031 335 MME 8810 Exempt 2 1 3,271$ 3,271$ 3,271$ 3,271$ 4,087$ -$ -$ -$ -$
ASSOCIATE PLANNER 4090 437 CEA 8810 Non-Exempt 2 10 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
BUDGET MANAGER 3025 330 MME 8810 Exempt 2 1 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
BUILDING AND SAFETY SUPERVISOR 3075 325 MME 9410 Exempt 2 10 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
BUILDING INSPECTOR I 4100 432 CEA 9410 Non-Exempt 3 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
BUILDING INSPECTOR II 4113 435 CEA 9410 Non-Exempt 3 10 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
BUSINESS ANALYST 3026 315 MME-C 8810 Exempt 2 1 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
CHIEF BUILDING OFFICIAL 2537 244 MME 9410 Exempt 2 10 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
CITY ATTORNEY 2020 210 APO 8810 Exempt 2 1 7,494$ -$ -$ -$ -$ -$ -$ -$ -$
CITY BIOLOGIST 3570 325 MME 9410 Exempt 2 6 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
CITY CLERK 3035 340 MME 8810 Exempt 2 1 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
CITY COUNCIL MEMBER 1030 104 CCM 8810 Exempt 1 1 554$ -$ -$ -$ -$ -$ -$ -$ -$
CITY MANAGER 2010 220 APO 8810 Exempt 1 1 8,073$ -$ -$ -$ -$ -$ -$ -$ -$
CLASSIFICATION AND COMPENSATION SPECIALIST 3553 368 CFE-C 8810 Non-Exempt 5 1 2,040$ 2,147$ 2,260$ 2,379$ 2,504$ -$ -$ -$ -$
CODE ENFORCEMENT OFFICER I 4114 432 CEA 9410 Non-Exempt 3 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
CODE ENFORCEMENT OFFICER II 4116 435 CEA 9410 Non-Exempt 3 10 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
CODE ENFORCEMENT SUPERVISOR 3076 320 MME 9410 Exempt 2 10 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
CODE ENFORCEMENT TECHNICIAN I 4117 421 CEA 9410 Non-Exempt 3 10 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
CODE ENFORCEMENT TECHNICIAN II 4118 423 CEA 9410 Non-Exempt 3 10 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
COMMUNICATIONS MANAGER 8056 856 PSO 8810 Exempt 2 4 4,028$ 4,240$ 4,463$ 4,698$ 4,945$ 5,205$ -$ -$ -$
COMMUNICATIONS SUPERVISOR 8050 855 PSO 8810 Exempt 2 4 2,835$ 2,984$ 3,141$ 3,306$ 3,480$ 3,663$ -$ -$ -$
COMMUNICATIONS TECNICIAN 7010 712 POA 8810 Non-Exempt 6 4 2,256$ 2,375$ 2,500$ 2,632$ 2,771$ 2,917$ 3,070$ -$ -$
CONSTROL SYSTEMS TECHNICIAN 4363 435 CEA 9420 Non-Exempt 3 12 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
Page 1 of 6
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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
CONSTRUCTION ENGINEERING MANAGER 3099 340 MME 9410 Exempt 2 2 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
CONTROL SYSTEMS ADMINISTRATOR 4364 439 CEA 9420 Non-Exempt 3 12 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
DATABASE ADMINISTRATOR 4367 439 CEA 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
DEPUTY CITY CLERK 4535 423 CEA 8810 Non-Exempt 5 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
DEPUTY DIRECTOR OF CDD - DEVELOPMENT REVIEW 2544 244 MME 8810 Exempt 1 10 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
DEPUTY DIRECTOR OF CDD - LONG RANGE PLANNING 2545 244 MME 8810 Exempt 1 10 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS 2565 244 MME 9410 Exempt 1 1 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 2555 249 MME 8810 Exempt 1 2 4,394$ 4,394$ 4,394$ 4,394$ 5,492$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WASTEWATER 2575 244 MME 9410 Exempt 1 13 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WATER 2574 244 MME 9410 Exempt 1 12 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
DEPUTY FIRE CHIEF 2615 257 MME 7706 Exempt 1 5 4,734$ 4,734$ 4,734$ 4,734$ 5,917$ -$ -$ -$ -$
DIRECTOR OF COMMUNITY DEVELOPMENT 2550 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
DIRECTOR OF FINANCE 2533 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
DIRECTOR OF HUMAN RESOURCES 2540 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
DIRECTOR OF PARKS AND RECREATION 2590 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
DIRECTOR OF PUBLIC WORKS 2560 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
DIRECTOR OF UTILITIES 2580 267 DPH 8810 Exempt 1 1 5,192$ 5,192$ 5,192$ 5,192$ 6,493$ -$ -$ -$ -$
ECONOMIC DEVELOPMENT MANAGER 3120 340 MME 9410 Exempt 2 1 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
ENGINEER I 4160 435 CEA 9410 Non-Exempt 2 2 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
ENGINEER II 4161 439 CEA 9410 Non-Exempt 2 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ENGINEER III 4162 442 CEA 9410 Non-Exempt 2 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
ENGINEERING INSPECTOR I 4151 430 CEA 9410 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
ENGINEERING INSPECTOR II 4152 433 CEA 9410 Non-Exempt 3 2 2,433$ 2,561$ 2,696$ 2,838$ 2,987$ -$ -$ -$ -$
ENGINEERING INSPECTOR III 4153 439 CEA 9410 Non-Exempt 3 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ENGINEERING INSPECTOR IV 4154 442 CEA 9410 Non-Exempt 3 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
ENGINEERING TECHNICIAN I 4170 423 CEA 8810 Non-Exempt 3 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
ENGINEERING TECHNICIAN II 4171 425 CEA 8810 Non-Exempt 3 2 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ -$ -$ -$ -$
ENGINEERING TECHNICIAN III 4172 430 CEA 8810 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
ENVIRONMENTAL COMPLIANCE INSPECTOR 4220 432 CEA 9410 Non-Exempt 3 12 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
ENVIRONMENTAL PROGRAMS MANAGER 3171 325 MME 9410 Exempt 3 13 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
EVIDENCE TECHNICIAN 7020 715 POA 9410 Non-Exempt 3 4 3,012$ 3,171$ 3,338$ 3,514$ 3,699$ 3,894$ 4,099$ -$ -$
FACILITIES MAINTENANCE SUPERVISOR 3070 315 MME 9420 Exempt 3 2 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
FACILITIES MAINTENANCE TECHNICIAN (SBP)4305 450 CEA 9420 Non-Exempt 8 2 1,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$
FIRE BATTALION CHIEF 5010 505 FBC 7706 Exempt 1 5 4,383$ 4,614$ 4,857$ 5,113$ 5,382$ 5,665$ -$ -$ -$
FIRE CAPTAIN 6010 621 FFA 7706 Non-Exempt 2 5 3,420$ 3,600$ 3,789$ 3,988$ 4,198$ -$ -$ -$ -$
FIRE CHIEF 2610 272 DPH 7706 Exempt 1 1 5,440$ 5,440$ 5,440$ 5,440$ 6,802$ -$ -$ -$ -$
FIRE ENGINEER 6020 615 FFA 7706 Non-Exempt 3 5 2,925$ 3,079$ 3,241$ 3,412$ 3,592$ -$ -$ -$ -$
FIRE FIGHTER 6040 612 FFA 7706 Non-Exempt 4 5 2,431$ 2,701$ 2,843$ 2,993$ 3,151$ 3,317$ -$ -$ -$
FIRE INSPECTOR I 6198 626 FFA 9410 Non-Exempt 3 5 2,459$ 2,588$ 2,724$ 2,867$ 3,018$ -$ -$ -$ -$
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7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
FIRE INSPECTOR II 6200 630 FFA 9410 Non-Exempt 3 5 2,728$ 2,872$ 3,023$ 3,182$ 3,349$ -$ -$ -$ -$
FIRE INSPECTOR III 6202 633 FFA 9410 Non-Exempt 3 5 2,948$ 3,103$ 3,266$ 3,438$ 3,619$ -$ -$ -$ -$
FIRE MARSHAL 3130 347 MME 9410 Exempt 1 1 3,675$ 3,675$ 3,675$ 3,675$ 4,593$ -$ -$ -$ -$
FIRE VEHICLE MECHANIC 6030 616 FFA 9420 Non-Exempt 7 5 2,998$ 3,156$ 3,322$ 3,497$ 3,681$ -$ -$ -$ -$
FLEET MAINTENANCE SUPERVISOR 3350 315 MME 9420 Exempt 3 12 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
GIS SPECIALIST I 4177 433 CEA 8810 Non-Exempt 3 2 2,433$ 2,561$ 2,696$ 2,838$ 2,987$ -$ -$ -$ -$
GIS SPECIALIST II 4178 437 CEA 8810 Non-Exempt 3 2 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
GOLF MAINTENANCE CREW COORDINATOR 3161 426 CEA 9420 Non-Exempt 8 6 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
HAZARDOUS MATERIALS COORDINATOR 6165 617 FFA 9420 Non-Exempt 3 5 3,525$ 3,711$ 3,906$ 4,112$ 4,328$ -$ -$ -$ -$
HEAVY EQUIPMENT MECHANIC 4250 426 CEA 9420 Non-Exempt 7 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
HOUSING PROGRAMS MANAGER 3168 320 MME 8810 Exempt 2 10 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 3532 360 CFE 8810 Non-Exempt 6 1 1,654$ 1,741$ 1,833$ 1,929$ 2,031$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 3534 363 CFE 8810 Non-Exempt 6 1 1,741$ 1,833$ 1,929$ 2,030$ 2,137$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 3536 365 CFE 8810 Non-Exempt 6 1 1,971$ 2,075$ 2,184$ 2,299$ 2,420$ -$ -$ -$ -$
HUMAN RESOURCES ANALYST I 3240 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
HUMAN RESOURCES ANALYST II 3245 315 MME 8810 Exempt 2 1 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
HUMAN RESOURCES MANAGER 3320 325 MME 8810 Exempt 2 1 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
HUMAN RESOURCES SPECIALIST 3552 368 CFE 8810 Non-Exempt 5 1 2,040$ 2,147$ 2,260$ 2,379$ 2,504$ -$ -$ -$ -$
INFORMATION TECHNOLOGY ASSISTANT 4255 423 CEA 8810 Non-Exempt 3 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
INFORMATION TECHNOLOGY MANGER 3180 353 MME 8810 Exempt 2 1 3,911$ 3,911$ 3,911$ 3,911$ 4,887$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SUPERVISOR 3145 325 MME 8810 Exempt 2 2 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SUPPORT SERVICES SUPERVISOR 3179 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
INTERIM DEPUTY CITY MANAGER 3034 244 MME 8810 Exempt 1 1 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
INTERIM DEPUTY DIRECTOR - SUSTAINABILITY 3201 244 MME 8810 Exempt 2 6 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
INTERIM DIRECTOR OF FINANCE 2536 244 MME 8810 Exempt 1 1 4,185$ 4,185$ 4,185$ 4,185$ 5,229$ -$ -$ -$ -$
INTERIM INFORMATION TECHNOLOGY SUPERVISOR 3181 335 MME 8810 Exempt 2 1 3,271$ 3,271$ 3,271$ 3,271$ 4,087$ -$ -$ -$ -$
LABORATORY ANALYST (SBP)4775 456 CEA 9410 Non-Exempt 3 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
LABORATORY MANAGER 3185 330 MME 9410 Exempt 3 12 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
LEAD NETWORK ADMINISTRATOR 4369 441 CEA 8810 Non-Exempt 3 1 2,993$ 3,150$ 3,316$ 3,490$ 3,674$ -$ -$ -$ -$
LEGAL ASSISTANT 3541 363 CFE 8810 Non-Exempt 6 1 1,741$ 1,833$ 1,929$ 2,030$ 2,137$ -$ -$ -$ -$
LEGAL ASSISTANT/PARALEGAL 3542 369 CFE 8810 Non-Exempt 6 1 2,151$ 2,264$ 2,383$ 2,508$ 2,640$ -$ -$ -$ -$
MAINTENANCE WORKER I 4290 417 CEA 9420 Non-Exempt 8 2 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
MAINTENANCE WORKER II - PARKS 4330 421 CEA 9420 Non-Exempt 8 2 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
MAINTENANCE WORKER III - PARKS 4320 419 CEA 9420 Non-Exempt 8 2 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
MAYOR 1010 110 CCM 8810 Exempt 1 1 693$ -$ -$ -$ -$ -$ -$ -$ -$
MECHANIC HELPER 4251 417 CEA 7706 Non-Exempt 7 5 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
NATURAL RESOURCES MANAGER 3200 340 MME 8810 Exempt 2 6 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
NEIGHBORHOOD OUTREACH MANAGER 3210 320 MME 8810 Exempt 2 1 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
NETWORK ADMINISTRATOR 4366 439 CEA 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
Page 3 of 6
PACKET PAGE 246
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
NETWORK SERVICES SUPERVISOR 3155 330 MME 8810 Exempt 2 1 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
NETWORK TECHNICIAN 4256 425 CEA 8810 Non-Exempt 3 1 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ -$ -$ -$ -$
PARKING COORDINATOR 4380 426 CEA 9420 Non-Exempt 5 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER I 4390 420 CEA 9420 Non-Exempt 3 2 1,736$ 1,827$ 1,923$ 2,024$ 2,131$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER II 4391 423 CEA 9420 Non-Exempt 3 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PARKING METER REPAIR WORKER 4370 421 CEA 9420 Non-Exempt 7 2 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
PARKING SERVICES MANAGER 3220 330 MME 9410 Exempt 2 2 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
PARKING SERVICES SUPERVISOR 3225 305 MME 9410 Exempt 2 2 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
PARKS CREW COORDINATOR 4340 451 CEA 9420 Non-Exempt 8 2 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ -$ -$ -$ -$
PARKS MAINTENANCE SPECIALIST (SBP)4339 446 CEA 9420 Non-Exempt 8 2 1,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$
PARKS MAINTENANCE SUPERVISOR 3040 315 MME 9420 Exempt 3 2 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
PERMIT SERVICES COORDINATOR 3115 305 MME 8810 Exempt 2 10 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
PERMIT TECHNICIAN I 4105 419 CEA 8810 Non-Exempt 5 10 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
PERMIT TECHNICIAN II 4106 423 CEA 8810 Non-Exempt 7 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PLANNING TECHNICIAN 4070 423 CEA 8810 Non-Exempt 5 10 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PLANS EXAMINER 4115 437 CEA 8810 Non-Exempt 3 10 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
POLICE CADET 7030 706 POA 7720 Non-Exempt 4 4 2,085$ 2,195$ 2,311$ 2,433$ 2,561$ 2,696$ 2,838$ -$ -$
POLICE CAPTAIN 8040 810 PSO 7720 Exempt 1 4 5,075$ 5,342$ 5,623$ 5,919$ 6,230$ 6,558$ -$ -$ -$
POLICE CHIEF 2600 279 DPH 9410 Exempt 1 1 5,802$ 5,802$ 5,802$ 5,802$ 7,252$ -$ -$ -$ -$
POLICE FIELD SERVICES TECHNICIAN 7040 709 POA 9410 Non-Exempt 3 4 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ -$ -$
POLICE LIEUTENANT 8030 805 PSO 7720 Exempt 2 4 4,412$ 4,644$ 4,888$ 5,145$ 5,416$ 5,701$ -$ -$ -$
POLICE OFFICER 7510 720 POA 7720 Non-Exempt 4 4 2,722$ 2,865$ 3,016$ 3,175$ 3,342$ 3,518$ 3,703$ 3,898$ 4,103$
POLICE RECORDS CLERK I 7050 700 POA 8810 Non-Exempt 6 4 1,693$ 1,782$ 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$
POLICE RECORDS CLERK II 7060 703 POA 8810 Non-Exempt 6 4 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ 2,424$ 2,552$ -$ -$
POLICE RECORDS SUPERVISOR 8045 850 PSO 8810 Exempt 2 4 2,557$ 2,692$ 2,834$ 2,983$ 3,140$ 3,305$ -$ -$ -$
POLICE SERGEANT 8010 800 PSO 7720 Non-Exempt 3 4 3,835$ 4,037$ 4,249$ 4,473$ 4,708$ 4,956$ -$ -$ -$
PRINCIPAL PLANNER 3341 340 MME 8810 Exempt 2 10 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
PROPERTY AND EVIDENCE CLERK 7043 709 POA 8810 Non-Exempt 3 4 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ -$ -$
PURCHASING ANALYST 3021 305 MME 8810 Exempt 2 1 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
RANGER MAINTENANCE WORKER 4335 419 CEA 9420 Non-Exempt 8 6 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
RECREATION COORDINATOR 4460 426 CEA 9420 Non-Exempt 5 6 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
RECREATION MANAGER 3290 320 MME 8810 Exempt 2 6 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
RECREATION SUPERVISOR 3300 305 MME VARIES Exempt 2 6 2,441$ 2,441$ 2,441$ 2,441$ 3,050$ -$ -$ -$ -$
SENIOR ACCOUNTANT 3100 315 MME 8810 Exempt 2 1 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
SENIOR ADMINISTRATIVE ANALYST 3030 315 MME 8810 Exempt 2 1 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
SENIOR CIVIL ENGINEER 3335 330 MME 9410 Exempt 2 2 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
SENIOR PLANNER 3326 320 MME 8810 Exempt 2 10 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
SIGNAL AND STREETLIGHT TECHNICIAN 4540 430 CEA 9420 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
STAFETY AND TECHNICAL TRAINING ENGINEER 3405 320 MME 9410 Exempt 2 2 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
Page 4 of 6
PACKET PAGE 247
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
STREET SUPERVISOR 3331 315 MME 9420 Exempt 3 2 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
STREETS CREW COORDINATOR 4365 451 CEA 9420 Non-Exempt 7 2 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ -$ -$ -$ -$
STREETS MAINTENANCE OPERATOR (SBP)4360 446 CEA 9420 Non-Exempt 8 2 1,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$
SUPERVISING ACCOUNTING ASSISTANT 4525 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUPERVISING ADMINISTRATIVE ASSISTANT 4530 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUPERVISING CIVIL ENGINEER 3340 340 MME 9410 Exempt 2 2 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
SUPERVISING UTILITY BILLING ASSISTANT 4526 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUSTAINABILITY MANAGER 3442 325 MME 8810 Exempt 2 1 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
SWEEPER OPERATOR 4230 422 CEA 9420 Non-Exempt 8 2 1,828$ 1,924$ 2,025$ 2,132$ 2,244$ -$ -$ -$ -$
SYSTEMS INTEGRATION ADMINISTRATOR 4369 439 CEA-C 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
TECHNOLOGY PROJECT MANAGER 3441 325 MME-C 8810 Exempt 2 1 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
TOURISM COORDINATOR 4033 426 CEA 8810 Non-Exempt 5 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
TOURISM MANAGER 3033 320 MME 8810 Exempt 2 1 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
TRANSIT ASSISTANT 4143 423 CEA 8810 Non-Exempt 6 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
TRANSIT COORDINATOR 4145 426 CEA 9410 Non-Exempt 6 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
TRANSIT MANAGER 3360 330 MME 9410 Exempt 2 2 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
TRANSPORTATION ASSISTANT 4140 423 CEA 9410 Non-Exempt 6 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
TRANSPORTATION MANAGER 3262 340 MME 9410 Exempt 2 2 3,434$ 3,434$ 3,434$ 3,434$ 4,292$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER I 4163 435 CEA 9410 Non-Exempt 2 2 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER II 4164 439 CEA 9410 Non-Exempt 2 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER III 4165 442 CEA 9410 Non-Exempt 2 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
UNDERGROUND UTILITIES LOCATOR 4575 423 CEA 9420 Non-Exempt 7 12 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
URBAN FOREST SUPERVISOR/CITY ARBORIST 3045 315 MME 9420 Exempt 3 2 2,692$ 2,692$ 2,692$ 2,692$ 3,362$ -$ -$ -$ -$
URBAN FORESTER (SBP)4570 450 CEA 9420 Non-Exempt 8 2 1,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$
UTILITIES BUSINESS MANAGER 3175 330 MME 8810 Exempt 2 12 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
UTILITIES PROJECTS MANAGER 3400 330 MME 9410 Exempt 2 12 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
UTILITY BILLING ASSISTANT 4021 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
UTLITIES ENGINEER 3380 330 MME 9410 Exempt 2 2 3,115$ 3,115$ 3,115$ 3,115$ 3,892$ -$ -$ -$ -$
WASTEWATER COLLECTION SUPERVISOR 3420 325 MME 9420 Exempt 7 12 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
WASTEWATER COLLECTION SYSTEM OPERATOR (SBP)4771 452 CEA 9420 Non-Exempt 7 13 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WATER DISTRIBUTION CHIEF OPERATOR 4179 437 CEA 9420 Non-Exempt 7 12 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
WATER DISTRIBUTION SUPERVISOR 3430 325 MME 9420 Exempt 3 12 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
WATER DISTRIBUTION SYSTEM OPERATOR (SBP)4773 452 CEA 9420 Non-Exempt 7 12 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WATER RESOURCE PROGRAM MANAGER 3372 320 MME 9410 Exempt 2 12 2,825$ 2,825$ 2,825$ 2,825$ 3,531$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 4795 445 CEA 9420 Non-Exempt 7 13 3,033$ 3,193$ 3,361$ 3,538$ 3,724$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP)4778 456 CEA 9420 Non-Exempt 7 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR 3410 335 MME 9420 Exempt 3 13 3,271$ 3,271$ 3,271$ 3,271$ 4,087$ -$ -$ -$ -$
WATER RESOURCES RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 4685 444 CEA 9420 Non-Exempt 7 13 2,879$ 3,031$ 3,190$ 3,358$ 3,535$ -$ -$ -$ -$
WATER RESOURCES RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP)4777 456 CEA 9420 Non-Exempt 7 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
Page 5 of 6
PACKET PAGE 248
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 7/26/18
Title Class Schedule Bargaining Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
WATER RESOURCES TECHNICIAN 4580 430 CEA 9420 Non-Exempt 3 12 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
WATER SUPPLY OPERATOR (SBP)4774 452 CEA 9420 Non-Exempt 7 12 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WATER TREATMENT PLAN CHIEF OPERATOR 4790 445 CEA 9420 Non-Exempt 7 12 3,033$ 3,193$ 3,361$ 3,538$ 3,724$ -$ -$ -$ -$
WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN 4781 444 CEA 9420 Non-Exempt 7 12 2,879$ 3,031$ 3,190$ 3,358$ 3,535$ -$ -$ -$ -$
WATER TREATMENT PLANT OPERATOR (SBP)4776 456 CEA 9420 Non-Exempt 7 12 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
WATER TREATMENT PLANT SUPERVISOR 3460 335 MME 9420 Exempt 3 12 3,271$ 3,271$ 3,271$ 3,271$ 4,087$ -$ -$ -$ -$
WHALE ROCK RESERVOIR SUPERVISOR 3450 325 MME 9420 Exempt 3 12 2,967$ 2,967$ 2,967$ 2,967$ 3,708$ -$ -$ -$ -$
Page 6 of 6
PACKET PAGE 249
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
ACCOUNTANT 3020 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
ACCOUNTING ASSISTANT I 4020 417 CEA 8810 Non-Exempt 6 1 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
ACCOUNTING ASSISTANT II 4030 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
ACCOUNTING ASSISTANT III 4040 421 CEA 8810 Non-Exempt 6 1 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
ACCOUNTING MANAGER 3011 347 MME 8810 Exempt 2 1 3,712$ 3,712$ 3,712$ 3,712$ 4,639$ -$ -$ -$ -$
ACTIVE TRANSPORTATION MANAGER 3261 325 MME 8810 Exempt 2 2 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
ADMINISTRATION EXECUTIVE ASSISTANT 3520 365 CFE 8810 Non-Exempt 6 1 1,971$ 2,075$ 2,184$ 2,299$ 2,420$ -$ -$ -$ -$
ADMINISTRATIVE ANALYST 3029 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT I 4500 417 CEA 8810 Non-Exempt 6 1 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT II 4510 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
ADMINISTRATIVE ASSISTANT III 4520 423 CEA 8810 Non-Exempt 6 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
APPLICATION SYSTEM SPECIALIST 4368 439 CEA-C 9410 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ASSISTANT CITY ATTORNEY 3050 353 MME 8810 Exempt 2 1 3,950$ 3,950$ 3,950$ 3,950$ 4,936$ -$ -$ -$ -$
ASSISTANT CITY CLERK 3036 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
ASSISTANT CITY MANAGER 2510 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
ASSISTANT PLANNER 4080 432 CEA 8810 Non-Exempt 5 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
ASSISTANT TO THE CITY MANAGER 3031 335 MME 8810 Exempt 2 1 3,304$ 3,304$ 3,304$ 3,304$ 4,128$ -$ -$ -$ -$
ASSOCIATE PLANNER 4090 437 CEA 8810 Non-Exempt 2 10 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
BUDGET MANAGER 3025 330 MME 8810 Exempt 2 1 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
BUILDING AND SAFETY SUPERVISOR 3075 325 MME 9410 Exempt 2 10 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
BUILDING INSPECTOR I 4100 432 CEA 9410 Non-Exempt 3 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
BUILDING INSPECTOR II 4113 435 CEA 9410 Non-Exempt 3 10 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
BUSINESS ANALYST 3026 315 MME-C 8810 Exempt 2 1 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
CHIEF BUILDING OFFICIAL 2537 244 MME 9410 Exempt 2 10 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
CITY ATTORNEY 2020 210 APO 8810 Exempt 2 1 7,569$ -$ -$ -$ -$ -$ -$ -$ -$
CITY BIOLOGIST 3570 325 MME 9410 Exempt 2 6 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
CITY CLERK 3035 340 MME 8810 Exempt 2 1 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
CITY COUNCIL MEMBER 1030 104 CCM 8810 Exempt 1 1 554$ -$ -$ -$ -$ -$ -$ -$ -$
CITY MANAGER 2010 220 APO 8810 Exempt 1 1 8,953$ -$ -$ -$ -$ -$ -$ -$ -$
CLASSIFICATION AND COMPENSATION SPECIALIST 3553 368 CFE-C 8810 Non-Exempt 5 1 2,040$ 2,147$ 2,260$ 2,379$ 2,504$ -$ -$ -$ -$
CODE ENFORCEMENT OFFICER I 4114 432 CEA 9410 Non-Exempt 3 10 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
CODE ENFORCEMENT OFFIECR II 4116 435 CEA 9410 Non-Exempt 3 10 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
CODE ENFORCEMENT SUPERVISOR 3076 320 MME 9410 Exempt 2 10 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
CODE ENFORCEMENT TECHNICIAN I 4117 421 CEA 9410 Non-Exempt 3 10 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
CODE ENFORCEMENT TECHNICIAN II 4118 423 CEA 9410 Non-Exempt 3 10 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
COMMUNCATIONS TECHNICIAN 7010 712 POA 8810 Non-Exempt 6 4 2,256$ 2,375$ 2,500$ 2,632$ 2,771$ 2,917$ 3,070$ -$ -$
COMMUNICATIONS MANAGER 8056 856 PSO 8810 Exempt 2 4 4,028$ 4,240$ 4,463$ 4,698$ 4,945$ 5,205$ -$ -$ -$
COMMUNICATIONS SUPERVISOR 8050 855 PSO 8810 Exempt 2 4 2,835$ 2,984$ 3,141$ 3,306$ 3,480$ 3,663$ -$ -$ -$
CONSTRUCTION ENGINEERING MANAGER 3099 340 MME 9410 Exempt 2 2 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
Page 1 of 6
PACKET PAGE 250
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
CONTROL SYSTEMS ADMINISTRATOR 4364 439 CEA 9420 Non-Exempt 3 12 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
CONTROL SYSTEMS TECHNICIAN 4363 435 CEA 9420 Non-Exempt 3 12 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
DATABASE ADMINISTRATOR 4367 439 CEA 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
DEPUTY CITY CLERK 4535 423 CEA 8810 Non-Exempt 5 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
DEPUTY DIRECTOR OF CDD - DEVELOPMENT REVIEW 2544 244 MME 8810 Exempt 1 10 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
DEPUTY DIRECTOR OF CDD - LONG RANGE PLANNING 2545 244 MME 8810 Exempt 1 10 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS 2565 244 MME 9410 Exempt 1 1 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 2555 249 MME 8810 Exempt 1 2 4,438$ 4,438$ 4,438$ 4,438$ 5,547$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WASTEWATER 2575 244 MME 9410 Exempt 1 13 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
DEPUTY DIRECTOR OF UTILITIES - WATER 2574 244 MME 9410 Exempt 1 12 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
DEPUTY FIRE CHIEF 2615 257 MME 7706 Exempt 1 5 4,781$ 4,781$ 4,781$ 4,781$ 5,976$ -$ -$ -$ -$
DIRECTOR OF COMMUNITY DEVELOPMENT 2550 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
DIRECTOR OF FINANCE 2533 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
DIRECTOR OF HUMAN RESOURCES 2540 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
DIRECTOR OF PARKS AND RECREATION 2590 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
DIRECTOR OF PUBLIC WORKS 2560 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
DIRECTOR OF UTILITIES 2580 267 DPH 8810 Exempt 1 1 5,244$ 5,244$ 5,244$ 5,244$ 6,558$ -$ -$ -$ -$
ECONOMIC DEVELOPMENT MANAGER 3120 340 MME 9410 Exempt 2 1 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
ENGINEER I 4160 435 CEA 9410 Non-Exempt 2 2 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
ENGINEER II 4161 439 CEA 9410 Non-Exempt 2 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ENGINEER III 4162 442 CEA 9410 Non-Exempt 2 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
ENGINEERING INSPECTOR I 4151 430 CEA 9410 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
ENGINEERING INSPECTOR II 4152 433 CEA 9410 Non-Exempt 3 2 2,433$ 2,561$ 2,696$ 2,838$ 2,987$ -$ -$ -$ -$
ENGINEERING INSPECTOR III 4153 439 CEA 9410 Non-Exempt 3 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
ENGINEERING INSPECTOR IV 4154 442 CEA 9410 Non-Exempt 3 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
ENGINEERING TECHNICIAN I 4170 423 CEA 8810 Non-Exempt 3 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
ENGINEERING TECHNICIAN II 4171 425 CEA 8810 Non-Exempt 3 2 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ -$ -$ -$ -$
ENGINEERING TECHNICIAN III 4172 430 CEA 8810 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
ENVIRONMENTAL COMPLIANCE INSPECTOR 4220 432 CEA 9410 Non-Exempt 3 12 2,371$ 2,496$ 2,627$ 2,765$ 2,910$ -$ -$ -$ -$
ENVIRONMENTAL PROGRAMS MANAGER 3171 325 MME 9410 Exempt 3 13 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
EVIDENCE TECHNICIAN 7020 715 POA 9410 Non-Exempt 3 4 3,012$ 3,171$ 3,338$ 3,514$ 3,699$ 3,894$ 4,099$ -$ -$
FACILITIES MAINTENANCE SUPERVISOR 3070 315 MME 9420 Exempt 3 2 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
FACILITIES MAINTENANCE TECHNICIAN (SBP)4305 450 CEA 9420 Non-Exempt 8 2 1,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$
FIRE BATTALION CHIEF 5010 505 FBC 7706 Exempt 1 5 4,383$ 4,614$ 4,857$ 5,113$ 5,382$ 5,665$ -$ -$ -$
FIRE CAPTAIN 6010 621 FFA 7706 Non-Exempt 2 5 3,420$ 3,600$ 3,789$ 3,988$ 4,198$ -$ -$ -$ -$
FIRE CHIEF 2610 272 DPH 7706 Exempt 1 1 5,494$ 5,494$ 5,494$ 5,494$ 6,870$ -$ -$ -$ -$
FIRE ENGINEER 6020 615 FFA 7706 Non-Exempt 3 5 2,925$ 3,079$ 3,241$ 3,412$ 3,592$ -$ -$ -$ -$
FIRE FIGHTER 6040 612 FFA 7706 Non-Exempt 4 5 2,431$ 2,701$ 2,843$ 2,993$ 3,151$ 3,317$ -$ -$ -$
FIRE INSPECTOR I 6198 626 FFA 9410 Non-Exempt 3 5 2,459$ 2,588$ 2,724$ 2,867$ 3,018$ -$ -$ -$ -$
Page 2 of 6
PACKET PAGE 251
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
FIRE INSPECTOR II 6200 630 FFA 9410 Non-Exempt 3 5 2,728$ 2,872$ 3,023$ 3,182$ 3,349$ -$ -$ -$ -$
FIRE INSPECTOR III 6202 633 FFA 9410 Non-Exempt 3 5 2,948$ 3,103$ 3,266$ 3,438$ 3,619$ -$ -$ -$ -$
FIRE MARSHAL 3130 347 MME 9410 Exempt 1 1 3,712$ 3,712$ 3,712$ 3,712$ 4,639$ -$ -$ -$ -$
FIRE VEHICLE MECHANIC 6030 616 FFA 9420 Non-Exempt 7 5 2,998$ 3,156$ 3,322$ 3,497$ 3,681$ -$ -$ -$ -$
FLEET MAINTENANCE SUPERVISOR 3350 315 MME 9420 Exempt 3 12 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
GIS SPECIALIST I 4177 433 CEA 8810 Non-Exempt 3 2 2,433$ 2,561$ 2,696$ 2,838$ 2,987$ -$ -$ -$ -$
GIS SPECIALIST II 4178 437 CEA 8810 Non-Exempt 3 2 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
GOLF MAINTENANCE CREW COORDINATOR 3161 426 CEA 9420 Non-Exempt 8 6 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
HAZARDOUS MATERIALS COORDINATOR 6165 617 FFA 9420 Non-Exempt 3 5 3,525$ 3,711$ 3,906$ 4,112$ 4,328$ -$ -$ -$ -$
HEAVY EQUIPMENT MECHANIC 4250 426 CEA 9420 Non-Exempt 7 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
HOUSING PROGRAMS MANAGER 3168 320 MME 8810 Exempt 2 10 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I 3532 360 CFE 8810 Non-Exempt 6 1 1,654$ 1,741$ 1,833$ 1,929$ 2,031$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II 3534 363 CFE 8810 Non-Exempt 6 1 1,741$ 1,833$ 1,929$ 2,030$ 2,137$ -$ -$ -$ -$
HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III 3536 365 CFE 8810 Non-Exempt 6 1 1,971$ 2,075$ 2,184$ 2,299$ 2,420$ -$ -$ -$ -$
HUMAN RESOURCES ANALYST I 3240 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
HUMAN RESOURCES ANALYST II 3245 315 MME 8810 Exempt 2 1 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
HUMAN RESOURCES MANAGER 3320 325 MME 8810 Exempt 2 1 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
HUMAN RESOURCES SPECIALIST 3552 368 CFE 8810 Non-Exempt 5 1 2,040$ 2,147$ 2,260$ 2,379$ 2,504$ -$ -$ -$ -$
INFORMATION TECHNOLOGY ASSISTANT 4255 423 CEA 8810 Non-Exempt 3 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
INFORMATION TECHNOLOGY MANAGER 3180 353 MME 8810 Exempt 2 1 3,950$ 3,950$ 3,950$ 3,950$ 4,936$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SUPERVISOR 3145 325 MME 8810 Exempt 2 2 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
INFORMATION TECHNOLOGY SUPPORT SERVICES SUPERVISOR 3179 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
INTERIM DEPUTY DIRECTOR - SUSTAINABILITY 3201 244 MME 8810 Exempt 2 6 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
INTERIM DIRECTOR OF FINANCE 2536 244 MME 8810 Exempt 1 1 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
INTERIM INFORMATION TECHNOLOGY SUPERVISOR 3181 335 MME 8810 Exempt 2 1 3,304$ 3,304$ 3,304$ 3,304$ 4,128$ -$ -$ -$ -$
INTERIN DEPUTY CITY MANAGER 3034 244 MME 8810 Exempt 1 1 4,227$ 4,227$ 4,227$ 4,227$ 5,281$ -$ -$ -$ -$
LABORATORY ANALYST (SBP)4775 456 CEA 9410 Non-Exempt 3 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
LABORATORY MANAGER 3185 330 MME 9410 Exempt 3 12 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
LEAD NETWORK ADMINISTRATOR 4369 441 CEA 8810 Non-Exempt 3 1 2,993$ 3,150$ 3,316$ 3,490$ 3,674$ -$ -$ -$ -$
LEGAL ASSISTANT 3541 363 CFE 8810 Non-Exempt 6 1 1,741$ 1,833$ 1,929$ 2,030$ 2,137$ -$ -$ -$ -$
LEGAL ASSISTANT/PARALEGAL 3542 369 CFE 8810 Non-Exempt 6 1 2,151$ 2,264$ 2,383$ 2,508$ 2,640$ -$ -$ -$ -$
MAINTENANCE WORKER I 4290 417 CEA 9420 Non-Exempt 8 2 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
MAINTENANCE WORKER II - PARKS 4330 421 CEA 9420 Non-Exempt 8 2 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
MAINTENANCE WORKER III - PARKS 4320 419 CEA 9420 Non-Exempt 8 2 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
MAYOR 1010 110 CCM 8810 Exempt 1 1 693$ -$ -$ -$ -$ -$ -$ -$ -$
MECHANIC HELPER 4251 417 CEA 7706 Non-Exempt 7 5 1,606$ 1,690$ 1,779$ 1,873$ 1,972$ -$ -$ -$ -$
NATURAL RESOURCES MANAGER 3200 340 MME 8810 Exempt 2 6 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
NEIGHBORHOOD OUTREACH MANAGER 3210 320 MME 8810 Exempt 2 1 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
NETWORK ADMINISTRATOR 4366 439 CEA 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
Page 3 of 6
PACKET PAGE 252
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
NETWORK SERVICES SUPERVISOR 3155 330 MME 8810 Exempt 2 1 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
NETWORK TECHNICIAN 4256 425 CEA 8810 Non-Exempt 3 1 1,978$ 2,082$ 2,192$ 2,307$ 2,428$ -$ -$ -$ -$
PARKING COORDINATOR 4380 426 CEA 9420 Non-Exempt 5 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER I 4390 420 CEA 9420 Non-Exempt 3 2 1,736$ 1,827$ 1,923$ 2,024$ 2,131$ -$ -$ -$ -$
PARKING ENFORCEMENT OFFICER II 4391 423 CEA 9420 Non-Exempt 3 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PARKING METER REPAIR WORKER 4370 421 CEA 9420 Non-Exempt 7 2 1,781$ 1,875$ 1,974$ 2,078$ 2,187$ -$ -$ -$ -$
PARKING SERVICES MANAGER 3220 330 MME 9410 Exempt 2 2 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
PARKING SERVICES SUPERVISOR 3225 305 MME 9410 Exempt 2 2 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
PARKS CREW COORDINATOR 4340 451 CEA 9420 Non-Exempt 8 2 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ -$ -$ -$ -$
PARKS MAINTENANCE SPECIALIST (SBP)4339 446 CEA 9420 Non-Exempt 8 2 1,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$
PARKS MAINTENANCE SUPERVISOR 3040 315 MME 9420 Exempt 3 2 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
PERMIT SERVICES COORDINATOR 3115 305 MME 8810 Exempt 2 10 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
PERMIT TECHNICIAN II 4106 423 CEA 8810 Non-Exempt 7 1 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PLANNING TECHNICIAN 4070 423 CEA 8810 Non-Exempt 5 10 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
PLANS EXAMINER 4115 437 CEA 8810 Non-Exempt 3 10 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
POLICE CADET 7030 706 POA 7720 Non-Exempt 4 4 2,085$ 2,195$ 2,311$ 2,433$ 2,561$ 2,696$ 2,838$ -$ -$
POLICE CAPTAIN 8040 810 PSO 7720 Exempt 1 4 5,075$ 5,342$ 5,623$ 5,919$ 6,230$ 6,558$ -$ -$ -$
POLICE CHIEF 2600 279 DPH 9410 Exempt 1 1 6,266$ 6,266$ 6,266$ 6,266$ 7,832$ -$ -$ -$ -$
POLICE FIELD SERVICES TECHNICIAN 7040 709 POA 9410 Non-Exempt 3 4 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ -$ -$
POLICE LIEUTENANT 8030 805 PSO 7720 Exempt 2 4 4,412$ 4,644$ 4,888$ 5,145$ 5,416$ 5,701$ -$ -$ -$
POLICE OFFICER 7510 720 POA 7720 Non-Exempt 4 4 2,722$ 2,865$ 3,016$ 3,175$ 3,342$ 3,518$ 3,703$ 3,898$ 4,103$
POLICE RECORDS CLERK I 7050 700 POA 8810 Non-Exempt 6 4 1,693$ 1,782$ 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$
POLICE RECORDS CLERK II 7060 703 POA 8810 Non-Exempt 6 4 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ 2,424$ 2,552$ -$ -$
POLICE RECORDS SUPERVISOR 8045 850 PSO 8810 Exempt 2 4 2,557$ 2,692$ 2,834$ 2,983$ 3,140$ 3,305$ -$ -$ -$
POLICE SERGEANT 8010 800 PSO 7720 Non-Exempt 3 4 3,835$ 4,037$ 4,249$ 4,473$ 4,708$ 4,956$ -$ -$ -$
PREMIT TECHNICIAN I 4105 419 CEA 8810 Non-Exempt 5 10 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
PRINCIPAL PLANNER 3341 340 MME 8810 Exempt 2 10 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
PROPERTY AND EVIDENCE CLERK 7043 709 POA 8810 Non-Exempt 3 4 2,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ -$ -$
PURCHASING ANALYST 3021 305 MME 8810 Exempt 2 1 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
RANGER MAINTENINANCE WORKER 4335 419 CEA 9420 Non-Exempt 8 6 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
RECREATION COORDINATOR 4460 426 CEA 9420 Non-Exempt 5 6 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
RECREATION MANAGER 3290 320 MME 8810 Exempt 2 6 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
RECREATION SUPERVISOR 3300 305 MME VARIES Exempt 2 6 2,465$ 2,465$ 2,465$ 2,465$ 3,081$ -$ -$ -$ -$
SAFETY AND TECHNICAL TRAINING ENGINEER 3405 320 MME 9410 Exempt 2 2 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
SENIOR ACCOUNTANT 3100 315 MME 8810 Exempt 2 1 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
SENIOR ADMINISTRATIVE ANALYST 3030 315 MME 8810 Exempt 2 1 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
SENIOR CIVIL ENGINEER 3335 330 MME 9410 Exempt 2 2 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
SENIOR PLANNER 3326 320 MME 8810 Exempt 2 10 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
SIGNAL AND STREETLIGHT TECHNICIAN 4540 430 CEA 9420 Non-Exempt 3 2 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
Page 4 of 6
PACKET PAGE 253
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
STREET SUPERVISOR 3331 315 MME 9420 Exempt 3 2 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
STREETS CREW COORDINATOR 4365 451 CEA 9420 Non-Exempt 7 2 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ -$ -$ -$ -$
STREETS MAINTENANCE OPERATOR (SBP)4360 446 CEA 9420 Non-Exempt 8 2 1,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$
SUPERVISING ACCOUNTING ASSISTANT 4525 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUPERVISING ADMINISTRATIVE ASSISTANT 4530 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUPERVISING CIVIL ENGINEER 3340 340 MME 9410 Exempt 2 2 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
SUPERVISING UTILITY BILLING ASSISTANT 4526 426 CEA 8810 Non-Exempt 6 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
SUSTAINABILITY MANAGER 3442 325 MME 8810 Exempt 2 1 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
SWEEPER OPERATOR 4230 422 CEA 9420 Non-Exempt 8 2 1,828$ 1,924$ 2,025$ 2,132$ 2,244$ -$ -$ -$ -$
SYSTEMS INTEGRATION ADMINISTRATOR 4369 439 CEA 8810 Non-Exempt 3 1 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
TECHNOLOGY PROJECT MANAGER 3441 325 MME-C 8810 Exempt 2 1 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
TOURISM COORDINATOR 4033 426 CEA 8810 Non-Exempt 5 1 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
TOURISM MANAGER 3033 320 MME 8810 Exempt 2 1 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
TRANSIT ASSISTANT 4143 423 CEA 8810 Non-Exempt 6 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
TRANSIT COORDINATOR 4145 426 CEA 9410 Non-Exempt 6 2 2,029$ 2,136$ 2,248$ 2,366$ 2,491$ -$ -$ -$ -$
TRANSIT MANAGER 3360 330 MME 9410 Exempt 2 2 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
TRANSPORTATION ASSISTANT 4140 423 CEA 9410 Non-Exempt 6 2 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
TRANSPORTATION MANAGER 3262 340 MME 9410 Exempt 2 2 3,468$ 3,468$ 3,468$ 3,468$ 4,335$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER I 4163 435 CEA 9410 Non-Exempt 2 2 2,563$ 2,698$ 2,840$ 2,989$ 3,146$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER II 4164 439 CEA 9410 Non-Exempt 2 2 2,843$ 2,993$ 3,150$ 3,316$ 3,490$ -$ -$ -$ -$
TRANSPORTATION PLANNER-ENGINEER III 4165 442 CEA 9410 Non-Exempt 2 2 3,073$ 3,235$ 3,405$ 3,584$ 3,773$ -$ -$ -$ -$
UNDERGROUND UTITIES LOCATOR 4575 423 CEA 9420 Non-Exempt 7 12 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ -$ -$ -$ -$
URBAN FOREST SUPERVISOR/CITY ARBORIST 3045 315 MME 9420 Exempt 3 2 2,719$ 2,719$ 2,719$ 2,719$ 3,396$ -$ -$ -$ -$
URBAN FORESTER (SBP)4570 450 CEA 9420 Non-Exempt 8 2 1,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$
UTILITIES BUSINESS MANAGER 3175 330 MME 8810 Exempt 2 12 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
UTILITIES ENGINEER 3380 330 MME 9410 Exempt 2 2 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
UTILITIES PROJECTS MANAGER 3400 330 MME 9410 Exempt 2 12 3,146$ 3,146$ 3,146$ 3,146$ 3,931$ -$ -$ -$ -$
UTILITY BILLING ASSISTANT 4021 419 CEA 8810 Non-Exempt 6 1 1,691$ 1,780$ 1,874$ 1,973$ 2,077$ -$ -$ -$ -$
WASTEWATER COLLECTION SYSTEM OPERATOR (SBP)4771 452 CEA 9420 Non-Exempt 7 13 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WASTEWATER COLLECTION SYSTEM SUPERVISOR 3420 325 MME 9420 Exempt 7 12 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
WATER DISTRIBUTION CHIEF OPERATOR 4179 437 CEA 9420 Non-Exempt 7 12 2,699$ 2,841$ 2,991$ 3,148$ 3,314$ -$ -$ -$ -$
WATER DISTRIBUTION SUPERVISOR 3430 325 MME 9420 Exempt 3 12 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
WATER DISTRIBUTION SYSTEM OPTERATOR (SBP)4773 452 CEA 9420 Non-Exempt 7 12 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WATER RESOURCE PROGRAM MANAGER 3372 320 MME 9410 Exempt 2 12 2,853$ 2,853$ 2,853$ 2,853$ 3,566$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 4685 444 CEA 9420 Non-Exempt 7 13 2,879$ 3,031$ 3,190$ 3,358$ 3,535$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR 4795 445 CEA 9420 Non-Exempt 7 13 3,033$ 3,193$ 3,361$ 3,538$ 3,724$ -$ -$ -$ -$
WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP)4777 456 CEA 9420 Non-Exempt 7 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP)4778 456 CEA 9420 Non-Exempt 7 13 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR 3410 335 MME 9420 Exempt 3 13 3,304$ 3,304$ 3,304$ 3,304$ 4,128$ -$ -$ -$ -$
Page 5 of 6
PACKET PAGE 254
7
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULE effective 8/9/18
Title Class Schedule Bargaining
Unit WC Code Exempt/
Non-Exempt
EEO
Category
EEO
Function
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
Biweekly
Step 7
Biweekly
Step 8
Biweekly
Step 9
WATER RESOURCES TECHNICIAN 4580 430 CEA 9420 Non-Exempt 3 12 2,251$ 2,369$ 2,494$ 2,625$ 2,763$ -$ -$ -$ -$
WATER SUPPLY OPERATOR (SBP)4774 452 CEA 9420 Non-Exempt 7 12 2,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$
WATER TREATMENT PLAN CHIEF OPERATOR 4790 445 CEA 9420 Non-Exempt 7 12 3,033$ 3,193$ 3,361$ 3,538$ 3,724$ -$ -$ -$ -$
WATER TREATMENT PLAN OPERATOR (SBP)4776 456 CEA 9420 Non-Exempt 7 12 2,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$
WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN 4781 444 CEA 9420 Non-Exempt 7 12 2,879$ 3,031$ 3,190$ 3,358$ 3,535$ -$ -$ -$ -$
WATER TREATMENT PLANT SUPERVISOR 3460 335 MME 9420 Exempt 3 12 3,304$ 3,304$ 3,304$ 3,304$ 4,128$ -$ -$ -$ -$
WHALE ROCK RESERVOIR SUPERVISOR 3450 325 MME 9420 Exempt 3 12 2,997$ 2,997$ 2,997$ 2,997$ 3,745$ -$ -$ -$ -$
Page 6 of 6
PACKET PAGE 255
7
Supplemental Employee Salary Schedule
CLASSIFICATION WC CLASS SCHEDULE STEPS IN RANGE
1 2 3 4 5
11.00$ 11.00$ 11.00$ 11.24$ 11.68$
Aquatics Cashier 5 6 8810
Aquatics Maintenance Worker 5 6 9410
Building & Safety Intern 5 10 8810
*Childcare Aide/Camp Counselor 5 6 9410
Facility Host 5 6 9410
*Jr. Giants Coach 5 6 9410
*Pro-shop Staff 5 6 8810
*Seasonal Maintenance Worker Golf 8 6 9410
*Skate Park Attendant 5 6 9410
Student Intern 5 1 8810
*Teen Leader 5 6 9410
*Youth/Adult Sports Official 5 6 9410
1 2 3 4 5
11.00$ 11.24$ 11.78$ 12.37$ 12.85$
*Childcare Teacher/Lead Camp Counselor 5 6 9410
CIP Engineering Assistant/Intern 3 2 8810
Event Planner 5 6 9410
Facility Lead 5 6 9410
Fire Intern 3 5 9410
Garden Assistant 5 6 9410
Hydrant Maintenance Worker 3 5 9410
*Jr. Giants Coordinator 5 6 9410
*Lifeguard 5 6 9410
Parking Booth Attendant 8 2 9410
*Pro-shop Lead 6 6 8810
Recreation Support Staff 5 6 9410
*Skate Park Ambassador 5 6 9410
*Skate Park Lead 5 6 9410
*Special Needs Support Staff 5 6 9410
Student Intern 6 1 8810
Transportation Eng. Intern 3 2 8810
Triathlon Lead 5 6 9410
1 2 3 4 5
11.78$ 12.37$ 12.96$ 13.61$ 14.14$
Administrative Assistant (Golf)6 6 8810
Attorney Intern 5 1 8810
*Childcare Head Teacher 5 6 9410
Computer Training Instructor 6 6 8810
Contract Classes Coordinator 5 6 8810
Database Intern 3 1 8810
Engineering Assistant 3 2 8810
*Head Lifeguard 5 6 9410
Human Resources Intern 5 1 8810
IT Intern 3 1 8810
*Park Ranger 1 8 6 9420
*Pro-Shop Assistant 6 6 8810
Pub Ed Coordinator (FD) 5 5 8810
Senior Services Program Asst 5 6 8810
*Swim Instructor 5 6 9410
*Club STAR Director 5 6 9410
1 2 3 4 5
12.96$ 13.61$ 14.25$ 14.97$ 15.55$
Facilities Assistant 5 6 9410
Lead Parking Attendant 8 2 9410
*Park Ranger 2 8 6 9420
SNAP 1 3 4 9410
1 2 3 4 5
14.25$ 14.97$ 15.68$ 16.46$ 17.10$
Admin Asst 6 1 9410
*Aquatics Specialist (LBT) 5 6 9410
Parks Maintenance Worker 8 2 9420
Admin and CommunicaitonsSpecialist (LBT) 5 6 9410
Community Services Specialist (LBT) 5 6 9410
Facilities Specialist (LBT) 5 6 9410
Program Specialist (LBT)5 6 9410
*Ranger Service Specialist x2 (LBT) 8 6 9420
Recording Secretary 6 10 8810
SNAP II 3 4 9410
*Sports Specialist (LBT) 5 6 9410
Tree Climber Assistance 8 2 9410
WRF Lab (20 hr. max weekly) 3 13 9410
*Youth Services Specialist x6 (LBT) 5 6 9410
1 2 3 4 5
15.68$ 16.46$ 17.25$ 18.11$ 18.81$
Accounting Assistant 3 1 8810
Adult Sports Official 5 6 9410
IT Assistant/Help Desk 3 1 8810
Maint Wker - Pool 8 6 9410
Maint Wker - Streets (Farmers Market) 8 2 9410
Key
Blue = P&R Positions
* = Classifications that work with children (AB 218
doesn't apply)
EEO FUNCTION &
CATEGORY
City Worker 2 EEO
Category
EEO
Function 9020 905
City Worker 3 EEO
Category
EEO
Function 9180 909
WC Code
WC Code
City Worker 4 EEO
Category
EEO
Function 9240 913
City Worker 5 EEO
Category
EEO
Function 9210 917
WC Code
WC Code
City Worker 6 EEO
Category
EEO
Function 9250 921
City Worker 7 EEO
Category
EEO
Function 9220 925
WC Code
WC Code
PACKET PAGE 256
7
Police Operations Support Specialist 3 4 8810
SNAP III 3 4 9410
1 2 3 4 5
17.25$ 18.11$ 18.97$ 19.92$ 20.70$
Parks Maintenance Worker II 8 2 9420
Legal Assistant 5 1 8810
*Special Swim Instructor (swim & classes) 5 6 9410
1 2 3 4 5
18.97$ 19.92$ 20.87$ 21.91$ 22.76$
Admin Asst 1 6 1 8810
GIS Technician 3 1 8810
Parking Enforcement Officer 3 2 9410
Maintenance Worker - Streets/Asphalt 8 2 9420
1 2 3 4 5
20.87$ 21.91$ 22.95$ 24.10$ 25.04$
Administrative Hearing Officer 3 2 8810
Heavy Equipment Mechanic 7 2 9420
Landscape Inspector 3 2 9410
Maintenance Worker III 8 2 9420
Parking Meter Repair Worker 7 2 9410
Permit Technician I 5 10 8810
Planning Technician 5 10 8810
Signal & Strlight Tech 7 2 9410
WasteWater Collection Temp 7 13 9420
1 2 3 4 5
22.95$ 24.10$ 25.25$ 26.51$ 27.55$
Bicycle Programs Assistant 5 2 8810
Engineering Technician 3 2 8810
Paralegal 5 1 8810
Planning Technician - Senior 5 10 8810
Utilities Services Tech (Entry Level)3 13 9420
WRRF Operator Temp 7 13 9420
Water Treatment Plant Trainee 7 13 9420
1 2 3 4 5
25.25$ 26.51$ 27.78$ 29.16$ 30.30$
Assistant Planner 5 10 8810
Fire Inspector 3 5 9410
Urban Forest Inspector 3 2 9410
Utilities Services Tech (Senior)3 13 9420
1 2 3 4 5
27.78$ 29.16$ 30.55$ 32.08$ 33.33$
Building Inspector 3 10 9410
1 2 3 4 5
30.55$ 32.08$ 33.61$ 35.29$ 36.66$
Accountant 2 1 8810
Associate Planner 3 10 8810
Crime Analyst 2 4 8810
Database Administrator 3 1 8810
Plans Examiner 3 10 8810
Transportation Planner-Enginner I 2 2 9410
1 2 3 4 5
33.61$ 35.29$ 36.97$ 38.82$ 40.33$
Engineer II 2 4 9410
Senior Accountant 2 1 8810
Process Improvement Analyst 2 1 8810
Transit Manager 2 12 9410
1 2 3 4 5
36.97$ 38.82$ 40.67$ 42.70$ 44.36$
City Clerk Project Consultant 2 1 8810
1 2 3 4 5
44.91$ 46.06$
Finance Consultant 2 1 8810
1 2 3 4 5
74.30$
Parking Budget Specialist 2 1 8810
1 2 3 4 5
13.04$ 14.20$ 16.00$ 17.98$ 20.10$
Mutual Aid (GS 1-5) 2 5 9420
1 2 3 4 5
22.40$ 24.90$ 27.57$ 30.45$ 33.54$
Mutual Aid (GS 6-10) 2 5 9420
1 2 3 4 5
36.84$ 44.16$ 52.51$ 62.05$ 72.99$
Mutual Aid (GS 11-15) 2 5 9420
City Worker - Hourly 1 2 3 4 5
Commissioner 6 10 8810 9900 990 60.00$
Hazard Mat. Team Business Mgr 3 5 8810 9260 940 28.00$ 29.00$ 30.00$
Engineering Consultant 3 2 8810 9451 950 48.99$ 51.56$ 55.00$ 65.00$ 75.00$
Interim Assistant City Attorney 2 1 8810 9453 953 100.00$
PERS RETIRED ANNUITANTS
1 2 3 4 5
Pkg Enforce. Officer (PERS Retiree) 3 2 9410 21.91$ 22.95$ 24.10$ 25.04$
1 2 3 4 5
26.51$ 27.55$
IT Assistant (PERS Retiree) 3 1 8810 24.10$ 25.25$ 26.51$ 27.55$
Super. Admin Asst Temp (PERS Retiree)6 1 8810 26.51$ 27.55$
1 2 3 4 5
33.61$ 35.29$ 36.97$ 38.82$ 40.33$
Senior Admin Analyst (PERS Retiree)2 1 8810
1 2 3 4 5City Worker 21 EEO
Category
EEO
Function WC Code 9499 995
City Worker 10 EEO
Category
EEO
Function WC Code 9258 937
City Worker 11 EEO
Category
EEO
Function WC Code 9410 941
City Worker 15
*4 yr degree , 2 yr exp, certs
EEO
Category
EEO
Function WC Code 9480 967
City Worker 8
*1-2 years experience
EEO
Category
EEO
Function 9230 929
City Worker 9
*2 years experience
EEO
Category
EEO
Function 9330 933
WC Code
WC Code
City Worker 10
*2-4 years experience
EEO
Category
EEO
Function 9258 937
City Worker 11 EEO
Category
EEO
Function 9410 941
WC Code
WC Code
City Worker 12
*AA, 5 yrs. exp, certifications
EEO
Category
EEO
Function 9460 945
City Worker 13 EEO
Category
EEO
Function 9465 965
WC Code
WC Code
City Worker 14 EEO
Category
EEO
Function 9470 966
City Worker 15
*4 yr degree , 2 yr exp, certs
EEO
Category
EEO
Function 9480 967
WC Code
WC Code
City Worker 16 EEO
Category
EEO
Function 9490 968
City Worker 17 EEO
Category
EEO
Function 9495 961
WC Code
WC Code
City Worker 18 EEO
Category
EEO
Function 9496 991
City Worker 19 EEO
Category
EEO
Function 9497 993
WC Code
WC Code
City Worker 20 EEO
Category
EEO
Function 9498 994
City Worker 21 EEO
Category
EEO
Function 9499 995
WC Code
WC Code
PACKET PAGE 257
7
Temp Senior Civil Engineer (PERS Retiree) 2 2 9410 9455 969 44.53$ 46.76$
Effective 7-26-2018
City Worker 21 EEO
Category
EEO
Function WC Code 9499 995
PACKET PAGE 258
7
PACKET PAGE 259
7
PACKET PAGE 260
7
RESOLUTION NO . 10248 (2011 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING IT S
COMPENSATION PHILOSOPHY SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo strives to provide excellent service to th e
community at all times, and supports this standard by promoting organizational values includin g
customer service, productivity, accountability, innovation, initiative, stewardship, and ethics ; an d
WHEREAS,to achieve our service standards, the City must attract and retain wel l
qualified employees who exemplify our organizational values ; an d
WHEREAS,fostering an environment attractive to such employees depends upon man y
factors, including a competitive compensation program .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City's compensation philosophy is adopted as follows :
SECTION 1 .The City is committed to providing competitive compensation as part o f
an overall strategy of attracting and retaining well qualified employees who exemplify ou r
organizational values .
SECTION 2 . The City will consider total compensation, including but not limited to ,
salary, health, retirement, and time off benefits .
SECTION 3 .In evaluating competitive compensation, the City considers :
A.Financial sustainability including the City's financial condition as reflecte d
throughout the financial forecast, competing service priorities, maintenance needs, capita l
improvement and other asset requirements, fund reserve levels, and revenue projections prior t o
implementing changes in compensation .
B.Community acceptability since taxpayers and ratepayers ultimately fund al l
employee compensation .
C.The "relevant labor market"that may vary depending upon classification and i s
primarily defined by the geographic region (local, state-wide, or national) and key market s
(municipal, other government agencies, private sector) where labor talent is found, recruite d
from, and/or lost.
When the relevant labor market is defined as "local"; local private sector compensation data wil l
be considered along with local public sector compensation (municipal and other governmen t
agencies . When the relevant labor market is statewide or national, the City will conside r
compensation date for public sector agencies (municipal and other government) with severa l
R 10248PACKET PAGE 261
7
Resolution No . 10248 (2011 Series )
Page 2
comparable demographic data points including but not limited to population, median home price ,
median household income, median age, median education level, services provided, an d
unemployment rate . Quality of life should also be considered when selecting comparable
municipal and other government agencies .
D."Internal relationships"referring to the relative value of classifications to on e
another as determined by the City . Classifications performing comparable duties, wit h
comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment ,
will be valued similarly in the City's compensation structures .
E.Other relevant factors may include unforeseen economic changes, natura l
disasters, states of emergency, changes in City services, and changes in regulatory or lega l
requirements .
SECTION 4 .At least every five years, the City will evaluate its compensation structure ,
programs, and policies to assess market competitiveness, effectiveness, and compliance with Stat e
Law . Adjustments to the compensation structure may be made as a result of this periodi c
evaluation and will be done through the collective bargaining process, if applicable, or othe r
appropriate Council-management processes .
Upon motion of Council Member Carter, seconded by Council Member Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, and Mayor Mar x
NOES :
Vice Mayor Ashbaug h
ABSENT : Non e
The foregoing resolution was adopted on March 15, 2011 .
ATTEST :
Elaina Cano
City Clerk
APPROVED AS TO FORM :
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Meeting Date: 7/17/2018
FROM: Robert Hill, Interim Deputy Director, Office of Sustainability
Prepared By: Chris Read, Sustainability Manager
SUBJECT: ADOPT A RESOLUTION TO JOIN THE INSTITUTE FOR LOCAL
GOVERNMENT’S BEACON PROGRAM FOR SUSTAINABILITY SUPPORT
RECOMMENDATION
Adopt a Resolution (Attachment A) to approve participation in the Institute for Local
Government’s Beacon Program to support local sustainability initiatives.
DISCUSSION
Background
In June of 2017, the City made Climate Action a Major City Goal as part of the 2017-19
Financial Plan with an overall goal of reducing citywide greenhouse gas (GHG) emissions. The
City of San Luis Obispo’s Climate Action Plan provides a roadmap for achieving the City’s
adopted 2020 GHG reduction target and provides strategies for reducing GHG emissions through
agency and community actions.
The Institute for Local Government – Beacon Program
The Beacon Program is an established program of the Institute for Local Government, the non-
profit training and education affiliate of the League of California Cities, the California State
Association of Counties, and the California Special Districts Association.
The Beacon Program provides a framework for cities and counties to implement and share best
practices that create healthier, more efficient, and sustainable communities. The program honors
voluntary efforts by cities and counties to save energy, reduce greenhouse gas emissions , and
adopt policies and programs that promote sustainability.
Beacon Program participants receive valuable data, support and encouragement from the
Institute for Local Government and its non-profit and utility partners. The team helps local
governments apply sustainability best practices and collect and organize data to advance
participants’ achievements within the program’s five areas of accomplishment. Within each area,
the participant can earn Beacon Spotlight Awards-based on level of achievement. To win a full
Beacon Award, participants are required to demonstrate achievements in all five areas.
In addition to award recognition, participants receive monthly communication about innovative
practices and/or funding opportunities, access to peer-to-peer networking opportunities, and
invitations to highlight sustainability leadership.
In order to participate in the Beacon Program, cities and counties must complete a simple
application and do the following:
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• Adopt a resolution by the governing body committing the agency to participate in the
program;
• Designate a lead staff person as a point of contact;
• Seek to implement energy efficiency or sustainability programs, policies or procedures
that achieve measurable greenhouse gas reductions and promote energy conservation
activities in the community.
The Beacon Program is funded by California utility customers and administered by Pacific Gas
and Electric Company, San Diego Gas and Electric Company, Southern California Edison and
Southern California Gas Company, under the auspices of the California Public Utilities
Commission.
Adoption of the resolution (Attachment A) will allow the City of San Luis Obispo access to the
funded technical resources and the ability to be recognized in the Beacon Award program.
ENVIRONMENTAL REVIEW
The resolution to join the Beacon Program is not a considered a project subject to CEQA. Even if
joining the Beacon Program is a project under CEQA, it would be categorically exempt per
CEQA Guidelines 15306 (Information Collection).
FISCAL IMPACT
Program participation is voluntary. The program is designed to complement existing
sustainability efforts of the City. Participating in the program may increase the City’s
competitiveness for future state or other grant funding and the City’s ability to highlight its
achievements both locally and statewide.
ALTERNATIVE
Do not join the Institute for Local Government’s Beacon Program. This alternative does not
preclude any sustainability actions from occurring and would limit the small amount of staff time
required to coordinate with Institute for Local Government staff.
Attachments:
a. - Draft Resolution
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO APPROVE PARTICIPATION IN THE
INSTITUTE FOR LOCAL GOVERNMENT’S BEACON PROGRAM.
WHEREAS, the City of San Luis Obispo is undertaking policies, programs and activities
to reduce greenhouse gas emissions, save energy and promote environmental stewardship; and
WHEREAS, these policies, programs and activities conserve natural resources, save
energy and money, and promote healthier, safer and more sustainable land use and transportation
planning in the community; and
WHEREAS, the City of San Luis Obispo is leading by example by adopting innovative
sustainability programs and policies, including working with community residents, business
groups and others; and
WHEREAS, the City of San Luis Obispo wishes to expand these activities, share its
experiences with other communities, and be recognized for its accomplishments; and
WHEREAS, the Beacon Program is a voluntary program of the Institute for Local
Government, the non-profit research and education affiliate of the League of California Cities, the
California State Association of Counties, and the California Special Districts Association; and
WHEREAS, participating in the Beacon Program is an opportunity for the City of San
Luis Obispo to learn about best practices.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. The City of San Luis Obispo agrees to participate in the Beacon Program.
SECTION 2. The City of San Luis Obispo will work towards achieving Beacon Spotlight
Award levels in its journey to be a more sustainable city.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
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Resolution No. _____ (2018 Series) Page 2
R ______
____________________________________
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
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Meeting Date: 7/17/2018
FROM: Greg Hermann, Interim Deputy City Manager
Prepared By: Ryan Betz, Interim Assistant to the City Manager
SUBJECT: REQUEST FOR PROPOSALS FOR COMMUNITY OUTREACH AND
COMMUNICATIONS SUPPORT SERVICES, SPECIFICATION NO. 91677
RECOMMENDATION
1. Authorize the issuance of a Request for Proposals (RFP) for contract services for community
outreach and communications support services; and
2. Authorize the City Manager to award the contract if proposals are within the project budget
of $120,000.
DISCUSSION
Background
In an effort to enhance the City’s communications provided to the public, the City Council
approved the use of contract services for community outreach and communications support
services in 2016. The goal of the City’s communications is to ensure mutually beneficial, two-
way communication with external audiences (such as residents and property owners, non-profit
service providers, business owners and operators, business community representatives, and other
governmental agencies) and internal audiences about City issues and services. Since the
beginning of the contract, the City has increased pro-active communication, enhanced
transparency and provided important information to the community about key projects and
initiatives for the City. Specifically, the contract has resulted in:
1. Over 130 press releases sent to the media
2. Over 300 media stories resulting from information provided by the City
3. Development of over 75 communications products including communications plans,
infographics, videos, etc.
4. Support of over 200 communication projects for City departments
5. A 300% increase in public participation in the biennial budget planning process
6. A 196% increase in Facebook followers
7. 14,400 video views across social media channels
8. Creation of an annual City-wide communication training program
On average, the City provided one or more weekly communications to residents and local media
outlets.
The services provided to the City through the contract are available to all departments and t he
selected consultant will continue to work through a single point of contact in the City
Administration Department. That individual will manage timelines and deliverables for
individual tasks.
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Scope of Work
The expected scope of work is provided in the RFP (Attachment A) and outlined below, although
the final scope of work may be “fine-tuned” with the selected consultant as a part of the contract
negotiations.
1. Planning:
a. Prepare a 12-month work plan describing implementation, deliverables and
timing. For the purpose of budgeting, consultants can assume City staff have
gained consensus on an overall goal for the communication program. Review
and propose needed modifications to existing policies, procedures and
guidelines (such as the 2003 Press Policy & Public Information Manual and
the 2015 Public Engagement and Noticing Manual).
2. Content Creation and Community/Media Outreach:
a. Create content for public information as needed for City issues, events,
projects and services including writing press releases, articles, website
content, fact sheets and other informational materials.
b. Create content for and manage the City’s main social media channels.
c. Assist with scheduling of, and participation in, community and media
outreach.
d. Identify and develop various outreach methods to enhance community
engagement and education of external and internal audiences.
3. Communication and Media Outreach Training:
a. Provide training for City employees on communication and media outreach
skills including:
i. Effective message delivery (how to avoid jargon, using simple
messages, etc.)
ii. Spokesperson training (on camera practice of message delivery for at
least eight employees)
iii. Writing effective public information (focus on clear, concise, active
writing style)
iv. Provide training for City employees on effective community outreach
and engagement including workshop design, facilitation skills and
other best practices.
4. Strategic Counsel:
a. Provide ongoing strategic counsel to city staff, as needed, on issues, programs
and plan implementation.
5. Emergency Communications:
a. As needed, assist with emergency communication services, including serving
as support in the City’s Emergency Operations Center during an emergency
incident.
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6. Other Services
a. Other services may include professional photography, videography and
graphic design
ENVIRONMENTAL REVIEW
There is no environmental review required for this action as it is not a project as defined under
the California Environmental Quality Act (CEQA).
FISCAL IMPACT
A budget of $120,000 has been approved for communication support services as part of the
2017-19 Financial Plan and 2018-19 Budget Supplement. The City has set aside staff hours
within the City Administration Department, led by the Assistant to the City Manager, to oversee
this RFP and manage the selected consultant.
ALTERNATIVES
The City Council may:
1. Modify the request to issue an RFP for community outreach and communications support
services. Specific modifications should be identified.
2. Deny the request to issue an RFP for community outreach and communications support
services and provide alternative direction to staff on how to accomplish the objective of the
contract services.
Attachments:
a - RFP for Communications Consultant
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Page 1
Notice Requesting Proposals for
COMMUNITY OUTREACH AND COMMUNICATIONS
SUPPORT SERVICES
SPECIFICATION NO. 91677
The City of San Luis Obispo is requesting proposals from qualified vendors to furnish Community
Outreach and Communications Support Services pursuant to Specification No. 91677. All
proposers must register with BidSync at www.BidSync.com, where proposers can obtain RFP
packages and submit questions regarding the RFP.
All firms interested in receiving further correspondence regarding this Request for Proposals
(RFP) will be required to complete a free registration using BidSync (
https://www.bidsync.com/bidsync-appweb/vendor/register/Login.xhtml). All proposals must be
on BidSync at or before 3:00 PM on August 1, 2018 when they will be opened publicly at in the
City Hall Council Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.
Specification packages and additional information may be obtained at the City’s BidSync website
at www.BidSync.com. Please contact Lorraine Colleran at lcolleran@slocity.org with any
questions.
Any questions regarding the requirements within the RFP, please contact Ryan Betz, Interim
Assistant to the City Manager at (805) 781-7589 or rbetz@slocity.org .
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Specification No. 91677
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 12
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions
Contract Term
Estimated Quantities
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Unrestrictive Brand Names
Start and Completion of Work
Accuracy of Specifications
D. Agreement
E. Insurance Requirements 19
F. Proposal Submittal Forms 21
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Page 3
Section A
DESCRIPTION OF WORK
The City of San Luis Obispo (“City”) seeks proposals for contract services for community outreach and
communications support services to enhance community outreach and engagement through more robust
and coordinated communication functions within the City.
I. GENERAL
The goal of City communication function is to ensure mutually beneficial, two -way communication with
external (such as residents, non-profit service providers, business owners and operators, business
community representatives, other governmental agencies among others) and internal audiences about City
issues and services, leading to a more responsive government and a high level of public confidence. It is
anticipated that the outcome from this effort will be increased community satisfaction with City
communication.
Currently, the use of contract services helps to streamline communication processes to get important
information to community members more quickly and, internally, to ensure effective and efficient exchange
of information between City departments and employees. The focus of the consultant work will continue
to be on communication planning, content creation, community and media outreach training, strategic
communications counsel and support on emergent communications issues as needed.
The consultant will work through a single point of contact in the City’s Administration Department who
will manage timelines and deliverables for individual tasks. A sample scope of work is provided, however,
the final scope of work will be determined with the selected consultant as a part of the contract during
negotiations. The services provided will be assessed and modified based on periodic review of services
provided.
Interested consultants will provide a maximum 10-page proposal, that outlines their approach for
communications support services. This page limit for proposal content is exclusive of a cover sheet,
required City forms and appendices. The City expects to expend no greater than $120,000 for all services
included in the contract. The City desires to formalize a monthly retainer fee, of $12,000 per month for all
expenses generated to provide communication support services.
II. SAMPLE SCOPE OF WORK
1. Planning
a. Prepare a 12-month communication plan (including measurable objectives, overarching
messages/themes, audiences, strategies and tactics). Prepare a 12-month work plan describing
implementation deliverables and timing. For the purpose of budgeting, consultants can assume
city staff have gained consensus on an overall goal for the communication program. Review
and propose needed modifications to existing policies, procedures and guidelines such as the
2003 Press Policy & Public Information Manual and the 2015 Public Engagement and
Noticing Manual).
2. Content Creation and Community/Media Outreach
a. Create public information as needed for city issues, events, projects and services including
writing news releases, articles, website content, fact sheets and other informational materials.
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b. Create content for and manage the City’s main social media channels.
c. Assist with scheduling of, and participation in, community and media outreach.
d. Identify and develop various outreach methods to enhance community engagement and
education of external and internal audiences.
3. Communication and Media Outreach Training
a. Provide training for City employees on communications and media outreach skills. For
budgeting purposes, please provide a cost for:
i. Developing and delivering three, two-hour trainings (for 15 city employees each) on:
1. Effective message delivery (how to avoid jargon, using simple
messages, etc.) twice a year.
2. Spokesperson training (on camera practice of message delivery for at
least eight employees) once a year
3. Writing effective public information (focus on clear, concise, active writing
style) twice a year.
4. Strategic Counsel
a. Provide ongoing strategic counsel to city staff, as needed, on issues, programs and plan
implementation.
5. Emergency Communications
a. As needed, assist with emergency communication services, including serving as support in the
city’s Emergency Operations Center during an emergency incident (could involve work outside
normal business hours). As a part of the proposal, please provide the hourly rate associated with
this task, if different from standard rates.
6. Other Services
a. Professional photography to assist in communicating about city issues, programs and
services.
b. Graphic design services to produce print materials such as fact sheets, infographics and
informational brochures.
c. Professional videography to assist in communicating about city issues, programs and
services.
III. QUALIFICATIONS
The consultant is required to state what work of a similar character has been successfully performed to that
included in the sample scope of work and to give references, with telephone numbers and addresses, which
will enable the City to judge the vendor’ s responsibility, experience and skill, and business standing. The
consultant is required to provide a minimum of three (3) references where work was performed within the
past five (5) years of a similar nature to this contract.
V. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City’s RFP, the proposer may offer those to the
City. Proposals are not required to address any additional services in order to be considered an acceptable
proposal. However, final selection of the successful proposer may be based on the desirability of the
additional services offered.
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VI. REFERENCE MATERIALS
The City has already developed several guidelines and templates related to communications. The
following should be carefully considered and integrated into the proposal:
1. Branding and Style Guide
2. Public Engagement and Noticing Manual
3. Press Policy and Public Information Manual
VII. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS
1. All works submitted to and accepted by the City must be an original piece created by the
contractor.
2. All works submitted by the Contractor must be in standard U.S. English and adhere to the
Branding and Style Guide.
3. All works must be submitted in Microsoft Word format and include a headline pertaining to
the work in bold. The work should appear in a non-bolded Calibri, 12-point font.
4. The City reserves the right to use all submitted works in current and/or future forms of current
media and/or media to be developed.
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Page 6
Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer)
shall meet all of the terms, and conditions of this Request for Proposals (RFP) specifications
package. By virtue of its proposal submittal, the proposer acknowledges agreement w ith and
acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted using the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be submitted on BidSync. If proposers have any trouble submitting a bid,
they should contact BidSync Support at support@BidSync.com or via phone at (800) 990-9339.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not
required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a new proposal on BidSync prior
to the closing time. No proposal received after the time specified or at any place other than that
stated in the “Notice Inviting Bids/Requesting Proposals” will be considered. All proposals will be
opened and declared publicly. Proposers or their representatives are invited to be present at the
opening of the proposals.
5. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-proposal
to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not
thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers
submitting proposals.
6. Communications. All questions related to the solicitation must be submitted on BidSync on or
before DATE, 2018. Other requests for information must be submitted to the Accounting Assistant
indicated as a contact on the solicitation.
CONTRACT AWARD AND EXECUTION
7. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal
and accept the other, except to the extent that proposals are qualified by specific limitations. See
the “special terms and conditions” in Section C of these specifications for proposal evaluation and
contract award criteria.
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8. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers. Proposers will
provide, in a timely manner, all information that the City deems necessary to make such a decision.
9. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
10. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice
of contract award as a precondition to contract execution.
11. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the
City’s business tax program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
12. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out
and complete the work hereunder in compliance with any and all federal, state, county, city, and
special district laws, ordinances, and regulations.
13. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
15. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
16. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
17. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
18. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
19. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United State
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pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
20. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
21. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or due to
unforeseen circumstances, then the time of completion may, at the City’s sole option, be extended
for such periods as may be agreed upon by the City and the Contractor. In the even t that there is
insufficient time to grant such extensions prior to the completion date of the contract, the City may,
at the time of acceptance of the work, waive liquidated damages that may have accrued for failure
to complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
22. Payment Terms. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such
extensions prior to the completion date of the contract, the City may, at the time of acceptance of
the work waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as
to the causes of same.
23. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any, shall
be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its contract requirements.
24. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
25. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor and
not an agent or employee of the City.
26. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold
the City and its agents, officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including injury
to Contractor's employees, agents or officers which arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or
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employees, in the performance of all obligations under this Agreement, and all expenses of
investigating and defending against same; provided, however, that Contractor's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers or employees.
27. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
28. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any
and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement
payment schedule; compensation for any other work, services or goods performed or provided by
the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress
in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment
of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of
the compensation quoted in its proposal.
In the event that the Contractor represents a client or a position which the City reasonably
determines represents a conflict of interest, the City may terminate this Agreement upon ten (10)
calendars days prior written notice.
The City further reserves the right to terminate this Agreement for convenience and without cause
upon sixty (60) days prior written notice.
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Section C
SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract award
(or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the
right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept
the next acceptable low proposal from a proposer that is not experiencing a labor action, and to
declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be made
to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were
the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated above unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for an additional one-year, and
annually thereafter, for a total of four years.
7. Supplemental Purchases
Supplemental Purchases. Supplemental purchases may be made from the successful proposer
during the contract term. For these supplemental purchases, the proposer shall not offer prices to
the City in excess of the amounts offered to other similar customers for the same item. If the
proposer is willing to offer the City a standard discount on all supplemental purchases from its
generally prevailing or published price structure during the contract term, this offer and the amount
of discount on a percentage basis should be provided with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
9. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
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10. Unrestrictive Brand Names.
Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications
are for the purpose of describing and establishing general quality levels. Such references are not
intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the
quality of the specifications given for any item. In the event an alternate brand name is proposed,
supplemental documentation shall be provided demonstrating that the alternate brand name meets
or exceeds the requirements specified herein. The burden of proof as to the suitabilit y of any
proposed alternatives is upon the proposer, and the City shall be the sole judge in making this
determination.
11. Delivery.
Prices quoted for all supplies or equipment to be provided under the terms and conditions of this
RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the
successful proposer and received by the City within 90 days after authorization to proceed by the
City.
12. Start and Completion of Work.
Work on this project shall begin immediately after contract execution and shall be completed within
90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement.
14. Submittal of References.
Each proposer shall submit a statement of qualifications and references on the form provided in the
RFP package.
15. Statement of Contract Disqualifications.
Each proposer shall submit a statement regarding any past governmental agency bidding or contract
disqualifications on the form provided in the RFP package.
16. Proposal Content.
Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. References from at least three organizations for whom you have provided similar services.
d. Professional work product samples.
Qualifications
a. Experience of your firm in performing similar services. Provide a minimum of three case
studies/examples including the project goal, strategies and tactics, budget and results.
Include the names and roles of any staff who worked on those projects and would also for
on this contract.
b. Resumes of the individuals who would be assigned to this project, including any
subconsultants. For each staff member, indicate the role on this project, the location of the
office where the person is based and the percentage of time that would be allocated to this
contract. Provide two references for each staff person (if different from references provided
as part of the firm’s experience).
c. Hourly billing rates for the assigned staff, including any sub -consultants. Rates must reflect
the City’s commitment to the responsible use of taxpayer money.
d. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
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e. Description of your approach to completing each task in the scope of work.
f. Sample budget for the following tasks, based on the direction provided in the scope of
work. The purpose of this budget is to enable the City to compare costs of defined tasks
among firms responding to this RFP. It is anticipated that other tasks will be added to the
scope of work based on the communication plan that is developed. The total cost of the
contract will be $120,000, and the City desires to derive maximum value for this
budget. The City desires to formalize a monthly retainer agreement with the selected
consultant.
The City requires the bid to include a unit prices for the following:
1) Prepare a 12-month work plan describing implementation deliverables and timing.
For the purpose of budgeting, consultants can assume city staff have gained
consensus on an overall goal for the communication program.
2) 1 news release describing action taken on a complex policy issue, including research
and quotes from city staff, council members and/or community members as
appropriate.
3) 1 news release promoting city events, public meetings, services and other day to day
public information topics. These releases will become templates that can be used
annually or as needed.
4) 1, 2-page fact sheets on city issues (does not include graphic design)
5) 1 PowerPoint presentation on city issues and/or services. For budgeting, assume
presentations are 20 minutes. City will provide PowerPoint template and images, as
needed.
6) 1 Effective message delivery training (how to avoid jargon, using simple messages,
etc.).
7) 1 Spokesperson training (on camera practice of message delivery for up to eight
employees)
8) 1 Writing for public information training (focus on clear, concise, active writing
style).
9) Graphic design for one two-page fact sheet.
10) Photography for one two-hour city event (approximately 50 high quality images
produced)
g. All other anticipated costs (travel time/expenses, if applicable, photocopying, telephone
charges, etc.). Assume city will cover printing and distribution of materials. Note any
agency mark up on expenses.
i. Any other information that would assist us in making this contract award decision.
Proposal Length and Copies
j. Proposals should include numbered pages, including identification of attachments and
supplemental materials.
17. Proposal Evaluation and Consultant Selection.
Proposals will be evaluated by a review committee using a two-phase selection and contract award
process as follows:
Phase 1 – Written Proposal Review/Finalist Candidate Selection
A group of finalist candidates will be selected for follow -up interviews and presentations based on
the following criteria as evidenced in their written proposals:
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a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References. Background and experience of the specific individuals to be assigned to this
project.
g. Cost
Phase 2 – Presentations/Interviews and Consultant Selection
The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or
issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present
information. Finalists candidates will make a presentation to the review committee and answer
questions about their proposal. After evaluating the proposals and discussing them further with the
finalists or the tentatively selected contractor, selected finalists will be required to complete a
specific assignment that demonstrates their quality of work and attention to detail. That assignment
will be reviewed and evaluated by the Administration Department. The City reserves the right to
further negotiate the proposed work scope and/or method and amount of compensation.
Contract award will be based on a combination of factors that represent the best overall value for
completing the work scope as determined by the City, including: the written proposal criteria
described above; results of background and reference checks; results from the interviews and
presentations phase; and proposed compensation.
18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 7/18/18
b. Receive proposals 8/1/18, 3:00 PM
d. Complete proposal evaluation 8/8/18 (estimate only)
e. Conduct interviews 8/13/18 (estimate only)
f. Conduct finalist interviews &
specific assignment 8/16/18 (estimate only)
g. Finalize staff recommendation 8/20/18 (estimate only)
h. Award contract 8/27/18 (estimate only)
i. Execute contract 9/15/18 (estimate only)
j. Start work 9/19/18 (estimate only)
19. Ownership of Materials. Al original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
20. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
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Section D
FORM OF AGREEMENT
AGREEMENT
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 [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter
referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for Consultant Services for citywide communications support
services per Specification No. 91667.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,
the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written
above, until acceptance or completion of said services.
2. INCORPORATION BY REFERENCE. City Specification No. 91667 and Contractor’s proposal dated [date],
are hereby incorporated in and made a part of this Agreement.
3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor
shall receive therefor compensation in a total sum not to exceed [$ .00 ].
4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore
mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement
and the said specification 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 City Manager or duly authorized agent of the City.
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6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein
by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding,
or representation not reduced to writing and sp ecifically incorporated herein shall be of any force or effect, nor shall
any such oral agreement, understanding, or representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor [ ]
[ ]
[ ]
[ ]
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual
executing this agreement on behalf of each party is a p erson duly authorized and empowered to execute Agreements
for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO, A Municipal Corporation
ATTEST: CITY OF SAN LUIS OBISPO
_____________________________________
City Clerk By:____________________________________
City Manager
APPROVED AS TO FORM: CONTRACTOR
____________________________________ By:____________________________________
City Attorney
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Section E
INSURANCE REQUIREMENTS: Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant’s profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees,
agents or volunteers.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the contractor’s insurance and shall not contribute with it.
3. The Contractor’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer’s liability.
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days’ prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he has carefully examined Specification No. 91 677, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
BID ITEM: Community Outreach and Communications Support Services
UNIT PRICE
1) Prepare a 12-month work plan describing implementation deliverables and timing.
2) 1 news release describing action taken on a complex policy issue, including
research and quotes from city staff, council members and/or community members as
appropriate.
3) 1 news release promoting city events, public meetings, services and other day to
day public information topics. These releases will become templates that can be used
annually or as needed.
4) 1, 2-page fact sheets on city issues (does not include graphic design)
5) 1 PowerPoint presentation on city issues and/or services. For budgeting, assume
presentations are 20 minutes.
6) 1 Effective message delivery training (how to avoid jargon, using simple
messages, etc.)
7) 1 Spokesperson training (on camera practice of message delivery for up to eight
employees)
8) 1 Writing for public information training (focus on clear, concise, active writing
style)
9) Graphic design for one two-page fact sheet.
10) Photography for one two-hour city event (approximately 50 high quality images
produced)
Total Unit Price
Other (provide detail below)
TOTAL
❑ Certificate of insurance attached; insurance company’s A.M. Best rating:___________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: ___________________.
Describe fully three contracts performed by your firm within the last five years that demonstrate your ability
to provide the services included with the scope of the specifications. Attach additional pages if required.
The City reserves the right to contact each of the references listed for additional information regarding your
firm’s qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and link to final report
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and link to final report
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and link to final report
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The bidder shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of the violation of law, a safety regulation, or for any other reason,
including but not limited to financial difficulties, project delays, or disputes regarding work or product
quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare?
Yes ❑ No ❑
◼ If yes, explain the circumstances.
Executed on ______________________________ at ______________________________ under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Bidder Representative
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blank.
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Meeting Date: 7/17/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jennifer Rice, Transportation Planner/Engineer II
SUBJECT: BUDGET AMENDMENT REQUEST FOR TRANSPORTATION IMPACT
FEE FUNDED ORCUTT/TANK FARM ROUNDABOUT DESIGN
RECOMMENDATION
Approve a Budget Amendment Request for the Orcutt & Tank Farm Roundabout, increasing the
budget by $114,000 from the Transportation Impact Fee Fund.
DISCUSSION
Background
As part of the City’s General Plan Update & Orcutt Area Specific Plan the intersection of Orcutt
and Tank Farm has been identified for traffic control upgrades. In recent years, traffic
congestion at this intersection has significantly increased and a roundabout has been identified as
the appropriate measure to mitigate the congestion. This need is exacerbated due to the
development of Righetti Ranch and the developer is conditioned to build the improvements at the
intersection with a design that the City is required to provide. Per the Righetti Ranch conditions
of approval, the City is required to have construction documents completed by October 31, 2018
in order for the developer to complete the construction.
The 2017-19 Financial Plan allocated $100,000 in FY 17-18 for the study and design of a
roundabout at the intersection, lower than the actual estimated study and design cost of $250,000
but consistent with available funds from the Orcutt Area Specific Plan impact fee program. As
part of the AB 1600 Transportation Impact Fee update, the project was incorporated into the
citywide Transportation Impact Fee Program with updated costs reflecting the most current
estimates. Under the City’s current on-call services contracts, staff advertised the project and
Omni-means (a GHD Company) submitted the lowest cost proposal at $213,050. In order to
proceed on schedule and meet the October 31st, 2018 deadline, the contract was awarded to
Omni-means for an amount not to exceed $100,000 along with direction for staff to return to
Council with a budget amendment request for the remaining balance of $114,000 from the
Transportation Impact Fee funds after the new Transportation Impact Fees were adopted.
The Council adopted new Transportation Impact Fees at its April 3, 2018 , meeting, therefore,
staff is now requesting a budget amendment to increase the budget for the Orcutt and Tank Farm
Roundabout design from $100,000 to $214,000 consistent with the new Transportation Impact
Fee program.
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ENVIRONMENTAL REVIEW
This project is included in the Environmental Impact Reports for the Orcutt Area Specific Plan
and the Circulation Element of the City’s General Plan. The Project is Categorically Exempt
under CEQA sections 15301 Existing Facilities, 15302 Replacement or Reconstruction, 15303
New Construction or Conversion of Small Structures, and 15304 Minor Alterations to Land.
FISCAL IMPACT
As part of the 2017-19 Financial Plan the City Council allocated $100,000 in FY 2017-18 for the
study and design of a roundabout at the intersection of Tank Farm & Orcutt. The proposed
budget amendment request will increase the budget by $114,000 from Transportation Impact
Fees for a total of $214,000 consistent with the recent update of the City’s Transportation Impact
Fee Program. The Transportation Impact Fee account has sufficient funding to accommodate this
expenditure.
ALTERNATIVE
The Council could choose not to approve the budget amendment request. Staff does not
recommend this option as it would effectively stop an important congestion relief project and
present inconsistencies with adopted conditions of approval for the Righetti Ranch Development
and the City’s Transportation Impact Fee Program.
Attachments:
a - BAR
b - Omni Means Proposal
c - Transportation Improvement List AB1600
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Department Fund #
Public Works 405
Account Title Fund Account Project Account Amount
Orcutt Tank Farm Roundabout 405 50500 114,000.00
Total 114,000.00
Program and Account Title Program Account Project Account Amount
Citywide TIF 405 114,000.00
Total 114,000.00
Title Amount
Fiscal Officer Date Date
Department Head Date Date
Posted By Date Period Year Date Control #
For Finance Use Only
CHANGE TO FUND BALANCE OR WORKING CAPITAL
Finance Department
Budget Manager or Finance Director
BUDGET AMENDMENT REQUEST
EXPENDITURES AND TRANSFERS OUT
Accounting
Fund Name
Transportation Impact Fee
PURPOSE
REVENUES AND TRANSFERS IN
Transfer funds from TIF to Orcutt Tank Farm Roundabout design phase in order to complete the design work by the deadline of October 31,
2018.
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Scope of Services
Tank Farm & Orcutt Roundabout Right-of-Way & Design Services I City of San Luis Obispo l January 29, 2018
P7859PRL002 l Page 11
Scope of Services
Tank Farm Road & Orcutt Road Roundabout
City of San Luis Obispo
The following Scope of Services outlines tasks necessary to deliver the Tank Farm Road at Orcutt
Road Roundabout Project.
This scope of work (scope) is based on the scope outlined in the City's RFP and adheres to the
main task numbering and naming convention provided, however it expands upon the identified
subtasks of the RFP to provide additional services and further enhance the quality of the delivery
of this project.
Task 0 Project Management, Meetings and Coordination
0.1 Project Management
Omni-Means will serve as overall Project Manager during the entire duration of the project. The
general project management responsibilities include:
Oversee all the project components listed in this Scope of Services
Prepare and keep master project schedule
Define and track key issues and goals throughout the entire project delivery
Coordinate project status meetings
Provide coordination with Utilities
Obtain appropriate document and plan approvals, authorizations and certifications
Manage sub-consultants
Effectively manage budget
Implement Quality Assurance and Quality Control Measures
Prepare monthly progress reports and invoices at the end of each month of previous
month’s work
0.2 Progress Meetings
Omni-Means will provide meeting coordination and oversight. Omni-Means has budgeted for six (6)
meetings at the City Offices. Sub-consultants will attend on an as needed basis and, where
possible, by teleconference. Omni-Means will prepare agendas and meeting minutes highlighting
decisions made and action items. The progress meetings shall, at a minimum, incorporate the
following design mileposts:
1. Pre-design or kick-off meeting;
2. Meeting to establish design criteria and identify key design features;
3. Meeting to establish geometric improvements and identify right-of-way acquisitions and
easements;
4. Coordination meeting with stakeholders and other agencies, including the utility companies;
5. Seventy percent (70%) design stage;
6. Final (100%) submittal
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Scope of Services
Tank Farm & Orcutt Roundabout Right-of-Way & Design Services I City of San Luis Obispo l January 29, 2018
P7859PRL002 l Page 12
The pre-design or kick-off meeting shall be scheduled for the introduction of staff, establishment of
communication channels, clarification of procedures and formats to be used, and discussion of a
design program schedule. In addition, this meeting will review the scope of work; refine the work
program; and set project goals, objectives, and criteria. Omni-Means shall prepare all meeting
notices, agendas, and minutes in consultation with the City’s Project Manager. This includes prior
distribution of the meeting agenda and meeting handouts/exhibits, coordination of appropriate
participants to attend, and distribution of the meeting minutes.
Deliverables:
Monthly invoicing and progress reports
Project Schedule with monthly updates
Public & City Council Meeting Materials
Task 1 Preliminary Study (Existing Conditions)
1.1 Data Collection & Review
Omni-Means will obtain and review all project related material, including: site maps, land uses, site
access locations, project descriptions, project applications, past transportation studies, recent
transportation studies within the study area, and other agency transportation planning documents
(including general plan circulations elements, and/or specific plan circulation elements).
Omni-Means will check for any other relevant transportation related data in the area available from
the City, RTA and the County. This data would include traffic counts, collision statistics and reports,
speed surveys, planned development proposals, improvement plans, transit schedules, pedestrian
counts, and other data as deemed necessary.
1.2 Surveying, Potholing and Base Mapping
1.2.1 Project Survey Control
MBS Land Surveys (MBS – Subconsultant) will establish a survey control base for the
project. The Project Control (Horizontal and Vertical) will be based on the City of San Luis
Obispo Control Network. The Project Control will be used during the life of the project in the
performance of topographic surveys, land net surveys and construction surveys.
1.2.2 Aerial Topographic Mapping
Aerial topographic mapping is proposed that would cover the project site and immediate
surrounding area including the area between Tank Farm Road/Wavertree Street intersection
and Orcutt Road/Spanish Oaks Drive intersection and about 800’ of Orcutt Road north of the
Tank Farm Road intersection. MBS will provide survey control and the map will be compiled
by an aerial consultant.
The new aerial photography will be suitable for compiling a topographic map with the following
specifications:
Finish mapping scale 1”=40 feet
Contours at 1-foot intervals
Product delivered in AutoCAD Civil 3D 2013 format
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Scope of Services
Tank Farm & Orcutt Roundabout Right-of-Way & Design Services I City of San Luis Obispo l January 29, 2018
P7859PRL002 l Page 13
Some areas which are obstructed by tree cover may not show complete contour information.
In addition to topography, the map will show planimetric features including; roads, buildings,
fences, power poles, trees, brush, and other features according to standard practice.
Accuracy will equal or exceed National Map Accuracy Standards for topographic maps
compiled by photogrammetric methods.
1.2.3 Supplemental Topographic Field Surveys
MBS will perform supplemental ground survey along Orcutt Road and Tank Farm Road. This
survey will include the following:
Cross sections of the streets at 50’ intervals at back of sidewalk, top of curb, flowline
of curb, and high point of street crown and possibly ¼ crown at join points. Surface
data will be sufficient to create a TIN for Civil 3D design.
Surface evidence of storm drain system (manholes, catch basins, drop inlets) with
flow line elevations.
Surface evidence of sewer system (Manholes and cleanouts).
Surface evidence of water system (water valves, blow offs and hydrants).
Surface evidence of dry utilities (PG&E boxes, telephone boxes, cable TV boxes,
etc.).
Power poles, guy wires and overhead lines.
Fencing and gates.
Street lights, signs, striping and markings.
Mailboxes, driveways and ramps.
Tree trunk locations and diameter.
Underground alignments can be plotted if the City of San Luis Obispo can provide as-built
drawings of the underground lines.
1.2.4 CAD File Set-up and TIN
Computer files will be prepared to include field control points, topographic surveys, utility
data, property surveys and preparation of the Triangular Irregular Network (TIN) used for
three-dimensional calculations, (i.e. earthwork, cross-sections and profiles).
1.2.5 Utility Mapping
Utilities will be mapped by using a combination of facilities identified on the topographic
maps, by field investigation, by utility company as built plans and/or by the utility purveyor
marking facilities on copies of the topographic maps, and by potholing. Omni-Means will send
base maps to all utility purveyors within the project area for identification and verification of
utility conduits, vaults, overhead lines, stubs, easements, etc.
1.2.6 Potholing
Potholing of utilities will be provided under this task by a licensed Contractor to be
determined at the time the work is necessary. Omni-Means will obtain three (3) bids and, with
oversight from the City, will select the lowest responsible bidder to perform the work. It is
assumed that five (5) potholes will be required. If more than five potholes are required, a
separate scope and budget will be provided once the extent of any additional potholing is
determined. It is assumed the City's encroachment permit will be issued at no cost.
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As part of the potholing operation MBS will survey the underground utility locations, depths,
sizes, pipe material and outside diameters, and update the topographic mapping. For
budgeting purposes, three half-day trips, were assumed.
1.3 Site Investigation
Omni-Means will conduct a site investigation with key team members to review the study area and
to identify key items or issues that could affect mapping, engineering design, right of way and
traffic. Digital photos of the study area will be taken and cataloged to serve as a reference during
the preparation of the individual project tasks.
Deliverables:
Base Map
Utility Map (Including pothole information)
Digital Photo Log
Task 2 Design
Currently, the cross-section of Tank Farm Road and Orcutt Road approaching the intersection is a
two-lane section with paved shoulders serving as Class II bike lanes. There is an existing sidewalk
on the south side of Tank Farm Road and Orcutt Road. As part of the Righetti Ranch development,
there are plans to improve the north frontage of Tank Farm Road and the west frontage of Orcutt
Road to have curb, gutter, and sidewalk.
Omni-Means has obtained the approved plans for the offsite street improvements for Orcutt Road
and Tank Farm Road and can ensure that the Tank Farm Road/Orcutt Road roundabout is
designed and constructed to be compatible with the proposed improvements. Coordination will be
necessary, particularly on the southbound Orcutt Road approach with proposed modifications to
the culverts. During initial meetings with the City, Omni-Means will confirm the assumed desired
goal is to develop roundabout plans which conform to the planned Righetti Ranch Offsite Street
Improvement Plans.
2.1 Preliminary Roundabout Evaluation (35% Design)
2.1.1 Capacity Analysis
Under this task, Omni-Means will prepare a traffic operations analysis to evaluate AM and
PM peak hour operations within the study area for a “No Build” conditions and with the
proposed roundabout. Each alternative will be evaluated based traffic forecast volumes
developed by Omni-Means for the Righetti Ranch project. The purpose of this analysis will be
to establish the need for the project and identify refinements in the roundabout geometry.
Synchro/Sim-Traffic software will be used for the No-Build analysis and SIDRA for
roundabout analysis.
2.1.2 Preliminary Roundabout Evaluation (35% Design)
Omni-Means will develop and optimize the roundabout design concept and prepare
roundabout design exhibits in conformance with the National Cooperative Highway Research
Program (NCHRP) Report 672 entitled Roundabouts: An Informational Guide. These exhibits
will include a geometric concept exhibit identifying critical dimensions, significant design
features, and utility impacts. The preliminary design will also enable the project team to
adequately identify environmental documentation requirements for CEQA/NEPA approval
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and to identify right of way needs. Truck turn exhibits will be developed illustrating the swept
paths of the design vehicles, including trucks and buses. Other performance check exhibits
will include Fastest Path Analysis, Stopping Sight Distance, Intersection Sight Distance, and
View Angles. The design will be analyzed to ensure that all pedestrian, bicycle and ADA
standards are met in accordance with City, FHWA and Caltrans guidelines.
Under this task Omni-Means will incorporate any changes that result from comments
received by the City and City approved modifications resulting from stakeholder and/or public
input received.
2.1.3 Preliminary Landscape Concepts
Omni-Means will prepare up to two landscape concepts depicting landscaping, hardscaping
and art opportunities. The concepts will be prepared utilizing 3D Computer Imaging Software
(such as Sketchup) in order to demonstrate the design from all visual aspects of the
roundabout design.
The designs will be presented with modifications made based on input/direction from the City,
community or community officials.
2.1.4 Quality Control/Expert Peer Review
All documents will undergo a Quality Control (QC) review prior to submission to the City. In
addition to the QC review, the roundabout design will be peer reviewed by Mark Johnson, a
roundabout design expert and member of the Omni-Means Team.
2.1.5 Technical Memorandum
Omni-Means will prepare a memorandum that will document and summarize the design
standards and assumptions made under Task 2.1.2. The memorandum will cover following at
a minimum:
Review and analysis of existing conditions
Traffic operations analysis of No Build and Proposed Conditions
Identify design constraints and standards
Review and analysis of conceptual design including: geometrics, design vehicle swept
paths, fastest path analysis, sight distance, and view angles
Narrative of pedestrian and bicycle accommodations (including ADA compliance)
Identification of utilities to be relocated and new utility needs
Identification of right of way and/or easements to be acquired
Landscaping/hardscape pallet and aesthetic treatments
Appendices and exhibits as appropriate
Deliverables:
Draft & Final Versions of the Technical Memorandum
Roundabout Design (35% Design) Exhibit Package
Landscape Conceptual Exhibits
Preliminary Right of Way and Easement Requirements
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2.2 Geotechnical Evaluation and Reporting
2.2.1 Project Initiation, Permitting and Pre-Exploration
Yeh & Associates (Yeh - Subconsultant) will visit the site to observe existing conditions in
the work area and locate and mark proposed exploration and pavement coring locations. Yeh
will contact Underground Services Alert (USA) to review the locations relative to underground
utilities. Yeh will not be responsible for damage resulting from buried structures or
underground utilities that are not brought to our attention and properly marked at the site.
In preparation for the fieldwork, Yeh will prepare a health and safety plan and submit an
encroachment permit application to the City of San Luis Obispo (City) for work in the public
right of way. However, Yeh assumes that the fees for the permit will be waived by the City of
San Luis Obispo.
2.2.2 Exploration
Yeh will provide a one-day effort to excavate and sample hand auger borings in the area of
the proposed roundabout at four to five locations. It is anticipated that two to three of the
locations will likely require coring through the existing pavement. Yeh also proposes to
perform two infiltration test boring locations in landscaped areas adjacent to the existing
sidewalks.
Pavement Borings: Yeh will provide traffic control to route traffic around the work area with
signage. Borings excavated in the existing pavement areas will be drilled to depths of five to
eight feet below the ground surface. Borings will be backfilled with excavated soils and
topped with one sack of rapid-set concrete colored black. Excess soils will be removed from
the work areas. Yeh also assumes a traffic control plan will be required for the encroachment
permit application. However, it is assumed that traffic control will consist of construction
signage and traffic cones, but that flagmen will not be required.
Yeh’s proposal does not include costs associated with encountering unanticipated hazardous
materials or analytical testing of soils or groundwater.
Infiltration Test Borings and Infiltration Testing: Yeh proposes to hand excavate borings
in landscaped areas to depths of 10 to 15 feet for infiltration tests. Shallow Quick Infiltration
tests will be conducted in accordance with the test methodology prescribed by the Central
Coast Regional Water Quality Control Board Resolution R3-2013-0032 and Earth Systems
(2013). In developing this proposed scope of work for infiltration testing Yeh has assumed
that:
Planned stormwater control measures will be constructed near the site’s existing
grade;
Infiltration test depths will be less than five feet and a test borehole diameter of three
to six inches can be used; and
The test duration will be four hours total.
Infiltration test borings will be backfilled with excavated soils and excess soils will be removed
from the work areas. Yeh’s proposal does not include repair of turf and costs associated with
encountering unanticipated hazardous materials or analytical testing of soils or groundwater.
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2.2.3 Laboratory Testing
Laboratory tests will be performed on selected samples obtained from the soil borings to
assist in characterization of the geotechnical engineering properties of the materials
encountered. Yeh expects to perform tests for soil unit weight and moisture content,
compaction, gradation, plasticity and R-value. The actual types and numbers of laboratory
tests to be performed will be selected based on the results of the field exploration program.
2.2.4 Geotechnical Evaluation and Reporting
Yeh will prepare a geotechnical report providing the results of the field exploration, results of
the Shallow Quick Infiltration tests, and geotechnical recommendations for design of the
proposed roadway improvements. The report will be submitted electronically in pdf format for
review by Omni Means and the City of San Luis Obispo. The report will present a plan
showing the locations of the explorations, data obtained from the field- and laboratory-testing
programs, and geotechnical recommendations for design of the proposed roundabout and
pavement improvements. The report will include Yeh’s findings, opinions and
recommendations regarding:
Soil and groundwater conditions encountered;
Grading recommendations and construction considerations (remedial grading,
subgrade preparation and excavation);
Suggested materials specifications;
Pavement structural sections based on traffic indices (TI) provided to us by Omni
Means; and
Results of the Shallow Quick Infiltration tests.
Deliverables:
Draft & Final Geotechnical Report
2.3 Utility Coordination
Overhead and underground utilities currently exist in the Project area. Omni-Means shall be
responsible for assisting the City in the relocation arrangements of all utilities impacted by the
Project improvements. Omni-Means shall provide the following utility coordination and relocations
services.
2.3.1 Utility Mapping and "A” Letters
Omni-Means shall contact PG&E, AT&T, Charter, SoCal Gas and other affected utilities to
locate and map the existing utilities within the project boundaries. The letters will be
accompanied by a project location map clearly showing the limits of the project. Omni-Means
will update the project base mapping as required to include all utility information that is
received as a part of the notification process. It is assumed that Omni-Means will sign and
send the letters to each utility purveyor on behalf of the City.
Under this task, Omni-Means will coordinate with all utility purveyors to identify any new utility
needs.
It is also assumed that the utility companies will provide the base mapping free of charge,
however if there is a fee, it is assumed this will be bill directly to the City.
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2.3.2 Utility Coordination Meetings
Under this task, Omni-Means shall provide the affected utilities with a set of the preliminary
plans once completed (see Task 2.5.1 50% Plans and Estimate of this proposal) to allow for
their initial planning and to start their design of utility relocation. Omni-Means will coordinate
with all utility purveyors to identify any new utility needs and attend utility coordination
meetings as needed. For budgeting purposes, attendance of three one-hour meetings, was
assumed. PG&E will also be requested to either confirm the preliminary service point
location(s) shown on the 50% street lighting plan or provide a new service point location. The
subsequent 90% plan submittal (Task 2.5.2) will then be provided to the affected utility
companies and shall contain sufficient vertical and horizontal controls and Project’s proposed
improvement information necessary to allow for determination of relocation requirements,
where applicable. Subsequent plan submittals will also be provided to the affected utility
companies during the 100% (Final) design phase (Task 5.2.3).
2.3.3 Utility Conflict Maps and Relocation Letters
Omni-Means will prepare utility conflict maps for use by the City and the utility companies in
determining liability (cost share) of the utility relocations. One Conflict Map will be prepared
for each utility involvement. The maps will be sent to each utility along with the required
Relocation Letter. The Relocation letter will follow City format.
Omni-Means shall coordinate the relocation schedules of all affected utilities to assure timely
completion of the proposed relocations. The affected utility company will complete their
relocation plans with input from Omni-Means and utility relocations shall be incorporated into
the Project plans and construction schedule, when necessary. If it is necessary to perform
some of the utility relocations simultaneously with the project construction, coordination of the
phasing of utility relocations will be addressed in the Special Provisions and on the Project
Plans.
Deliverables:
Utility "A" letters
Conflict Maps
Relocation Letters
2.4 Drainage Study
Stormwater Control Plan for Post-Construction Requirements
As part of our effort in preparing this scope of services, Omni-Means has developed an initial
evaluation of the stormwater water quality treatment, runoff retention, peak flow
management, and documentation effort anticipated for this project. We have reviewed the
City's Stormwater Control Plan template (based on the RWQCB Post-Control Requirements
for projects on the Central Coast (Resolution No. R3-2013-0032) and the accompanying
exhibits for Watershed Management Zones (WMZs), Groundwater Basin Locations, and
Urban Sustainability Areas (USAs). Using the maps provided in the City's Stormwater Control
Plan template, the project site lies within WMZ 3, is not sited over a groundwater basin, and
lies outside of approved USAs.
Based on these factors, the project is anticipated to be subject to "Site Design & Runoff
Reduction" and "Water Quality Treatment" requirements. Although the project is likely to
exceed the 22,000 square feet of new or replaced impervious area, since the project doesn't
lie within WMZ 4,7, or 10 over a ground water basin, or in WMZ 1,2,5,6,8, or 9, the project
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does not trigger "Runoff Retention" or "Peak Management" requirements based on current
stormwater regulations.
Omni-Means will utilize the soils infiltration rate obtained in Task 2.2.2 and document the
feasibility of infiltrating runoff onsite. Should infiltration be infeasible, we will implement bio-
filtration treatment where feasible such as in roundabout landscape buffers and/or other
landscaped areas, or non-retention based treatment such as permeable concrete gutters
over permeable aggregate base with perforated pipe connected to underground storm drain
system.
Omni-Means will prepare a drainage study that evaluates existing and proposed drainage
patterns. Proposed changes to the storm drain system will be supported by calculations
including gutter spread depth, pipe flow capacity and headwater depth using the
requirements outlined in the City's Waterway Management Plan, Volume III: Drainage Design
Manual. In addition to peak flow (quantity) calculations, Omni-Means will document
compliance with the RWQCB MS4 General Permit in the drainage study.
Omni-Means has reviewed the FEMA Flood Insurance Rate Map for the project area and
confirmed the project lies adjacent to a Zone X area (0.2% annual chance of flood); therefore,
neither a Location Hydraulic Study nor a Summary Floodplain Encroachment will be required
for this project.
Maintenance Plan
Certain stormwater structural BMPs such as permeable pavements, drain inlet filters, etc.
require a Maintenance Plan be prepared and delivered to the City for use by its Public Works
Department. Omni-Means will prepare a Maintenance Plan meeting the City's requirements
for any permeable pavements or other structural BMPs utilized in the project design.
Deliverables:
Drainage Report
Stormwater Control Plan
Maintenance Plan
2.5 Final Design/ Bid Documents
2.5.1 80% Plans, Specifications and Estimate (PS&E)
2.5.1.1 80% Plans
50% plans consist of unchecked, substantially completed plans and reports. The
following plan sheets or information will be prepared:
Roundabout Plan Set (64 sheets est.):
Title Sheet (including utility contact information) (1)
General Notes (2)
Typical Cross Sections (3)
Demolition Plan (2)
Roundabout Layout Sheets (4)
Roadway Profiles (4)
Construction Details (8)
Contour Grading (2)
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Utility Plans (2)
Drainage Plan (2)
Drainage Profiles (2)
Drainage Details (3)
Erosion Control Plan and Details (3)
Construction Area Sign Plan (1)
Traffic Handling/Stage Construction Plans (4)
Pavement Delineation Plans (3)
Sign Plans, Details, and Quantities (5)
Planting Plans (5)
Irrigation Plans (5)
Street Lighting Plan Sheet and Details (3)
The plans will conform to the City sheet format and City standards. The roundabout
design will conform to FHWA and Caltrans standards. The plans will undergo a peer/QC
review prior to submittal to the City. It is assumed that temporary traffic signal plans will
not be required.
2.5.1.2 Estimate
Omni-Means will prepare an opinion of probable construction costs based upon the
80% plan details.
2.5.1.3 Draft Specifications
Draft specifications will be prepared in accordance with the City and Caltrans format,
including Federal Requirements and Technical Specifications based on the 2015
Standard Specifications.
Deliverables (80% PS&E):
2 sets full size plans
2 sets 11x17 plans
2 copies Engineer’s Estimate
2 copies draft specifications
City markups of preliminary roundabout evaluation
2 copies Omni-Means comment resolution table
Electronic submittal of plans, estimate (Excel), and draft specifications (Word)
2.5.2 100% Plans, Specifications and Estimate (PS&E)
2.5.3.1 100% Plans
Comments received on the 80% plan submittal will be incorporated into the
improvement plans. The 100% plans will be submitted to the City of San Luis Obispo for
review and comment.
The plans will undergo a peer/QC review prior to submittal to the City.
2.5.3.2 100% Estimate
The estimate prepared for the 80% plan submittal will be updated based on any
revisions from the 80% to 100% plans.
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2.5.3.3 100% Specifications
The specifications prepared for the 100% plan submittal will be updated based on any
revisions from the 80% to 100% plans.
2.5.3.4 Roadway Cross Sections
Omni-Means will prepare roadway cross sections at minimum 20-foot intervals for each
of the entrance, exit and circulatory roadways.
Deliverables (100% PS&E):
2 sets full size plans
2 sets 11x17 plans
2 copies Engineer’s Estimate
2 copies specifications
2 sets 11x17 roadway cross sections
City markups of 80% submittal
2 copies Omni-Means comment resolution table
Electronic submittal of plans, estimate (Excel), and specifications (Word)
2.5.4 Final Plans, Specifications and Estimate (PS&E)
2.5.4.1 Final Plans
Comments received on the 100% plan submittal will be incorporated into the
improvement plans. The Final plans will be submitted to the City for final approval.
The plans will undergo a peer/QC review prior to submittal to the City.
2.5.4.2 Final Estimate
Omni-Means will prepare an opinion of probable construction costs based upon the
100% plan details. A separate Bid Sheet, without estimated prices will also be prepared
and included in the Contract Bid documents.
2.5.4.3 Final Specifications
Comments received on the draft version of the Bid Document will be addressed and the
final document will be submitted to the City for final approval.
2.5.4.4 Final Roadway Cross Sections
Comments received on the draft roadway cross sections will be addressed and the final
document will be submitted to the City for final approval.
Deliverables (Final PS&E):
2 sets full size plans
1 full size cover sheet on mylar
2 sets 11x17 plans
2 copies Engineer’s Estimate
2 copies specifications
2 sets 11x17 roadway cross sections
City markups of 100% submittal
2 copies Omni-Means comment resolution table
Electronic version of plans, estimate (Excel), and specifications (Word)
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Task 3 Right of Way
3.1 Land Net Surveys (Right of Way Mapping)
Existing right of way maps, subdivision maps and survey records will be researched by MBS to
establish the existing public right of way as well as the side lines of parcels adjacent to the project.
Existing monuments will be documented and included in the base mapping. Any new monuments
needed in order to acquire new right of way and establish new road right of way will be resolved
and included in the proposed mapping. As part of this work, property information such as
assessor's parcel number, owner name and street addresses will be compiled.
3.2 Right of Way and Easement Requirements
Initial right of way requirements will be identified during development of the preliminary roundabout
design completed in Task 2.1 and confirmed during Final Design in Subtask 2.5. As confirmed by
the City, all right of way activities shall be the responsibility of the developer and/or contractor. The
design should, however, show the necessary right of way in order to build. Under this task, Omni-
Means shall only prepare and provide preliminary right of way exhibits that identify the extent of
new right of way required to construct the project improvements. One set of exhibits will be
developed based on the preliminary design and one set of exhibits will be developed based on the
final design. Each set will be submitted both to the City and the developer for their information.
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The following project schedule identifies an approximate nine (9) month process from notice to
proceed to final construction documents. As shown in the schedule, final construction
documents are provided and the project will ready to list (RTL) on October 29, 2018.
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Cost Proposal Tank Farm & Orcutt Roundabout Right-of-Way & Design Services I City of San Luis Obispo l January 29, 2018 P7859PRL002 l Page 24 The following cost proposal represents a total base fee of $213,048.80 broken down by employee hours, billing rates and subconsultant fees for the tasks described in the Scope of Services. StaffRies Weiland Boyle Huffman Kehrer HooshialsadatVedula Robertson WunschelOmni-MeansProject TitlePIC PM QA/QCDesign EngineerDesign Engineer Design EngineerStaff EngineerTraffic EngineerLandscape ArchOffice Surveyor Mark-up Task Task DescriptionRate$220 $215 $218 $135 $145 $155 $105 $204 $188 $12810% Subtotal0$13,475$13,475.000.1 Project Management4 321652 $9,920$0.00 $0.00$9,9200.291221 $3,555$0.00 $0.00$3,5551 Preliminary Study (Existing Conditions)$23,197$44,042.001.1 Data Collection & Review244$500 10 $1,890$0.00 $0.00$1,8901.20 $20,257$0.00 $0.00 $41,1021.2.144$5,600$560.00 $6,160.001.2.20$4,900$490.00 $5,390.001.2.30$5,600$560.00 $6,160.001.2.481624$0.00 $0.001.2.5141217$0.00 $0.001.2.6224244 $7,900 54$2,850$285.00 $3,135.001.3 Site Investigation336 $1,050$0.00 $0.00$1,0502 Design$134,276$153,721.802.1$17,959$0.00 $0.00 $22,3592.1.18816$0.00 $0.002.1.22036$100 56$0.00 $0.002.1.362026$0.00 $0.002.1.444$4,000 $400.00 $4,400.002.1.5316423$0.00 $0.002.2$1,295$0.00 $0.00 $12,6012.2.1145$305$30.50 $335.502.2.20$5,773$577.30 $6,350.302.2.30$1,020$102.00 $1,122.002.2.444$3,180$318.00 $3,498.002.3$6,000$0.00 $0.00$6,0002.3.12810$0.00 $0.002.3.26612$0.00 $0.002.3.322426$0.00 $0.002.4284858 $8,950$0.00 $0.00$8,9502.50 $100,072$0.00 $0.00 $103,8122.5.16 10 110 7621654$1,000 472$3,400 $340 $3,740.002.5.2 100% PS&E4 6 40 169210$1,000 168$0$0.002.5.3 Final PS&E4 4 24 85210$1,000 102$0$0.003 Right of Way0$1,810$1,810.003.10$0.00 $0.003.224814 $1,810$0.00 $0.00$1,810Subtotal Base ProposalHours4 77 24 325 100 48 480 8 94 241184Dollars$880 $16,555 $5,232 $43,875 $14,500 $7,440 $50,400 $1,632 $17,672 $3,072 $11,500$172,758 $10,278.00 $18,950.00 $7,400.00 $3,662.80 $40,290.80$213,048.80$213,048.80Purchases & Direct CostsTotal HoursSubconsultantsSub-TotalYeh (Geotech)MBS Land Surveys (Survey)MTJ Engineering (Roundabout)Project Management, Meetings and Coordination Preliminary Landscape ConceptsProgress Meetings (6)Surveying, Potholing and Base Mapping Project Survey Control Aerial Topographic Mapping Supplemental Topographic Field Surveys Cad File Set-up and TIN Utility Mapping PotholingPreliminary Roundabout Evaluation (35% Design) Capacity Analysis Preliminary Roundabout Evaluation (35% Design) Utility Coordination Meetings (3) Utility Conflict Maps and Relocation LettersDrainage Study Quality Control/Expert Peer Review Technical MemorandumGeotechnical Evaluation and Reporting Project Initiation, Permitting & Pre-Exploration Exploration Laboratory TestingTask Sub-TotalTask TotalLand Net Surveys (Right of Way Mapping)Right of Way and Easement RequirementsFinal Design / Bid Documents 80% Plans, Specifications and Estimate (PS&E) Geotechnical Evaluation and ReportingUtility Coordination Utility Mapping and "A" LettersPACKET PAGE 30710
Appendix A
Transportation Improvement List, Cost Estimates, and Allocations
San Luis Obispo Capital Facilities Fee Nexus Analysis; EPS #161187
Description Estimate Information Regional Existing New Regional Existing New
CITYWIDE BASE
Intersection Improvements
Project #3 Broad & South-Santa Barbara Intersection
Improvements
Intersection Improvements Widen southbound approach to provide a 100' right-turn lane; OR
Improve the westbound approach to include two left-turn lanes and a
shared through/right turn lane.
Wallace estimates Project No. 20 $680,000 total with
$550k const, $130k Capital Support.
$680,000 $680,000 0.0% 0.0% 100.0% $0 $0 $680,000
Project #4 Orcutt & Tank Farm Intersection
Improvements
Intersection Improvements Near-Term: Minor realignment of the Tank Farm Road/Orcutt Road
intersection to correct the existing skewed alignment and addition of
a 200' southbound right-turn lane.
Long-Term: Install Roundabout.
Roundabout Cost based on similar Roundabout designs
and estimates at California @ Taft and Orcutt @
Righetti.
$1,700,000 $1,700,000 0.0% 0.0% 100.0% $0 $0 $1,700,000
Project #5 Broad & Tank Farm Intersection
Improvements
Intersection Improvements Establish time-of-day timing plans.
Add SB dual left-turn lane, NB dedicated right-turn lane and WB
dedicated right-turn lane. Augment bicycle facilities and improve
transit headways on Broad Street.
Wallace estimates Project No. 33 $1,490,000. $1,500,000 $1,500,000 15.0% 0.0% 85.0% $225,000 $0 $1,275,000
Project #6 Johnson & Orcutt Intersection Improvements Intersection Improvements Install roundabout. Wallace estimates Project No. 18 of $2,000,000 total
with $2,000,000 const no ROW.
$2,000,000 $2,000,000 25.0% 0.0% 75.0% $500,000 $0 $1,500,000
Project #7 Higuera & Tank Farm Intersection
Improvements
Intersection Improvements Add NB right-turn lane, WB dual right-turn lanes, dual SB lefts,&
median on Tank Farm between Higuera and Long.
Wallace estimates Project No. 35 of $1,650,000 total
with $1,650,000 const no ROW. Plus $350,000 for SB
Dual Lefts.
$2,000,000 $2,000,000 0.0% 0.0% 100.0% $0 $0 $2,000,000
Project #8 S. Broad Street Intersection Intersection Improvements Control Upgrades at 3 intersections. From S. Broad Street Corridor Plan with adjustments
(cost based upon Roundabout Control, Medians, and
ROW at $2.25 million each for two Intersections and
$500,000 for Bicycle Pedestrian Hybrid Crossing Signal
& Median and curb extensions at a third.
$5,000,000 $5,000,000 20.0% 0.0% 80.0% $1,000,000 $0 $4,000,000
Project #9 Misc. Intersection Control Upgrades Intersection Improvements 15 Intersections Control upgrades as identified in the GP Circ.
Element and EIR.
15 Intersections at average of $1.0 million each that
proposes mixture of signals, roundabout control,
ada/pedestrian enhancements to meet LOS
requirements.
$15,000,000 $15,000,000 0.0% 0.0% 100.0% $0 $0 $15,000,000
Project #10 Orcutt Rd/UPRR Grade Separation Intersection Improvements Grade Separation of Orcutt Road and Laurel Lane at the Union
Pacific Railroad including the relocation of Bullock Lane and
potential relocation of the Bullock Bridge.
Wallace estimates Project No. 41 of $20,000,000 does
not include ROW - one property still needs to be
acquired. Local Match only that could be used for prop
acquis if necessary.
$20,000,000 $16,000,000 $4,000,000 10.0% 0.0% 90.0% $400,000 $0 $3,600,000
Project #11 Prado Rd/Higuera & Prado Intersection
Improvements - Final Phase Dual LT's and
NB RT
Street Widening and
Intersection Improvements
Intersection Improvements: Add second westbound through lane.
Add second northbound left-turn lane. Add second eastbound
through lane.
Project cost estimated on Project #15 (see below) that
are 25% construction plans - forecast for future
conditions.
$2,500,000 $2,500,000 0.0% 0.0% 100.0%$0 $0 $2,500,000
Subtotal $50,380,000 $0 $16,000,000 $34,380,000 $2,125,000 $0 $32,255,000
Street Widening Improvements
Project #12 Higuera Widening: High St to Marsh St Street Widening Acquire property and widen to allow four travel lanes, center turn
lane, bike lanes, etc. & implement Downtown Plan concepts (See
Mid-Higuera Plan).
Wallace estimates Project No. 44 of $2,150,000 does
not include ROW - $1.760M in Const, $390k in const
support.
$2,150,000 $2,150,000 0.0% 75.3% 24.7% $0 $1,618,790 $531,210
Project #13 Higuera Widening: Madonna Rd to City
Limits
Street Widening Widen Higuera to 4 lanes, with a center turn lane, Class II bikeways
from Madonna to southern City Limits.
Wallace estimates Project No. 27 of $5,370,000 does
not include ROW - $4.4M in Const, $970k in const
support.
$5,400,000 $5,400,000 55.0% 0.0% 45.0% $2,970,000 $0 $2,430,000
Project #14 Tank Farm Road Widening Street Widening Widen Tank Farm Road as a Parkway Arterial with 2 lanes in each
direction, a center turn lane/landscaped median, Class II bike lanes,
sidewalks and Class I bike lanes from Horizon to Santa Fe &
Roundabout at Santa Fe.
Combination of Wallace estimates Project No. 51 of
$23,380,000 does not include ROW - $15.3M in Const,
$3.370k in const support. Adds to that the roundabout
and misc work at Sante Fe and Horizon Lane
intersections. $3,000,000 in direct dev contribution in for
adjacent development to pay for c/g/s and bike lanes
along frontage.
$22,000,000 $3,000,000 $19,000,000 30.0% 0.0% 70.0% $5,700,000 $0 $13,300,000
Project #15 Prado Rd Bridge Widening: West of Higuera
St and Higuera & Prado Intersection
Improvements (NB Dual LT)
Street Widening and
Intersection Improvements
Intersection Improvements: Add second westbound through lane.
Add second northbound left-turn lane. Add second eastbound
through lane.
See Wallace project No. 40 & Preliminary Cost
Estimates for Bridge. Assumes HBR program will pick up
to 60% (modified to excluse non eligible improvements).
$13,000,000 $7,800,000 $5,200,000 0.0% 0.0% 100.0% $0 $0 $5,200,000
Project #15F Prado Rd. Bridge W of Higuera Financing $3,821,495 $3,821,495 0.0% 0.0% 100.0%$0 $0 $3,821,495
Subtotal $46,371,495 $3,000,000 $7,800,000 $35,571,495 $8,670,000 $1,618,790 $25,282,706
Street Extension Improvements
Project #16a Santa Fe Road Extension North of Tank
Farm
Street Extension Realign and Extend Santa Fe Road as a Commercial Collector from
Tank Farm to Prado Road including construction of a new bridge at
Acacia Creek. (See AASP) Chevron responsible for 66%
($1,620,000) to reflect local access needs. New cost estimate
reduced by this amount.
See Wallace project No. 52. Roundabout cost in Wallace
estimate moved to TankFarm Road Widening Project
#14.
$1,080,000 $1,080,000 60.0% 0.0% 40.0% $648,000 $0 $432,000
Project #16b Santa Fe Road Extension South of Tank
Farm
Street Extension Realign and Extend Santa Fe Road as a Commercial Collector from
Hoover Avenue to Tank Farm including construction of a new bridge
at Acacia Creek. Chevron responsible for 50% to reflect local
access needs.
See Wallace project No. 52. Roundabout cost in Wallace
estimate moved to TankFarm Road Widening Project
#14.
$2,500,000 $2,500,000 60.0% 0.0% 40.0% $1,500,000 $0 $1,000,000
Project #17 Horizon Lane Extension South of Tank Farm Street Extension Construct new commercial collector Tank Farm to Buckley with
roundabout control at Tank farm.
1,300 LF at $775 per LF plus $2m for Roundabout. $3,000,000 $3,000,000 10.0% 0.0% 90.0% $300,000 $0 $2,700,000
Grant or
Other Sources
PFFP Cost
Estimate
Allocation - Citywide Allocation - Citywide
Project Number Name
Type
(e.g., Geographic Area of
Benefit)
New Cost
Estimate
Direct Development
Contribution
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10
Meeting Date: 7/17/2018
FROM: Derek Johnson, City Manager
Michael Codron, Community Development Director
Prepared By: John Rickenbach, Contract Planner
Tyler Corey, Principal Planner
SUBJECT: PUBLIC HEARING TO CONSIDER A REVISION TO THE PREVIOUSLY -
APPROVED SAN LUIS RANCH PROJECT, INCLUDING 1) THE
CERTIFICATION OF THE FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT (SEIR); 2) APPROVAL OF AN ADDENDUM TO THE
PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT;
3) SPECIFIC PLAN AMENDMENT TO ADDRESS MODIFIED PROJECT
PHASING; AND 4) INTRODUCTION OF AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT. THE APPROVED SPECIFIC PLAN FOR
THE SITE INCLUDES UP TO 580 RESIDENTIAL UNITS, 150,000 SQUARE
FEET OF COMMERCIAL, 100,000 SQUARE FEET OF OFFICE, 200-ROOM
HOTEL, 2.8 ACRES OF PARKS, WITH 60 ACRES OF THE SITE TO
REMAIN IN AGRICULTURE OR OPEN SPACE.
RECOMMENDATION
As recommended by the Planning Commission, adopt the attached resolution and introduce an
ordinance (Attachments A and B), taking the following actions to certify the Final SEIR, approve
an Addendum to the Final Environmental Impact Report (FEIR), approve the Specific Plan
Amendment (“Revised Project”) and approve a Development Agreement:
1. Adopt a Resolution 1) certifying the Final Supplemental EIR; affirm and modify as
needed previously-adopted CEQA Findings and Statement of Overriding Considerations
to allow for a proposed Specific Plan Amendment; and modify the previously-approved
Mitigation Monitoring and Reporting Plan to reflect updated mitigation measures from
the previously-certified Final EIR; 2) approving an Addendum to the FEIR; and 3)
approving the proposed Specific Plan Amendment; and
2. Introduce an Ordinance approving a Development Agreement between the City of San
Luis Obispo and MI San Luis Ranch, LLC that implements the previously-approved
entitlements as well as the Specific Plan Amendment referenced above.
REPORT-IN-BRIEF
The previously-approved San Luis Ranch Specific Plan would allow for a mix of residential and
non-residential development on 131 acres of land located between Madonna Road and U.S.
Highway 101, south of Dalidio Drive.
Certain components of the project were initially approved on July 18, 2017. Following the
approvals, City staff and the applicant team began to develop a financing plan for the Prado
Road Interchange project and initiated negotiations for a Development Agreement. During this
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process, the applicant independently determined that the required fixed sequential phasing of
development embodied in the prior approvals could not finance the project’s infrastructure
obligations. In order to address this challenging financing barrier, the developer submitted an
application to modify the previously approved project (“Revised Project”) by adjusting the
phasing plan description such that each of the project phases could overlap, be out of sequence,
or be concurrent, depending on market conditions and to adjust project conditions and/or
mitigation measures to implement the adjusted phasing plan, including:
(i) Removing phase numbering from mitigation measures T-1, T-2, & T-3;
(ii) Removing condition of approval #6 “Project construction and infrastructure shall
be completed in the sequential phase order as evaluated in the San Luis Ranch
EIR...;” and
(iii) Revising the mitigation measure monitoring program such that construction of the
Prado Road Overpass & Northbound Ramp is not a requirement prior to
occupancy of Phase 2 or any other project Phase.
These changes, if approved, will result in new temporary transportation impacts that are
considered significant and unavoidable. As a result, a Supplemental Environmental Impact
Report (SEIR) has been prepared to evaluate and disclose those impacts.
These changes would be reflected in the Specific Plan and Development Agreement. No other
approved entitlements would be affected. There is no change to the land use plan or
development potential proposed with the revisions. The portions of the approved Specific Plan
that relate to phasing and the timing of development and related improvements will be modified
to reflect the changes described above and are included as Attachment D to this staff report.
It is important to note that the Prado Overpass and Northbound Ramps project is a joint City and
Caltrans effort currently on schedule to begin construction in 2021. The proposed change in the
San Luis Ranch project description does not affect the interchange schedule or the project’s
requirement to dedicate the necessary right-of-way and pay impact and mitigation fees to cover
the project’s fair share obligations.
The staff reports for the Planning Commission hearings related to this item are at the following
links:
1. May 23, 2018 Staff Report:
http://opengov.slocity.org/weblink/1/doc/77654/Page1.aspx
2. June 28, 2018 Staff Report:
http://opengov.slocity.org/WebLink/1/doc/78272/Page1.aspx
The San Luis Ranch certified Final EIR, Addendum to the previously-certified Final EIR and
Final Supplemental EIR are available for review online at the following location:
http://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents
The revised project was considered by the Planning Commission on two occasions (May 23 and
June 28, 2018). On June 28, 2018, the Commission unanimously recommended (6-0; Chair
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Fowler absent) that the City Council certify the Final SEIR and approve the Specific Plan
Amendment and Development Agreement. The Planning Commission also recommended that
staff continue to engage with the developer to ensure that provisions of the City’s Urban Water
Management Plan relative to drought management (Attachment C) would be applicable to the
development.
The City Council’s role is to review and consider the revised San Luis Ranch project, including a
Specific Plan Amendment and Development Agreement, based on project-related input received
from the Planning Commission and the public. As a necessary step related to possible project
approval, the City Council must certify the Final SEIR for the project, and adopt the CEQA
Findings, including a Statement of Overriding Considerations for impacts determined to be
Significant and Unavoidable (“Class 1 impacts”).
DISCUSSION
Background
1. Project Description Summary
a. Previously-Approved Project Description Summary. The previously-approved project is
the development of a major new City neighborhood, which will be governed by a Specific Plan.
As summarized in the certified Final EIR, the San Luis Ranch Project consists of a Specific Plan,
General Plan Amendment and Pre-Zone, and Development Plan/Vesting Tentative Tract Map,
including annexation of the site into the City of San Luis Obispo. The site is located in
unincorporated San Luis Obispo County, generally between Madonna Road and U.S. Highway
101, south of Dalidio Drive, and is identified by assessor’s parcel number (APN) 067-121-022.
The approved project includes a mixture of residential, commercial, office, and hotel uses, with
approximately 53 acres of the site preserved for agriculture and approximately 7.4 acres
preserved for open space uses. Phases 1, 2, and 3 of the project would consist of residential
development. Phases 4, 5, and 6 would consist of non-residential (commercial and office)
development.
As shown in Figure 1, the Specific Plan area is organized into six land use designations, which
are equivalent to zoning within the area. These include Neighborhood General 1 (NG-10),
Neighborhood General 2 (NG-23), Neighborhood General 3 (NG-30), Neighborhood
Commercial (NC), Open Space (OS), and Agriculture (AG). The applicab le densities and
development standards associated with each of these zones are described in detail below. Table
1 lists the approved San Luis Ranch Specific Plan zones, acreages, and maximum buildout
potential within each zone of the Specific Plan Area.
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Table 1. Approved San Luis Ranch Specific Plan Area Development
Type Specific Plan Zone % of Site Units Acreage
Planned Development 1
Low-Medium Density Residential NG-10 16.4% 200 units 21.5 acres
Medium Density Residential NG-23 5.5% 100 units 7.3 acres
High Density Residential NG-30 8.4% 246 units 11.0 acres
Affordable Housing Density Bonus 2 34 units n/a
Commercial NC 9.0% 150,000 SF 11.9 acres
Office NC 3.2% 100,000 SF 4.2 acres
Hotel and Conference Center NC 2.7% 200 rooms 3.5 acres
Public Parks 2.1% 2.8 acres
Roads 6.8% 9.0 acres
Agricultural and Open Space
Agriculture AG 39.8% 52.3 acres
Internal Open Spaces OS 5.9% 7.8 acres
1. Planned Development area is based on net site area of approximately 122.5 acres. The gross site area is approximately 131.4
acres, less approximately 8.9 acres of right-of-way associated with regional roadway improvements.
2. The project includes up to 34 deed-restricted affordable units on site. Per Section 17.090.040(d) of the City’s Affordable
Housing Incentives, the included affordable housing allows for a 20% density bonus.
Figure 1. Approved Land Use Designations/Zoning
Figure 1. Approved Land Use Designations/Zoning
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The City Council unanimously certified the Final EIR and approved the project on July 18, 2017,
pursuant to City Council Resolution No. 10822 (2017 Series).
b. Proposed Changes to the Approved Project (“Revised Project”). After further
investigation, the applicant determined that the required fixed sequential phasing of development
and timing requirements associated with the Prado Road Interchange project creates unworkable
constraints on financing options available for funding the project’s required infrastructure. The
applicant determined that these constraints would render the development project infeasible
because funding would not be available for the significant upfront infrastructure requirements
required by City approvals. To address this, the project applicant now proposes to modify the
previously approved project by adjusting the phasing plan description such that each of the
project phases could overlap, be out of sequence, or be concurrent, depending on market
conditions and to adjust project conditions and/or mitigation measures to implement the adjusted
phasing plan, including:
(i) Removing phase numbering from mitigation measures T-1, T-2, & T-3;
(ii) Removing condition of approval #6 “Project construction and infrastructure shall
be completed in the sequential phase order as evaluated in the San Luis Ranch
EIR...”; and
(iii) Revising the mitigation measure monitoring program such that construction of the
Prado Road Overpass & Northbound Ramp is not a requirement prior to
occupancy of Phase 2 or any other project Phase.
Although the fixed sequential phasing has been adjusted, the San Luis Ranch Specific Plan still
includes a phased development schedule that identifies the number of residential units that can be
constructed in any given year. As with the Avila Ranch project, the Community Development
Director may authorize the developer, in any given year, to also construct 50% of the units
allocated to the project in the following year if the Director determines that doing so is necessary
to facilitate construction of beneficial public facilities and infrastructure. The purpose of this
authorization is to realize the public benefits associated with the project, mitigate known
potential impacts resulting from the project (e.g. temporary traffic impacts), and implement other
infrastructure requirements. Under no circumstances may the number of units constructed exceed
the City’s Growth Management Ordinance.
These changes will be reflected in the Specific Plan and Development Agreement. The
development potential under the approved San Luis Ranch Specific Plan would remain
unchanged from what was approved in July 2017. However, development could now occur more
rapidly or in a different order than previously contemplated as described above and irrespective
of when the Prado Road Interchange will be completed. The pace of residential and commercial
development would still be subject to limitations set forth in the Specific Plan and Development
Agreement for the project. The applicant will be required to pay its fair share contribution to the
Prado Road Interchange project and the Interchange project will continue to be devel oped by the
City and Caltrans with construction anticipated to begin in year 2021.
The portions of the approved Specific Plan that relate to phasing and the timing of development
and related improvements will be modified to reflect the changes described above and are
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included as Attachment D to this staff report. This modification is considered a Specific Plan
Amendment and is being processed as such. The Supplemental EIR under consideration is
prepared to address the potential impacts of these changes to the Specific Plan.
2. Planning Commission Review and Recommendation
The Planning Commission considered and provided input on the originally-approved San Luis
Ranch project on nine occasions from 2014 through 2017, before finally recommending approval
in June 2017. The City Council approved the project on July 18, 2017. On June 28, 2018, the
Planning Commission, on a 6-0 vote (Chair Fowler absent), recommended that the City Council
certify the Final SEIR and approve the Specific Plan Amendment and Dev elopment Agreement.
The Planning Commission also recommended that staff continue to engage with the developer to
ensure that provisions of the City’s Urban Water Management Plan relative to drought
management (Attachment C) would be applicable to the development. This item has since been
addressed in the Development Agreement (Attachment B, Exhibit 1).
3. Previous Advisory Body Review
The project has been considered before various City advisory bodies that have carefully
reviewed and commented on specific aspects of the project that relate to their purview. These
advisory bodies included the Bicycle Advisory Committee (BAC), Parks and Recreation
Commission (PRC), Architectural Review Commission (ARC), and Cultural Heritage
Committee (CHC). These reviews helped inform the Planning Commission’s recommendation
to the City Council, ultimately leading to project approval. Because the revised project only
involves a modified phasing approach, and no changes to land use, development buildout
potential, or architecture, no City advisory body review is required other than the Planning
Commission.
The Airport Land Use Commission (ALUC) also reviewed and recommended approval of the
original project with conditions that were incorporated into the approved project. Because the
revised project involves a Specific Plan Amendment to address changes to phasing, the ALUC is
required to consider the revised project, even though no land use or safety considerations that fall
within their purview were part of the proposed action. At a hearing on May 16, 2018, the ALUC
unanimously found that the proposed Specific Plan Amendment is consistent with its adopted
Airport Land Use Plan (ALUP).
CEQA Process
1. Determination to Prepare a Supplemental EIR
The City Council unanimously certified a Final EIR and approved the project on July 18, 2017,
pursuant to City Council Resolution No. 10822 (2017 Series). A Notice of Determination (NOD)
was prepared, and there were no legal challenges to the adequacy of the Final EIR during the 30 -
day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and
CEQA Guidelines Section 15094).
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The proposed modification to the approved project would only affect the phasing and
development schedule, not the land use pattern or ultimate buildout potential of the project.
Nevertheless, this change requires a Specific Plan Amendment, which is a “discretionary” action
that is subject to CEQA. A Supplement to the Final EIR (or “Supplemental EIR”) was
determined to be the appropriate approach to CEQA compliance pursuant to CEQA Guidelines
Section 15163, focusing on only those issues where potential impacts could be different, or the
analysis changed, from what was included in the certified Final EIR. A Supplemental EIR tiers
from the original Final EIR and is appropriate when only minor changes to an approved project
are contemplated.
Section 1.0 of the Final SEIR describes the full legal basis for this determination.
2. Final Supplemental EIR Contents and Conclusions
In general, the resulting overall impact of development would be similar to what was previously
described in the certified Final EIR, because the same amount of development would be
contemplated. However, there could be differences in the analysis of impacts and mitigation
measures for certain issue areas that relate to project phasing, which could affect the timing and
need for certain mitigation measures or result in a different level of significance for such impacts
during the time the project is being developed. This is potentially the case for the following
issues areas, which are the focus of the analysis in the Final SEIR:
• Air Quality (Section 4.3 of the certified Final EIR)
• Greenhouse Gas Emissions (Section 4.6 of the certified Final EIR)
• Land Use/Policy Consistency (Section 4.9 of the certified Final EIR)
• Transportation (Section 4.12 of the certified Final EIR)
These issues as they relate to updated project conditions are studied in Sections 2.1, 2.2, 2.3 and
2.4 of the Final SEIR, respectively.
The updated analysis included reviewed technical studies related to air quality, greenhouse gas
emissions, and transportation. Based on these studies, the Final SEIR drew the following
conclusions with respect to the above issues:
• Air Quality. Although emissions calculations were slightly different based on the
compressed phasing and assumed start year of construction, there were no changes to
the conclusions of the certified Final EIR. The level of significance of each impact
identified in the Final EIR would be the same. In a worst-case scenario studied in the
SEIR, which assumed that all approved development would be built within one year,
a new mitigation measure would be required to prepare a Construction Activity
Management Plan (CAMP) consistent with Air Pollution Control District (APCD)
requirements. However, practically speaking, growth management restrictions in the
Specific Plan and Development Agreement would preclude the possibility that all
development could actually occur within one year. Therefore, this mitigation
measure would not be required based on the growth management restrictions included
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in the revised project through the amended Specific Plan and Development
Agreement.
• Greenhouse Gas Emissions. The updated analysis and emissions calculations
resulted in no changes to the conclusion of the certified Final EIR that impacts would
be less than significant without mitigation.
• Land Use/Policy Consistency. The revised project was determined to be consistent
with relevant General Plan policies and zoning. There are no changes to the
conclusions of the certified Final EIR, although a new analysis of the revised
project’s consistency with the City’s Growth Management Ordinance and related
General Plan policies is included. The Final SEIR analysis finds that the revised
project is consistent with these provisions.
• Transportation. The certified Final EIR found that there were ten transportation-
related impacts (T-1 through T-10), six of which were Class I, significant and
unavoidable. Because buildout and long-term cumulative impacts under the revised
project are identical to what was anticipated under the certified Final EIR, impacts
with respect to transportation issues remain generally unchanged from those included
in the certified Final EIR, except as noted in the following discussion.
The original 10 impact statements from the certified Final EIR would still apply,
although the discussion of Impacts T-1, T-2, T-3 (which reflect near-term plus project
conditions) and T-5 are modified, and a new impact (T-11) has been identified. This
new impact is summarized as follows:
Under Existing and Near-term Plus Project conditions buildout of the project
prior to construction of the Prado Road Overpass & NB ramps would result
in Highway 101 from Madonna to Los Osos Valley Road operating below
Caltrans level of service standards. This is a Class I, significant and
unavoidable impact.
The remaining impacts (Impacts T-4, T-6, T-7, T-8, T-9, and T-10) remain
unchanged from the certified Final EIR. Seven of the 11 impacts (T-1, T-2, T-3, T-8,
T-9, T-10, and T-11) are Class I, significant and unavoidable. The remaining 4
impacts (T-4, T-5, T-6 and T-7) are Class II, significant but mitigable.
Note that all impacts previously identified in the certified Final EIR would still be observed with
the revised project, as would the classification of such impacts. That is, all impacts previously
identified as Class I would still be Class I, and all impacts identified a Class II would still be
Class II. Transportation Impact T-11 is a new impact not previously identified, and is considered
Class I, significant and unavoidable.
3. EIR Processing Requirements and Preparation of the Final SEIR
Under the provisions of the California Environmental Quality Act (CEQA), a 45-day public
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review period of the Draft SEIR is required, which is the same process as was required for the
originally certified Final EIR. A Draft SEIR was prepared and released to the public on April
30, 2018. This started a 45-day public review period that ended on June 13, 2018. CEQA does
not require that a public meeting be held during the public review period, but does encourage it.
The Planning Commission held a public hearing to solicit input on the Draft SEIR on May 23,
2018.
The Final SEIR is a compilation of the Draft SEIR, responses to comments to the Draft SEIR,
and any changes made as a result of those comments. Only minor revisions were made as a
result of this input, notably the inclusion of additional wording on Mitigation Measure AQ -2(a)
to address climate change concerns raised by APCD, and a new table that compares the
mitigation measures from the certified Final EIR with those that have been modified in the SEIR
in order to clarify the differences between the two documents. In neither case do these changes
affect the analysis, conclusions, or intent of the required mitigation measures. All changes made
to the text of the Draft SEIR are clearly noted in the Final SEIR.
4. Addendum to Certified Final EIR
Subsequent to the certification of the Final EIR and approval of the San Luis Ranch project in
July 2017, the City of San Luis Obispo conducted additional analysis of traffic operations along
the U.S. Highway 101 corridor in the vicinity of Prado Road as a part of the US 101/ Prado Road
Interchange Project. In April 2018, Caltrans approved the US 101/Prado Road Interchange
Project Study Report-Project Development Support (PSR-PDS), which identifies and evaluates
viable build alternatives for the interchange. Operational results from the PSR-PDS are presented
in the San Luis Ranch Specific Plan Multimodal Transportation Impact Study Addendum (TIS
Addendum, 2018) prepared by Omni-Means, a GHD Company. The setting and project
description for the purpose of the updated traffic report remain unchanged from those included in
the certified Final EIR. Please refer to that document for setting information related to analyzing
project impacts.
The Supplemental TIS describes traffic operations for mainline, ramp merge and diverge, and
weaving sections along US 101 from south of the Los Osos Valley Road interchange to north of
the Marsh Street interchange. It reports existing, near term (2025), and cumulative (2035)
conditions both with and without the San Luis Ranch project. The Supplemental TIS con cludes
that “This updated analysis does not materially change the findings and conclusions of the May
2017 San Luis Ranch Specific Plan Multimodal Transportation Impact Study.” The referenced
May 2017 study was the primary source document for the FEIR.
To address CEQA requirements associated with this action, an Addendum was prepared, which
incorporates the additional analysis for inclusion in the environmental record. The Addendum is
available, including the updated traffic study, on the City’s website at the following link:
http://www.slocity.org/government/department-directory/community-development/documents-
online/environmental-review-documents
According to §15164(b) of the State CEQA Guidelines, an Addendum to an EIR is the
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appropriate environmental document in instances when “only minor technical changes or
additions are necessary or none of the conditions described in Section 15162 calling for the
preparation of a subsequent EIR have occurred”. The updated analysis does not materially
change the findings and conclusions of the FEIR, nor does it introduce substantial new
information that would affect the ability to make an informed decision on the project. For this
reason, a Subsequent EIR was determined to be unnecessary pursuant to Section 15162 of the
CEQA Guidelines.
An Addendum does not require public circulation because it does not provide significant new
information that changes the certified FEIR in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect.
General Plan Guidance and Policy Consistency
The San Luis Ranch (Dalidio) Specific Plan Area was one of three Specific Plan areas
designated for development when the General Plan Land Use and Circulation Elements update
was adopted by the City Council in December 2014. On July 18, 2017, the City Council found
as part of its approval of the San Luis Ranch project that it was consistent with the General Plan.
An evaluation of the project’s consistency with General Plan policies is discussed at length in
Section 4.9 of the certified Final EIR.
However, the certified Final EIR did not examine the effect of compressed or flexible project
phasing with respect to the City’s Growth Management Regulations. For that reason, the
relevant growth management policies from the City’s General Plan and Zoning Regulations are
analyzed in Section 2.3 of the Final SEIR. The Final SEIR concludes that the revised project is
consistent with the City’s Growth Management Regulations, based on the analysis provided to
address Impact LU-5 within that document. In summary, that analysis found that there is
sufficient existing and projected capacity within the City’s annual growth limitations to
accommodate all development under the proposed project within the proposed compressed
development timeframe.
Based on the conclusions of both the certified Final EIR and the Final SEIR, the proposed
Specific Plan Amendment is consistent with the General Plan. In addition, the Development
Agreement is based on the Term Sheet that was approved by the City Council in July 2017,
which was determined to be consistent with the General Plan at that time. Because the
Development Agreement generally reflects the Term Sheet and modified phasing concept
included in the Specific Plan Amendment, both of which were found to be consistent with the
General Plan, the Development Agreement is consistent with the General Plan.
Development Agreement
1. Background and Overview
In April 2014, the City Council authorized City staff to begin a process for the City to enter into
a Development Agreement with the project applicant. A Development Agreement is a legal tool
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that allows public agencies to gain public improvements beyond what would either be required
through a typical planning process to address identified impacts related to a project or to achieve
important public improvements or amenities or to obtain other valuable project components such
as affordable housing and other similar restrictions. A Development Agreement typically
includes the payment of fees needed to help implement such improvements. In exchange, a
project applicant is provided certain assurances related to future development, often with respect
to timing. A Development Agreement cannot be implemented unless the necessary underlying
planning entitlements are approved, in this case, a Specific Plan, General Plan Amendment/Pre-
Zoning, and Vesting Tentative Tract Map. The site must also first be annexed to the City before
its provisions become effective, meaning that LAFCO must take action on the pending
application.
2. Project Approach and Development Agreement Concept
In July 2017, the City Council approved a Term Sheet that would form the basis of the
Development Agreement. The Term Sheet represented the tentative agreement between the
applicant and the City on important areas related to the phased and orderly development of the
property. Based on this Term Sheet, the City and developer subsequently negotiated the details
of a full Development Agreement, which is now presented to the City Council.
The Development Agreement works in parallel to other entitlements, and in the case of San Luis
Ranch, the proposed conditions of approval require its approval with a detailed infrastructure
financing plan before certain portions of the entitlement can take effect. The Development
Agreement would not change the development parameters included in the Specific Plan, but
would fine-tune their implementation, building on the Conditions of Approval associated with
the Vesting Tentative Tract Map.
3. Legal Basis for the Development Agreement
A Development Agreement is a contract between a developer and a city (or county) in which the
city provides the developer with vested development rights for a defined period of years in
exchange for the developer providing “extraordinary” public or “community” benefits that
exceed what would otherwise be permissible by law, i.e. the land use regulation “police powers”
delegated to local government by the State of California.
Development Agreements are a unique planning tool authorized by statute pursuant to
Government Code section 65864 – 65869.5 wherein the parties agree to “freeze” all rules,
regulations, and policies that are in place as of the execution of the agreement (Gov. Code
Section 65866; Santa Margarita Area Residents Together v San Luis Obispo County Bd. of
Supervisors (2000) 84 CA4th 221). The Development Agreement structure, because it is a
voluntary negotiation process between a developer and city, also allows a city to negotiate
developer concessions or contributions that it could not otherwise obtain from a developer
through normal exactions or conditions of approval. In other words, because a Development
Agreement is an arm’s length type of transaction, the nexus/rough proportionality due process
requirements do not apply.
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In some circumstances, Development Agreements can provide both greater flexibility and greater
certainty in the development of large or complex projects. However, it should be noted that
Development Agreements are legislative acts and subject to referendum, so the flexibility
afforded by the tool is limited by community values.
The Development Agreement for this project is included as Attachment B, Exhibit 1 to this staff
report.
The Development Agreement between the developer and the City covers the general terms, as
well as the specific commitments of both the developer and the City. Requirements that are part
of the Conditions of Approval or the FEIR and SEIR are generally not repeated in the
Development Agreement. The exhibits included with the Development Agreement are intended
to ensure that the entire package can be viewed on a standalone basis as the agreement between
the developer and the City.
4. Major Deal Points
Major items or “deal points” that are covered in the Development Agreement are summarized
below:
a. Term: The length or term of the agreement is 20 years with a possible 10 -year
extension.
b. Financing: The Developer has a large investment to make in infrastructure. The plan is
to establish a CFD to help finance these costs. The Development Agreement requires the
City to consider in good faith the funding, establishing and forming a mechanism or
mechanisms to facilitate funding costs related to the project.
c. Fees: Normally, a project subject to a vesting tentative tract map only pays the impact
fees that were in place at the time the project application was “deemed complete.” When
the San Luis Ranch project received its original entitlements, the City was in the process
of updating its AB1600 impact fees. Through the negotiation process surrounding the
Development Agreement, the amount of the “vested” fees was modified. Specifically, the
developer has agreed to pay the new impact fees for parks, police and fire and has agreed
to pay all other fees (transportation, water and waste water) based on a sliding scale – the
amount of the fees goes up 10% each year until the amount equals the updated fee
amounts.
d. Reimbursement: The Development Agreement and the financing plan layout the options
for reimbursement and the possible sources of reimbursement. Two key points are that
the City’s general fund is not at risk for any reimbursement and that the “fair share”
allocations of the infrastructure are based on the percentages identified. Actual
reimbursement will be based on the actual costs not on the estimated costs included in the
financing plan.
e. Energy and Water Conservation: The agreement documents requirements that exceed
both existing and anticipated regulatory requirements related to energy and water
conservation features, including solar and building efficiency/net zero.
f. Affordable and Workforce housing: The project is required to provide 68 Inclusionary
Housing units that will be met through a combination of construction and payment of in-
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lieu fees. In addition, the project includes design and development strategies that serve to
provide lower cost housing by providing for a range of housing sizes and types, greater
affordability than required by Ordinance (26 very-low income units provided; none
required), local preference (none required), owner occupancy restrictions (none required),
deed restricted workforce housing (14 units provided; none required) and local heroes
program (none required). These are contractual requirements that exceed the City’s
regulatory authority for affordable housing.
g. Early payment of Prado Road Overpass: In order to facilitate the timely construction
of the Prado Road Overpass, the developer has agreed to pay $1,500,000 of mitigation
fees potentially prior to the fee being triggered. This funding will be used to pay for the
City’s and CalTrans’ costs related to planning, design and environmental review of this
infrastructure.
h. Residential Development “shortfall” fee. The new residential development will require
additional city services such as police and fire protection. Anticipated revenue from the
commercial portion of the project is anticipated to exceed the costs of these services,
however, the timing of when the commercial development will occur is unknown. In
order to cover this potential gap, the City will impose an “Early Residential Development
Fee” in the amount of $262 per constructed unit per year. Once the commercial
development is constructed, the annual fee terminates.
i. Public Benefit: The City’s outside consultant, Economic & Planning Systems, Inc.
(EPS), has reviewed the financials of the project and the commitments of the Developer
and the City that are included in the Development Agreement and concluded that the City
is receiving approximately $14,250,000 in extraordinary public benefits. EPS estimates
that the value of the Development Agreement to the Developer is approximately
$7,050,000, thus the benefits to the community outweigh the Developer’s benefits.
5. Development Agreement’s Relationship to the Supplemental EIR
The Development Agreement concept was considered in the certified Final EIR, and the
approved Term Sheet reflected the approved entitlements addressed in that Final EIR. As noted
above, the Development Agreement now under consideration reflects the approved Term Sheet
and project entitlements, so the potential environmental impacts of that action are already
addressed in the certified Final EIR. The modified phasing approach addressed in the Final
SEIR will be reflected in both the Specific Plan Amendment and as needed within the
Development Agreement. Therefore, any impacts associated with phasing, whether reflected in
the Specific Plan or Development Agreement, are fully addressed in the Final SEIR.
Next Steps
If the City Council certifies the SEIR, and approves the Specific Plan Amendment and
Development Agreement, these are the next steps in the process:
• Ordinance for Development Agreement. Adopt the Ordinance approving the
Development Agreement following a second reading at City Council.
• Annexation. LAFCo will consider the City’s application for annexing the project area
into the City based on the revised project, if approved. If the revised project is denied,
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the annexation application could still go forward based on the existing approved project
with the property owner’s consent.
• Project Development. Once annexed, the City’s approved project entitlements will
become effective, including Development Agreement provisions.
CONCURRENCES
The City’s review of the revised San Luis Ranch project has involved all City departments in the
development review process. Conditions of approval or mitigation measures will be implemented
to ensure that the project is carried out in a manner that is consistent with City standards. In
addition, the Airport Land Use Commission has determined that the project is consistent with the
Airport Land Use Plan.
FISCAL IMPACT
When the Land Use and Circulation Elements of the General Plan were updated in 2014, they
were accompanied by a fiscal analysis that identified the overall fiscal impact that buildout of the
General Plan would have on the City’s ability to continue to provide the high level of service
expected by the community. This fiscal impact analysis of the City’s land use plan is an essential
aspect of land use planning in California, where property tax growth is statutorily limited. As a
result, communities have to be careful to balance land uses between commercial activities that
produce net revenues to support City operations, and residential uses that cost more to support
than they produce in direct revenues.
Smaller scale, individual projects generally are not accompanied by project-specific fiscal
analyses. In the case of San Luis Ranch, a detailed fiscal analysis was prepared for a few key
reasons:
1. The size of the project warranted a project-specific look.
2. The phasing of the project could result in short term fiscal impacts that would limit the ability
of the City to maintain or deliver public facilities in the earlier phases of the project.
3. Negotiations with the developer regarding the Development Agreement relied on a detailed
understanding of the specific fiscal effects of the project.
4. Discussions with the County regarding the tax exchange agreement were also informed by a
more detailed understanding of the tax revenue and costs that will be generated by the
project. (That tax exchange agreement was approved by both the City Council and County
Board of Supervisors in May 2018.)
The fiscal impact analysis for the previously-approved version of the San Luis Ranch project was
prepared by Applied Development Economics (ADE) in September 2017, prior to the approval
of the May 2018 tax exchange agreement. ADE is the same firm that prepared the fiscal and
economic analysis for the General Plan update, which allowed for consistency in methodology.
A few of the key findings from the report include:
1. At full build out, the project is estimated to generate about $2.5 million per year in General
Fund revenues and $1.5 million per year in municipal service costs (In 2017 dollars). As
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noted in this report, projections show that there will be periods when expenditures exceed
revenues for the early phases.
2. It should be noted that the City has made investments and anticipates additional future
investments in circulation infrastructure and other public facilities that benefit the proposed
project site.
3. To the extent this project generates positive net revenue for the City General Fund, those
revenues may be needed to service debt for these public investments that are not funded
through direct development impact fees.
4. The residential units all show a negative fiscal impact. Because of this anticipated fiscal
deficit, the City and Developer have agreed that the Developer will pay an “Early Residential
Development Fee” in the amount of $262 per con structed unit per year. Once the commercial
development is constructed, the annual fee terminates.
5. The hotel represents the single highest fiscal net revenue of any of the land uses in the
project.
6. The office development was shown to produce a negative fiscal impact, mainly because, per
the Master Tax Sharing Agreement between the County and the City, the property tax from
the non-residential development would go to the County rather than the City and office space
does not generate much sales tax to help defray the costs of services. However, the May 2018
tax exchange agreement stipulates that the City will receive one-third of future property tax
increment from all development, not just the residential development. This improves the
fiscal impact to the City from the office development, relative to what was evaluated in
ADE’s fiscal impact analysis.
7. The retail commercial development would generate substantial sales tax and also produce a
significant fiscal benefit similar to the hotel.
In general, most of the non-residential portions of the project would be fiscally positive, while
the residential portions would be fiscally negative. These were considerations in the tax
exchange discussions with the County, as well as in the Development Agreement. It was also an
important consideration in why a revised project was necessary, to allow sufficient flexibility in
the project phasing to allow the project to work financially for both the City and developer.
In conclusion, the revised San Luis Ranch Project is expected to have a net positive fiscal impact
on the City, however, a portion of those revenues will be needed for infrastructure that is
expected to benefit the City as a whole. In addition, the establishment of a Community Facilities
District would ensure that the City has sufficient resources to provide urban services and
maintain public facilities prior to project build-out.
ALTERNATIVES
1. Continue consideration of the project entitlements. The City Council may continue its
review of the revised San Luis Ranch project to a date certain if additional time or
information is needed to make a decision. If additional information is needed, direction
should be provided to staff so that it can be presented on that date.
2. Direct changes to the revised project proposal. The City Council may direct staff and the
applicant to make specific changes to the revised project, either to the Specific Plan
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Amendment or Development Agreement. Direction on changes should be specific and within
the scope of the environmental document prepared for the project. For example, the Council
could direct the applicant to modify the phasing concept or related conditions or mitigation
measures in some way, but cannot modify the land use pattern or amount of development
contemplated at buildout, since there are existing entitlements in place (adopted Specific
Plan, Tentative Tract Map) that are based on a development pattern and amount that is
consistent with the General Plan.
3. Deny the revised project. The City Council may deny the revised project, based on findings
that the project is not consistent with the General Plan, or that the project benefits do not
outweigh its negative effects. This action is not recommended because the project appears to
be consistent with the General Plan. In addition, the Final SEIR for the project has identified
mitigation measures that will reduce most project-related impacts to less than significant
levels. Proposed Findings of Overriding Considerations recommended by the Planning
Commission illustrate how the benefits of the project outweigh its negative effects. If the
revised project is denied, the existing entitlements related to the project site, including the
adopted San Luis Ranch Specific Plan and Tentative Tract Map, remain in place. However,
as noted previously, the project applicant has indicated that the project would not be able to
move forward with those plans for financial reasons, which would in turn impair the City’s
ability to develop necessary roadway and other infrastructure that would have
communitywide benefits. It would also impair the ability of the City to build the Prado Road
Interchange in the near future, since that project depends in part on fees generated by the
revised project through the Development Agreement.
Attachments:
a - Entitlement Resolution
b - DA Ordinance
c - PC Minutes
d - Specific Plan Amendments
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RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO, CALIFORNIA, CERTIFYING THE FINAL
SUPPLEMENTAL EIR, APPROVING THE ADDENDUM TO THE FINAL
EIR FOR, AND APPROVAL OF, THE REVISED SAN LUIS RANCH
PROJECT, INCLUDING A SPECIFIC PLAN AMENDMENT FOR
PROPERTY LOCATED AT 1035 MADONNA ROAD (SPEC/ANNX/
ER-1502-2015 a.k.a. “SAN LUIS RANCH”)
WHEREAS, on July 18, 2017, the City Council of the City of San Luis Obispo certified a
Final EIR and approved the San Luis Ranch Specific Plan a well as related entitlements including a
General Plan Amendment, prezoning of the site in anticipation of annexation, Development
Plan/Vesting Tentative Tract Map No. 3096, and Term Sheet; and
WHEREAS, on June 28, 2018, the Planning Commission recommended that the City
Council: 1) certify the Final Supplemental EIR for the revised San Luis Ranch project, affirm and
modify as needed previously-adopted CEQA Findings and Statement of Overriding Considerations
to allow for a proposed Specific Plan Amendment, and modify the previously-approved Mitigation
Monitoring and Reporting Plan to reflect updated mitigation measures from the previously-certified
Final EIR; 2) approve an amendment to the San Luis Ranch Specific Plan; and 3) approve a
Development Agreement to implement the revised project; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing on
July 17, 2018, in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California,
for the purpose of considering SPEC/ANNX/ER-1502-2015, which includes entitlements consistent
with the Planning Commission recommendation of June 28, 2018, including a Specific Plan
Amendment to accommodate a revised phasing approach for a land use pattern and buildout identical
to that approved on July 18, 2017;
WHEREAS, notices of said public hearing were made at the time and in the manner required
by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Final SEIR, CEQA Findings, Mitigation Measures and Mitigation
Monitoring and Reporting Program. Based upon all the evidence, the City Council hereby
certifies the Final Supplemental Environmental Impact Report (SEIR), adopts an updated Mitigation
Monitoring and Reporting Program, and adopts the following CEQA Findings and Mitigation
Measures in support of the San Luis Ranch Project:
1.The certified San Luis Ranch Final Environmental Impact Report (FEIR), as well as the Final
Supplemental EIR were prepared in accordance with the California Environmental Quality Act
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 2 SPEC/ANNX/ER-1502-2015
(CEQA) and the State CEQA Guidelines, adequately addressing impacts associated with the
proposed project; and
2. The Revised San Luis Ranch Project is consistent with the requirements of the previously-
approved and certified San Luis Ranch FEIR, mitigation measures, and findings as articulated
through City Council Resolution No.10822 (2017 Series) dated July 18, 2017, as augmented by
the Final Supplemental EIR based on the attached Findings and Statement of Overriding
Considerations associated with the revised project, which were prepared consistent with CEQA
Guidelines Sections 15091 and 15093, as detailed below, and described more fully in the
attached “Findings of Fact and Statement of Overriding Considerations” document.
3. All potentially significant effects were analyzed adequately in the referenced certified FEIR
and Final SEIR, and reduced to the extent feasible, provided that all mitigation measures
included in the certified Final EIR are incorporated into the project and the mitigation monitoring
program, as modified or augmented through the Final SEIR, as described below.
SAN LUIS RANCH FINAL SEIR – ADDITIONAL OR MODIFIED MITIGATION
MEASURES
Except as noted below, all mitigation measures included in the certified FEIR would be applicable
to the revised project in their original form. All mitigation measures listed below are modified from
the certified Final EIR, and supersede those in the certified FEIR, with the exception of Mitigation
Measures T-11(a), T-11(b), and T-11(c), which are new mitigation measures unique to the SEIR.
Transportation Mitigation
T-1(a) Intersection #1: Madonna Road & Los Osos Valley Road.
• City optimize signal timing to accommodate increased project volumes
(ongoing by City)
T-1(b) Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
• Extend existing westbound left turn lane on Madonna Road to Dalidio
Drive/Prado Road to 310’ (Prior to Building Permits or Occupancy)
• Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio
Drive/Prado Road (Prior to Building Permits or Occupancy)
• Install eastbound 250’ right turn pocket on Madonna Road to Dalidio
Drive/Prado Road (Prior to Building Permits or Occupancy)
• Install 2nd northbound left shared with through-lane on Prado
Road/Dalidio Drive to Madonna Road (Prior to Building Permits or
Occupancy)
• Prohibit westbound U-turns on Madonna Road (Prior to Building Permits
or Occupancy)
• Provide split phase operations & optimize signal timing (Prior to
Building Permits or Occupancy)
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 3 SPEC/ANNX/ER-1502-2015
T-1(c) Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and to
the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
T-1(d) Intersection #8: Higuera Street & South Street.
• Optimize Signal Timing (ongoing by City)
T-1(e) Intersection #9: Los Osos Valley Road & Froom Ranch Way.
• Install dedicated 230’ right turn lane on northbound Froom Ranch Way
approach to Los Osos Valley Road (with Froom Ranch Way bridge
construction)
• Extend right turn lane on southbound Froom Ranch Way approach to Los
Osos Valley Road to 110’ (with Froom Ranch Way bridge construction)
• Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
T-1(f) Intersection #10: Los Osos Valley Road & Auto Park Way.
• Pay Fair Share Impact fees for Signalization (Prior to Building Permits or
Occupancy)
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-1(g) Intersection #16: S. Higuera Street & Tank Farm Road.
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and to
the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
• Extend northbound right turn pocket to 230’ and channelize movement (Prior to
Building Permits or Occupancy)
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 4 SPEC/ANNX/ER-1502-2015
T-1(h) Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way.
• Install multilane roundabout control (when connection is constructed)
T-1(i) Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway.
• Install multilane roundabout control or restricted access (when connection is
constructed)
T-2(a) Intersection #1: Madonna Road & Los Osos Valley Road.
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement). Develop a Travel
Demand Management Plan consistent with section 2.4.3 and to the satisfaction of
the Public Works Director (Prior to Building Permits or Occupancy)
T-2(b) Intersection #2: Madonna Road & Oceanaire Drive.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(c) Intersection #5: Madonna Road & U.S. 101 S.B Ramps.
• Extend northbound Madonna Road left turn lane to 150’ (Prior to
Building Permits or Occupancy)
T-2(d) Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(e) Intersection #7: Madonna Road & Higuera Street.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(f) Intersection #9: Los Osos Valley Road & Froom Ranch Way.
• Install dedicated 230’ right turn lane on Los Osos Valley Road approach
to northbound Froom Ranch Way (with Froom Ranch Way bridge
construction)
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 5 SPEC/ANNX/ER-1502-2015
• Extend right turn lane on Los Osos Valley Road approach to southbound
Froom Ranch Way to 110’ (with Froom Ranch Way Bridge construction)
• Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
T-2(g) Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
• Extend off-ramp left turn pocket to 320’ (Prior to Building Permits or
Occupancy)
T-2(h) Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement). Develop a Travel
Demand Management Plan consistent with section 2.4.3 and to the satisfaction
of the Public Works Director (Prior to Building Permits or Occupancy)
T-2(i) Intersection #14: Los Osos Valley Road & Higuera Street.
• Extend eastbound right turn lane to 180’ or as far a practical (Prior to Building
Permits or Occupancy)
T-2(j) Intersection #18: Prado Road & Higuera Street.
• Install 2nd U.S. 101 northbound left turn lane (Prior to Building Permits or
Occupancy)
• Extend westbound right turn pocket to 400’ (Prior to Building Permits or
Occupancy)
T-3(a) Segments #1 - #6: Madonna Road (Los Osos Valley Road to Higuera
Street)
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and
to the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
• As part of the TDMP, fund operations and financial assessment/assistance of
decreasing transit headways to 25 minutes (Prior to Building Permits or
Occupancy)
• Construct parallel Class I multiuse path on Madonna between Hwy 101 and
Oceanaire) and Class III Sharrows on Madonna Frontage Road Between
Oceanaire and Los Osos Valley Road (Prior to Building Permits or Occupancy)
T-3(b) Segments #7 - #8: Higuera Street (Madonna Road to Prado Road)
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 6 SPEC/ANNX/ER-1502-2015
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement). Develop a Travel
Demand Management Plan consistent with section 2.4.3 and to the satisfaction
of the Public Works Director (Prior to Building Permits or Occupancy)
• Pay Fair Share Costs for Construction of Class I Path Parallel to Higuera as
identified in City’s Bicycle Transportation Plan (Prior to Building Permits or
Occupancy)
T-3(c) Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera
Street)
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement). Develop a Travel
Demand Management Plan consistent with section 2.4.3 and to the satisfaction
of the Public Works Director (Prior to Building Permits or Occupancy)
• Pay Fair Share Costs for Construction of Class I Path Parallel to Los Osos
Valley Road as identified in City’s Bicycle Transportation Plan (Prior to
Building Permits or Occupancy)
T-3(d) Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to
Higuera Street)
• Construct parallel Class I multiuse paths (Concurrent with
Construction/Widening of Prado Road along project frontages)
T-5 Froom Ranch Way Bridge Timing
• The Froom Ranch Way bridge connection shall be completed prior to any
residential or non-residential building permits or occupancy permits.
T-11(a)Northbound U.S. 101 Prado Road Off Ramp
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB (Timing & Amount of Fair Share Payments as established
in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and
to the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
T-11(b)Northbound U.S. 101 North of Prado Road
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and
to the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
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Resolution No. ______ (2018 Series) Revised San Luis Ranch Specific Plan Project
Page 7 SPEC/ANNX/ER-1502-2015
T-11(c)Northbound U.S. 101 North of Madonna Road
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with Section 2.4.3 [as
described below] and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
The key components of a Travel Demand Management Plan would include the
following:
Non-Residential Trip Reduction Program
Non- Residential trip reduction programs shall be targeted primarily at
employees since their travel behavior is easier to influence than
customers. A separate customized trip reduction should be developed for
each non-residential use to maximize effectiveness and include but not
be limited to the following.
• A travel demand coordinator that will implement and monitor the
program. The travel demand coordinator will be responsible for
preparing quarterly reports to the City and working with
employees to minimize automobile travel.
• Participation in SLO Regional Rideshare’s Commute Survey and
Trip Reduction Plan program. This program is provided at no
cost to the employer and results in a Trip Reduction Plan
prepared by Rideshare staff.
• Create an on-site bike share program open to employees and
residents of the project. Monitor usage and supply bicycles as
needed to accommodate demand.
• Provide close-in parking reserved for carpools and vanpools.
• Provide transit pass subsidies to employees.
• Provide on-site bike lockers and showers, on-site bicycle repair
station, and secured bicycle parking.
• Work with Fun Ride and/or Zip Car to provide permanent car
sharing parking spot(s) on site.
Residential Trip Reduction Program
• Consider unbundled parking spaces from multi-family residential
units. This enables households that do not use parking spaces to
save on housing costs. Offer reserved parking spaces for lease or
sale to households who need them. Monitor and adjust the
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program as needed to ensure there is no parking spillover into
nearby areas.
• Create a bus pass subsidy program and/or shuttle bus to reduce
vehicle trips.
• Consider operations and financial assessment/assistance of
decreasing transit headways to 25 minutes.
• Provide bicycles as part of the home purchase.
AQ-2(a) Fugitive Dust Control Measures. Construction projects shall
implement the following dust control measures so as to reduce PM10
emissions in accordance with SLOAPCD requirements.
• Reduce the amount of the disturbed area where possible;
• Water trucks or sprinkler systems shall be used during construction in
sufficient quantities to prevent airborne dust from leaving the site. Increased
watering frequency shall be required whenever wind speeds exceed 15 mph.
Reclaimed (non-potable) water or a SLOAPCD-approved dust suppressant
shall be used whenever possible, to reduce the amount of potable water used
for dust control. Please note that since water use is a concern due to drought
conditions, the contractor or builder shall consider the use of an APCD-
approved dust suppressant where feasible to reduce the amount of water
used for dust control;
SECTION 2. Addendum to Final EIR. The City Council does hereby approve the
Addendum to the Final Environmental Impact Report for the San Luis Ranch project based on the
following findings:
1. Subsequent to the approval of the San Luis Ranch project in July 2017, the City conducted
additional analysis of traffic operations along the U.S. Highway 101 corridor in the vicinity
of Prado Road as part of on-going work for the US 101/ Prado Road Interchange Project.
The Study Report-Project Development Support (PSR-PDS) approved by Caltrans in April
2018 and the Project Approval – Environmental Determination (PAED) for the interchange
is currently underway. This Addendum incorporates the additional analysis for inclusion in
the administrative record.
2. That the Addendum was prepared for the Project in compliance with the requirements of
CEQA and the CEQA Guidelines.
3. That, based upon the evidence submitted and as demonstrated by the analysis included in the
Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA
Guidelines calling for the preparation of a subsequent or supplemental EIR or negative
declaration have occurred.
4. In connection with the Proposed Project and this City Council’s review of the Addendum,
this City Council has independently reviewed all of the CEQA Documents and has exercised
its independent judgment in making the findings and determinations set forth herein.
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SECTION 3. Specific Plan Amendment Approval with Findings & Conditions. The
City Council does hereby approve application SPEC/ANNX/ER-1502-2015, a Specific Plan
Amendment to the adopted San Luis Ranch Specific Plan that would modify the previously-adopted
phasing plan that allows up to 580 dwelling units, including an 80-unit density bonus consistent
with City requirements, based on the following findings, and subject to the conditions of approval
incorporated into the Vesting Tentative Tract Map by the City Council when it approved the project
on July 18, 2017, as modified below:
A. Findings:
1. The project area was identified as one of three Specific Plan areas designated for development
when the General Plan Land Use and Circulation Elements update were adopted by the City
Council in December 2014. The San Luis Ranch Specific Plan was prepared to implement this
aspect of the General Plan.
2. The previously-approved San Luis Ranch Specific Plan is consistent with policy direction for
the area included in the General Plan, specifically Land Use Element Policy 8.1.4, which
identifies the San Luis Ranch area as a Special Focus Area (SP -2), subject to policies for the
development of a specific plan and certain broad development parameters and principles. The
Specific Plan is also consistent with all other applicable General Plan policies, as described in
the July 18, 2017, staff report to the City Council, and as discussed further within the Final EIR.
3. The previously-approved General Plan Amendment/Pre-Zoning allows the implementation of
the San Luis Ranch Specific Plan by:
• Updating the City’s Land Use Map to reflect the development pattern included in the
Specific Plan;
• Updating the City’s Circulation Map to reflect the circulation system included in the
Specific Plan;
• Updating the relevant portions of the General Plan to update statistical data related to land
use acreage and long-term buildout potential; and
• Providing the pre-zoning information needed for LAFCo to consider annexation of the
site to the City, which is a prerequisite for allowing development on the site under the
City’s General Plan.
4. As conditioned, the design of the previously-approved Vesting Tentative Tract Map is
consistent with the General Plan because it is consistent with the San Luis Ranch Specific Plan,
it respects existing environmental site constraints, will add to the City’s residential housing
inventory, allow for appropriate non-residential development, and provides needed
infrastructure and roadway improvements identified in the City’s General Plan.
5. The previously-approved Specific Plan project was reviewed by various City advisory bodies,
including the Architectural Review Commission, Bicycle Advisory Committee, Parks and
Recreation Commission, and Cultural Heritage Committee, and incorporates input consistent
with their direction.
6. The revised project will result in an identical buildout and land use pattern as the previously -
approved project, with the key difference being that the phasing and order of development
would be modified.
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7. The Airport Land Use Commission found both the previously-approved and revised Specific
Plan project to be consistent with the adopted Airport Land Use Plan.
8. Development under the Revised San Luis Ranch Project will occur consistent with the Vesting
Tentative Tract Map and the required architectural review process, which will allow for
detailed review of development plans to assure compliance with City plans, policies, and
standards.
9. The Revised San Luis Ranch Project will provide affordable housing consistent with the intent
of California Government Code §65915, and in compliance with City policies and the Housing
Element.
10. The Revised San Luis Ranch Project will comply with all environmental mitigation measures
prescribed in the certified Final EIR, as modified through the Supplemental Final EIR, and
therefore is consistent with the California Environmental Quality Act, as implemented through
the San Luis Ranch Final EIR.
B. Modified Vesting Tentative Tract Map Conditions:
All previously-required conditions applicable to the Vesting Tentative Tract Map would still apply
to the Revised San Luis Ranch Project, except for Condition 6, which would no longer be required,
and would be superseded by updated mitigation measures and provisions within the Development
Agreement that relate to the timing of the Prado Road interchange. In addition, Conditions 7, 9, 10,
14, 20, 22 and 112 will be slightly modified to address the fact that the overall phasing concept has
been changed. In each case, these changes would not materially affect the intent of the condition,
but instead would make them more implementable in the context of the Development Agreement.
The changes to these conditions are shown below with strikeout and underlined text to show deleted
or new text.
No additional conditions are required.
6. Project construction and infrastructure shall be completed in the sequential phase order as
evaluated in the San Luis Ranch Final EIR, or as agreed to between the City and Developer.
If phasing is modified amendments to the Specific Plan and EIR maybe required.
7. Prado Road Interchange. As part of, or prior to, recordation of the final map the subdivider
shall submit an irrevocable offer to dedicate to the City property necessary to construct the
Prado Road Overcrossing and Southbound U.S. 101 Ramps Improvements (“the
Improvements”), and all appurtenances to the satisfaction of the Public Works Director.
a. Approval of this map is contingent upon the effectiveness of an ordinance approving a
development agreement for the project providing mechanism(s) to fund construction and
maintenance of the Improvements (“Funding Mechanism”).
b. The Development Agreement required by condition 6(a) shall waive the rights of the
applicant, and any future successors in interest to the applicant in the property to oppose
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establishment of one or more Funding Mechanisms described in the Development
Agreement or the imposing of any tax, assessment, fee or charge with respect to such a
Funding Mechanism. In the event that voters or property owners dissolve a Funding
Mechanism, a Homeowners Association will be obliged to fund any and all costs for
infrastructure and/or services that the Funding Mechanism would otherwise have funded.
CC&Rs establishing such a Homeowners Association shall be submitted for the
reasonable approval of the City Attorney and recorded before any building permit may
issue for the improvement of the Project.
c. Overcrossing and NB Ramp Improvements Fee Payment. The Funding Mechanism
identified in 7(b) shall be adopted as established in the Development Agreement for this
project before occupancy of Phase 2. The subdivider shall pay its fair share mitigation
fees for the Prado Rd. Overcrossing and Northbound U.S. 101 Ramps Improvements as
established in the Development Agreement for this project prior to the issuance of a
building permit for Phase 2.
d. SB Ramp Improvements Fee Payments. Fair share fees, for the remainder of
improvements, not included in the initial Interchange construction, (future South Bound
Ramps of the Prado Rd. Interchange and all appurtenances) shall be collected prior to
issuance of building permits issued consistent with the provisions of the Development
Agreement for each phase.
9. Enhanced Madonna Pedestrian/Bicycle Crossings. Unless otherwise approved by the Public
Works Director; prior to issuance of building permits for the initial phase of residential
development phase 1 the subdivider shall upgrade the pedestrian crossing at Madonna and
Oceanaire to include curb extensions and a pedestrian refuge island with push button signal
activation. Space for Curb extensions and refuge island should be accommodated by
removing frontage street parking.
Unless otherwise approved by the Public Works Director; prior to issuance of building
permits for the residential multi-family (NG-30) component Phase 3 the subdivider shall
construct a “hawk” pedestrian signal and crossing at the intersection of Dogwood and
Madonna interconnected with the adjacent traffic signals.
10. Dalidio/Prado & Froom a multilane roundabout shall be constructed by the subdivider at the
intersection of Dalidio/Prado & Froom Ranch Way prior to the issuance of building permits.
An interim single lane roundabout is permitted consistent with the provisions of the
Development Agreement for this project prior to issuance of building permits for Phase 2.
Prior to recordation of the final map the applicant shall complete the design of the multilane
roundabout and exhaust all feasible efforts to acquire the necessary off-site dedications,
easements, and agreements for construction all to the satisfaction of the Public Works
Director. If the Developer cannot acquire the necessary land interests to implement this
mitigation measure, the Public Works Director may authorize the Developer in writi ng to
modify the alignment and design of the roundabout such that off-site property interests are
not necessary. The Final map shall reflect lot adjustments resulting from final roundabout
design.
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Interim all-way stop control as shown in the proposed vesting tentative map or signalization
is not approved.
14. Froom Ranch Widening. Design and construction of Froom Ranch widening to its final cross
section from its existing northern terminus to the LOVR frontage road intersection of Froom
and Los Osos Valley Road including a continuous Class I Multiuse path along the N/W side
and a HAWK signal at the Oceanaire Drive crossing shall be completed prior to issuance of
building permits for Phase 1 unless otherwise deferred by the Community and Public Works
Department Directors. The cross section shall at a minimum include: 12’ class I multi -use
path with two 2’ shoulders, two 6.5’ bicycle lanes, two 11’ travel lanes and a 10’ landscaped
median.
20. As specified in the Development Agreement, Prior to beginning each phase, the subdivider
shall pay its fair share mitigation costs proportional to each phase for the intersection
improvements as prescribed in the project EIR (see Table 123 of Appendix L -Traffic Impact
Study).
22. The final map shall be revised to include a standard “knuckle” design at the intersection of
San Luis Ranch Road and Haystack Place. The knuckle will include emergency access and
pedestrian and bicycle access to the proposed Ped/Bike Bridge and the residential multi-
family (NG-30) component Phase 3.
112. Agricultural Heritage Facility and Learning Center: Prior to issuance of building permits
for the residential multi-family (NG-30) component Phase 3, the proposed relocation and
rehabilitation/reconstruction of buildings at the Agricultural Herita ge Facility and Learning
Center shall be completed in conformance with Mitigation Measure CR-1(a). Prior to grading
or commencement of any construction activities for infrastructure or building construction, a
security and protection plan shall be submitted and approved to the satisfaction of the
Community Development Director. The plan shall detail methods to prevent trespassing and
prevent removal of any building materials. The plan shall continue to remain in active
implementation prior to development of the residential multi-family (NG-30) component
through Phases 1 & 2, and prior to the relocation action.
Upon motion of _______________________, seconded by _______________________, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
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The foregoing resolution was adopted this 17th day of July 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
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SECTION 1. ENVIRONMENTAL DETERMINATION
The City Council of the City of San Luis Obispo considers and relies on the Final Supplemental
Environmental Impact Report (Final SEIR; State Clearinghouse Number 2015101083) for the San
Luis Ranch Specific Plan in determining to carry out the Specific Plan Amendment and Development
Agreement (“Revised San Luis Ranch Specific Plan Project” or “Revised Project”). The Final SEIR
consists of the Draft SEIR, responses to comments on the Draft SEIR, a list of persons and agencies
commenting on the Draft SEIR, a Mitigation Monitoring and Reporting Program, and technical
appendices. It also incorporates by reference the CEQA Findings of Fact an d Statement of
Overriding Considerations adopted for the originally approved San Luis Ranch Specific Plan
(“Original Project” or “Approved Project”) on July 18, 2017, which were based on the Final EIR
prepared for Original Project and certified on July 18, 2017. Except where noted below, the
originally adopted CEQA Findings are fully applicable to the Revised Project. The City Council has
received, reviewed, considered, and relied on the information contained in the Final EIR, as well as
information provided at hearings and submissions of testimony from official participating agencies,
the public, and other agencies and organizations.
Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section
21081 of the Public Resources Code require a lead agency to adopt findings for each significant
environmental impact disclosed in an EIR. Specifically, for each significant impact, the lead agency
must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the mitigation measures or
project alternatives identified in the Final EIR infeasible.
The California Code of Regulations, Title 14, Section 15091(b) requires that the City’s findings be
supported by substantial evidence in the record. Accordingly, the Lead Agency’s record consists of
the following, which are located at the City Community Development Department office, San Luis
Obispo, California:
• Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the Original
San Luis Ranch Project.
• The City of San Luis Obispo San Luis Ranch Project Final Environmental Impact Report
(certified July 18, 2017).
• Documentary and oral evidence, testimony and staff comments and responses received and
reviewed by the Lead Agency during public review and the public hearings on the Revised
San Luis Ranch Project.
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• The City of San Luis Obispo San Luis Ranch Project Final Supplemental Environmental
Impact Report (June 2018).
In addition to making a finding for each significant impact, if the lead agency approves a project
without mitigating all of the significant impacts, it must prepare a statement of overri ding
considerations, in which it balances the benefits of the project against the unavoidable environmental
risks. The statement of overriding considerations must explain the social, economic, or other reasons
for approving the project despite its environmental impacts (14 CCR 15093, Pub. Res. Code 21081).
This document contains the findings and statement of overriding considerations for the approval of
the Revised San Luis Ranch Specific Plan Project and reflects the City’s independent judgment. This
document incorporates by reference the Final SEIR. The SEIR, Specific Plan as amended,
Development Agreement, and other portions of the administrative record are available for review at:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
Contact: Tyler Corey
(805) 781-7169
Having received, reviewed and considered the foregoing information, as well as any and all
information in the record, the City Council of the City of San Luis Obispo hereby makes these
Findings pursuant to, and in accordance with, Section 21081 of the Public Resources Code.
SECTION 2. PROJECT DESCRIPTION
A. PROJECT OBJECTIVES
As required by the City General Plan, the adopted San Luis Ranch Specific Plan contains policies
and standards that will facilitate appropriate development of land, protection of open space, and
provision of adequate public facilities. The adopted Specific Plan is more detailed than the General
Plan but less precise than subdivision maps or construction plans. The overall objective of the
Revised Project is to update the adopted Specific Plan for the San Luis Ranch project site, pursuant
to the City General Plan. The City’s objectives for the Revised San Luis Ranch Specific Plan are the
same as for the adopted Specific Plan, and include:
1. Provide infill growth for the City that is anticipated and desired by City planning decisions
and guidelines;
2. Preserve agricultural land and open space on site, maintain agricultural views from U.S.
101;
3. Create significant entry-level, workforce housing opportunities within the City that is
specifically “affordable by design;”
4. Implement a walkable-bikeable neighborhood design that is integrated with public transit
access and open space amenities that encourage alternative modes of transportation;
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5. Create new commercial, office and hotel opportunities that will accommodate and
complement existing businesses in downtown San Luis Obispo;
6. Develop an Agriculture Heritage Facilities & Learning Center offering seasonal attractions
and local goods that promote the region’s agricultural richness;
7. Establish an important link in the Bob Jones Regional Trail;
8. Provide fair-share financial contribution towards important public circulation
improvements.
B. PROPOSED PROJECT
• Original Project (Adopted Specific Plan). As summarized in the certified Final EIR,
the adopted San Luis Ranch Project consists of a Specific Plan, General Plan Amendment and Pre -
Zone, Development Agreement/Memorandum of Understanding, and Development Plan/Vesting
Tentative Tract Map for a 131-acre project site, including annexation of the site into the City of San
Luis Obispo. The site is located in unincorporated San Luis Obispo County, generally between
Madonna Road and U.S. Highway 101, south of Dalidio Drive, and is identified by assessor’s parcel
number (APN) 067-121-022. The project is intended to be consistent with the development
parameters described in the City’s General Plan Land Use and Circulation Elements, which were
updated in December 2014. The project includes a mixture of residential, commercial, office, and
hotel uses, with approximately 53 acres of the site preserved for agriculture and approximately 7.4
acres preserved for open space uses. The project includes construction of up to 580 residential units,
150,000 square feet of commercial development, 100,000 square feet of office development, and a
200-room hotel.
The City Council unanimously certified the Final EIR and approved the project with minor
modifications on July 18, 2017, pursuant to City Council Resolution No. 10822 (2017 Series). These
minor modifications were found to be consistent with the analysis included in the certified Final EIR,
and thus covered under that document.
• Revised Project (Specific Plan Amendment). After further investigation the applicant
found that the required fixed sequential phasing of development and timing requirements associated
Prado Road Interchange project creates constraints on financing options, which potentially renders
the development project infeasible. In order to address financing constraints, the project applicant
proposes to modify the previously approved project by adjusting the phasing plan description such
that each of the project phases could overlap, be out of sequence, or be concurrent, depending on
market conditions and to adjust project conditions and/or mitigation measures to implement such
adjusted phasing plan, including:
(i) Removing phase numbering from mitigation measures T-1, T-2, & T-3;
(ii) Removing condition of approval #6 “Project construction and infrastructure shall be
completed in the sequential phase order as evaluated in the San Luis Ranch EIR...”;
and
(iii) Revising the mitigation measure monitoring program such that construction of the
Prado Road Overpass and Northbound Ramp is not a requirement prior to occupancy
of Phase 2 or any other project Phase.
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• The Prado Overpass and Northbound Ramps project is a joint City and Caltrans effort
currently on schedule to begin construction in 2021. The proposed change in the San Luis Ranch
project description does not affect the interchange sSchedule or the project’s requirement to dedicate
the necessary right-of-way and pay its fair share.
In addition, the revised project includes an amendment to the Specific Plan to permit the Community
Development Director to authorize the developer, in any given year, to also construct 50% of the
units allocated to the project in the following year if the Director determines that doing so is necessary
to facilitate construction of beneficial public facilities and infrastructure. The purpose of this
authorization is to realize the public benefits associated with the project, mitigate known potential
impacts resulting from the project, and implement development requirements, including
infrastructure requirements, which the City has found to be consistent with, and not a waiver of, t he
requirements of the City’s Growth Management Ordinance.
These changes would be reflected in the Specific Plan and Development Agreement. No other
approved entitlements would be affected. The proposed revision envisions no change to the land use
plan or development potential compared to what was approved by the City on July 18, 2017.
• These project elements are further described in the Final SEIR, specifically Section 1.3,
Proposed Changes to the Approved Project.
SECTION 3. SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT
A. BACKGROUND
The City Council unanimously certified a Final EIR and approved the Original Project on July 18,
2017, pursuant to City Council Resolution No. 10822 (2017 Series). A Notice of Determination
(NOD) was prepared, and there were no legal challenges to the adequacy of the Final EIR during the
30-day statute of limitations associated with the NOD, pursuant to CEQA (PRC Section 21167 and
CEQA Guidelines Section 15094).
The proposed modification to the approved project would only affect the phasing and development
schedule, not the land use pattern or ultimate buildout potential of the project. Nevertheless, this
change requires a Specific Plan Amendment, which is a “discretionary” action that is subject to
CEQA. A Supplement to the Final EIR (or “Supplemental EIR”) was determined to be the
appropriate approach to CEQA compliance pursuant to CEQA Guidelines Section 15163, focusing
on only those issues where potential impacts could be different, or the analysis changed, from what
was included in the certified Final EIR. A Supplemental EIR tiers from the original Final EIR and is
appropriate when only minor changes to an approved project are contemplated.
Section 1.0 of the Final SEIR describes the full legal basis for this determination.
The SEIR serves as an informational document for the public and City of San Luis Obispo decision-
makers. Based on a Planning Commission recommendation, the process will culminate with a City
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Council hearing to consider certification of a Final SEIR as well as the applicant’s requested
modifications to the previously-approved project.
B. IMPACT ANALYSIS
Three categories of impacts are identified in both the certified Final EIR and the Final SEIR:
Class I Class I impacts are significant and unavoidable. To approve a project resulting in
Class I impacts, the CEQA Guidelines require decision makers to make findings of
overriding consideration that “specific legal, technological, economic, social, or other
considerations make infeasible the mitigation measures or alternatives identified in
the EIR.”
Class II Class II impacts are significant but can be mitigated to a level of insignificance by
measures identified in the Final EIR. When approving a project with Class II impacts,
the decision makers must make findings that changes or alternatives to the project
have been incorporated that reduce the impacts to a less than significant level.
Class III Class III impacts are adverse but not significant.
SECTION 4. FINDINGS FOR LESS THAN SIGNIFICANT ENVIRONMENTAL EFFECTS
OF THE PROPOSED PROJECT
The findings below are for Class III impacts. Class III impacts are adverse but not significant.
Modified from those included in the Final EIR and related CEQA Findings, the City Council has
concluded that the following effects are adverse but not significant, as described in the Final SEIR.
G. LAND USE
2. Impact LU-5: The Revised Project would remove fixed sequential phasing, so it is possible that
development could occur more quickly that under the originally approved Specific Plan. The
proposed phasing concept would allow for managed growth pursuant to the San Luis Ranch
Specific Plan. In addition, the overall buildout capacity of the Specific Plan is consistent with
General Plan growth limitations pursuant to Land Use Element Policy 8.1.4, which directs future
development within the San Luis Ranch area. For reasons described on pages 2.3-4 through 2.3-
10 of the Final SEIR, the Revised Project would be consistent with adopted City policies in the
General Plan and Zoning Regulations related to growth management. (Refer to pages 2.3 -4
through 2.3-10 of the Final SEIR.)
a. Mitigation: None
b. Finding: The City finds that the impact is less than significant.
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SECTION 5. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE
PROPOSED PROJECT THAT HAVE BEEN MITIGATED TO A LESS THAN
SIGNIFICANT LEVEL
Class II impacts are significant but can be mitigated to a level of insignificance by measures
identified in the EIR. When approving a project with Class II impacts, the decision-makers must
make findings that changes or alterations to the project have been incorporated that reduce the
impacts to a less than significant level.
This section presents the project’s significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the mitigation measures or
project alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be fully avoided or reduced to a less-than-significant level through
the incorporation of feasible mitigation measures i nto the project, as identified in the Final EIR and
Final SEIR. The impacts identified in this section are considered in the same sequence in which they
appear in the Final SEIR.
Modified from those included in the Final EIR and related CEQA Findings, the City Council has
concluded that the following effects are significant but mitigable to a less than significant level, as
described in the Final SEIR. No new impacts have been identified.
B. AIR QUALITY
1. Impact AQ-2: Construction of the project would generate temporary increases in localized air
pollutant emissions. Construction emissions of ROG, NOX, and DPM would exceed SLOAPCD
construction thresholds. However, with implementation of Mitigation Measures AQ-2(a) through
AG-2(e) as included in the SEIR, which require fugitive dust control measures, standard control
measures for construction equipment, Best Available Control Technology (BACT) for
construction equipment, low or no VOC-emission paint for architectural coatings, and
preparation of a Construction Activity Management Plan (CAMP), this impact would be reduced
to a less than significant level. (Refer to pages 2.1-4 through 2.1-11 of the Final SEIR; impact
and mitigation is not new, but Mitigation Measure AQ-2(a) is modified from Final EIR.)
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a. Mitigation: The following mitigation measures are required to reduce construction emissions
of ROG, NOX, DPM, and fugitive dust.
— Mitigation Measure AQ-2(a) Fugitive Dust Control Measures. Construction projects
shall implement the following dust control measures so as to reduce PM10 emissions in
accordance with SLOAPCD requirements.
• Reduce the amount of the disturbed area where possible;
• Water trucks or sprinkler systems shall be used during construction in sufficient
quantities to prevent airborne dust from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)
water or a SLOAPCD-approved dust suppressant shall be used whenever possible, to
reduce the amount of potable water used for dust control. Please note that since water
use is a concern due to drought conditions, the contractor or builder shall consider the
use of an APCD-approved dust suppressant where feasible to reduce the amount of
water used for dust control;
• All dirt stock pile areas shall be sprayed daily as needed;
• Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of
any soil disturbing activities;
• Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive grass seed
and watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the
SLOAPCD;
• All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible after grading unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with California Vehicle Code Section 23114;
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site;
• Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible;
• All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
• The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20 percent opacity, and to
prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone number of such
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persons shall be provided to the SLOAPCD Compliance Division prior to the start of
any grading, earthwork or demolition.
— Mitigation Measure AQ-2(b) Standard Control Measures for Construction Equipment.
The following standard air quality mitigation measures shall be implemented during
construction activities at the project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for sue off-road);
• Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner
off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or
NOX exempt area fleets) may be eligible by proving alternative compliance;
• On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and
licensed for operation on highways. It applies to California and non-California based
vehicles. In general, the regulation specifies that drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine for greater than 5-
minutes at any location, except as noted in Subsection (d) of the
regulation; and,
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power
a heater, air conditioner, or any ancillary equipment on that vehicle
during sleeping or resting in a sleeper berth for greater than 5.0 minutes
at any location when within 1,000 feet of a restricted area, except as
noted in Subsection (d) of the regulation.
• Off-road diesel equipment shall comply with the 5-minute idling restriction identified
in Section 2449(d)(2) of the California Air Resources Board's In-Use Off-Road Diesel
regulation.
• Signs shall be posted in the designated queuing areas and or job sites to remind drivers
and operators of the 5 minute idling limit;
• In addition to the state required diesel idling requirements, the project applicant shall
comply with these more restrictive requirements to minimize impacts to nearby
sensitive receptors:
1. Signs that specify the no idling areas shall be posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
3. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
4. Use of alternative fueled equipment is recommended;
• Electrify equipment when feasible;
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• Substitute gasoline-powered in place of diesel-powered equipment, where feasible;
and
• Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
— Mitigation Measure AQ-2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-fueled construction equipment
shall be implemented during construction activities at the project site, where feasible:
• Further reducing emissions by expanding use of Tier 3 and Tier 4 off -road and 2010
on-road compliant engines where feasible;
• Repowering equipment with the cleanest engines available; and
• Installing California Verified Diesel Emission Control Strategies, such as level 2
diesel particulate filters. These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
— Mitigation Measure AQ-2(d) Architectural Coating. To reduce ROG and NOX levels
during the architectural coating phase, low or no VOC-emission paint shall be used with
levels of 50 g/L or less.
— Mitigation Measure AQ-2(e) Construction Activity Management Plan. Emissions
reduction measures and construction practices required to comply with Mitigation
Measures AQ-2(a) through AQ-2(d) shall be documented in a Construction Activity
Management Plan (CAMP) and submitted to SLOAPCD for review and approval at least
three months before the start of construction. The CAMP shall include a Dust Control
Management Plan, tabulation of on and off-road construction equipment (age, horse-
power and miles and/or hours of operation), construction truck trip schedule, construction
work-day period, and construction phasing. If implementation of the Standard Mitigation
and Best Available Control Technology measures cannot bring the project below the Tier
1 threshold (2.5 tons of NOX+ROG per quarter), off-site mitigation shall be implemented
in coordination with SLOAPCD to reduce NOX and ROG emissions to below the Tier 1
threshold.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into,
the project to avoid or lessen to a less than significant level the significant environmental
effects identified in the Final SEIR.
K. TRANSPORTATION
1. Impact T-5: The timing of construction of the proposed Froom Ranch Way bridge would result
in significant level of service and queuing impacts at study area intersections and roadway
segments. Mitigation Measure T-5, Froom Ranch Way Bridge Timing, would ensure that LOS
and queuing impacts associated with the project’s proposed infrastructure phasing would be less
than significant after mitigation. (Refer to pages 2.4-9 and 2.4-16 of the Final SEIR.)
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a. Mitigation: The following mitigation is required to reduce potentially significant LOS and
queuing impacts that would result from the project’s proposed infrastructure phasing.
— Mitigation Measure T-5 Froom Ranch Way Bridge Timing. The Froom Ranch Way
bridge connection shall be completed prior to any residential or non-residential building
permits or occupancy permits.
b. Finding: The City finds that changes or alterations have been required in, or incorporated into,
the project to avoid or lessen to a less than significant level the significant environmental
effects identified in the Final EIR.
SECTION 6. SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL EFFECTS OF THE
PROPOSED PROJECT FOR WHICH SUFFICIENT MITIGATION IS NOT AVAILABLE
Class I impacts are significant and unavoidable. To approve a project resulting in Class I impacts,
the CEQA Guidelines require decision makers to make findings of overriding consideration that "...
specific legal, technological, economic, social, or other considerations make infeasible the
mitigation measures or alternatives identified in the EIR...".
This section presents the project’s significant environmental impacts and feasible mitigation
measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR])
and Section 21081 of the Public Resources Code require a lead agency to make findings for each
significant environmental impact disclosed in an EIR. Specifically, for each significant impact, the
lead agency must find that:
• Changes or alterations have been required in, or incorporated into, the project to avoid or
substantially lessen the significant environmental effects identified in the Final EIR;
• Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by that agency; or
• Specific economic, social, legal, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the mitigation measures or
project alternatives identified in the Final EIR infeasible.
Each of these findings must be supported by substantial evidence in the administrative record. This
section identifies impacts that can be reduced, but not to a less -than-significant level, through the
incorporation of feasible mitigation measures into the project, and which therefore, remain significant
and unavoidable, as identified in the Final EIR and Final SEIR. The impacts identified in this section
are considered in the same sequence in which they appear in the SEIR. Where adoption of feasible
mitigation measures is not effective in avoiding an impact or reducing it to a less -than-significant
level, the feasibility of adopting alternatives to the proposed project is considered in Section 7 of this
document.
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Modified from those included in the Final EIR and related CEQA Findings, the City Council has
concluded that the following effects are significant and unavoidable, and cannot be mitigated to a
less than significant level, as described in the Final SEIR. One additional significant and unavoidable
impact not identified in the Final EIR is also described below.
E. TRANSPORTATION
1. Impact T-1: Under Existing and Near-Term Plus Project conditions 9 study area intersections
would operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted
multimodal level of service standards during AM and PM peak hours. Of these 9 intersections,
impacts to Madonna Road & U.S. 101 SB, Los Osos Valley Road & Auto Park Way, and Higuera
& Tank Farm would be temporary until the Prado Road Overpass & NB Ramps are constructed.
Although temporary, the impact at these three locations would be Class I, significant and
unavoidable.
a. Mitigation: Mitigation Measures T-1(a) through T-1(i) identify improvements at study area
facilities that are required to reduce potentially significant project-specific impacts at study
area intersections under Existing and Near-Term Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements, or
development agreements, based on City requirements. Implementation of Mitigation
Measures T-1(a) through T-1(i) would reduce impacts to multimodal level of service at study
area intersections under Existing and Near-Term Plus Project conditions to a feasible extent.
T-1(a) Intersection #1: Madonna Road & Los Osos Valley Road.
• City optimize signal timing to accommodate increased project volumes
(ongoing by City)
T-1(b) Intersection #3: Madonna Road & Dalidio Drive/Prado Road.
• Extend existing westbound left turn lane on Madonna Road to Dalidio
Drive/Prado Road to 310’ (Prior to Building Permits or Occupancy)
• Install 2nd westbound 310’ left turn lane on Madonna Road to Dalidio
Drive/Prado Road (Prior to Building Permits or Occupancy)
• Install eastbound 250’ right turn pocket on Madonna Road to Dalidio
Drive/Prado Road (Prior to Building Permits or Occupancy)
• Install 2nd northbound left shared with through-lane on Prado
Road/Dalidio Drive to Madonna Road (Prior to Building Permits or
Occupancy)
• Prohibit westbound U-turns on Madonna Road (Prior to Building
Permits or Occupancy)
• Provide split phase operations & optimize signal timing (Prior to
Building Permits or Occupancy)
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T-1(c) Intersection #5: Madonna Road & U.S. 101 Southbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the Prado
Road Overpass & NB Ramps (Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section 2.4.3 and
to the satisfaction of the Public Works Director (Prior to Building Permits or
Occupancy)
T-1(d) Intersection #8: Higuera Street & South Street.
• Optimize Signal Timing (ongoing by City)
T-1(e) Intersection #9: Los Osos Valley Road & Froom Ranch Way.
• Install dedicated 230’ right turn lane on northbound Froom Ranch Way
approach to Los Osos Valley Road (with Froom Ranch Way bridge
construction)
• Extend right turn lane on southbound Froom Ranch Way approach to
Los Osos Valley Road to 110’ (with Froom Ranch Way bridge
construction)
• Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
T-1(f) Intersection #10: Los Osos Valley Road & Auto Park Way.
• Pay Fair Share Impact fees for Signalization (Prior to Building Permits
or Occupancy)
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-1(g) Intersection #16: S. Higuera Street & Tank Farm Road.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
• Extend northbound right turn pocket to 230’ and channelize movement
(Prior to Building Permits or Occupancy)
T-1(h) Intersection #21: Prado Road/Dalidio Drive & Froom Ranch Way.
• Install multilane roundabout control (when connection is constructed)
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T-1(i) Intersection #25: Prado Road/Dalidio Drive & SC Project Driveway.
• Install multilane roundabout control or restricted access (when
connection is constructed)
b. Finding: While the mitigation measures identified in the Final SEIR are feasible, they
insufficient to reduce potential impacts to a less than significant level. Implementation of the
identified mitigation measures would improve LOS at six impacted intersections to
acceptable levels, so impacts on these facilities would be less than significant after mitigation.
However, impacts associated with multimodal level of service standards at three impacted
intersections (Madonna & U.S. 101 SB Ramp, Los Osos Valley Road & AutoPark Way, and
Higuera & Tank Farm) would remain significant and unavoidable. A statement of overriding
considerations for this impact is made in Section 8.
2. Impact T-2: Under Existing and Near-Term Plus Project conditions the volume of traffic at 19
study area intersections would exceed lane capacities. Of these 19 intersections, impacts to
Madonna & Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S. 101 NB, Madonna
& Higuera, and Los Osos Valley Road & U.S. 101 NB would be temporary until the Prado Road
Overpass & NB Ramps are constructed. Although temporary, the impact at these five locations
would be Class I, significant and unavoidable. (Refer to pages 2.4-9 and 2.4-12 through 2.4-14
of the Final SEIR.)
a. Mitigation: Mitigation Measures T-2(a) through T-2(j) identify improvements at study area
facilities that are required to reduce potentially significant project-specific impacts at study
area intersections under Existing and Near-Term Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements, or
development agreements, based on City requirements. Implementation of Mitigation
Measures T-2(a) through T-2(j) would reduce impacts associated with lane capacities
identified for Existing and Near-Term Plus Project conditions to a feasible extent.
T-2(a) Intersection #1: Madonna Road & Los Osos Valley Road.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(b) Intersection #2: Madonna Road & Oceanaire Drive.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
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2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(c) Intersection #5: Madonna Road & U.S. 101 S.B Ramps.
• Extend northbound Madonna Road left turn lane to 150’ (Prior to
Building Permits or Occupancy)
T-2(d) Intersection #6: Madonna Road & U.S. 101 Northbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(e) Intersection #7: Madonna Road & Higuera Street.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-2(f) Intersection #9: Los Osos Valley Road & Froom Ranch Way.
• Install dedicated 230’ right turn lane on Los Osos Valley Road approach
to northbound Froom Ranch Way (with Froom Ranch Way bridge
construction)
• Extend right turn lane on Los Osos Valley Road approach to southbound
Froom Ranch Way to 110’ (with Froom Ranch Way Bridge construction)
• Install 2nd southbound left turn lane on Froom Ranch Way approach to
eastbound Los Osos Valley Road (with Froom Ranch Way bridge
construction)
T-2(g) Intersection #12: Los Osos Valley Road & U.S. 101 Southbound Ramps.
• Extend off-ramp left turn pocket to 320’ (Prior to Building Permits or
Occupancy)
T-2(h) Intersection #13: Los Osos Valley Road & U.S. 101 Northbound Ramps.
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
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T-2(i) Intersection #14: Los Osos Valley Road & Higuera Street.
• Extend eastbound right turn lane to 180’ or as far a practical (Prior to
Building Permits or Occupancy)
T-2(j) Intersection #18: Prado Road & Higuera Street.
• Install 2nd U.S. 101 northbound left turn lane (Prior to Building Permits
or Occupancy)
• Extend westbound right turn pocket to 400’ (Prior to Building Permits or
Occupancy)
b. Finding: Implementation of the identified mitigation measures would improve capacity at
five impacted intersections to acceptable levels, so impacts on these facilities would be less
than significant after mitigation. However, impacts associated with capacity at six other
intersections (Madonna & Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S.
101 NB Ramps, Madonna & U.S. 101 SB Ramps, Madonna & Higuera, and Los Osos Valley
Road & U.S. 101 NB Ramps) would remain significant and unavoidable. A statement of
overriding considerations for this impact is made in Section 8.
3. Impact T-3: Under Existing and Near-Term Plus Project conditions 4 study area segment groups
would operate at unacceptable automobile, bicycle, pedestrian, and/or transit LOS based on
adopted multimodal level of service standards during AM and PM peak hours. Of these 4 segment
groups, impacts to Madonna (Los Osos Valley Road to Higuera) and Los Osos Valley Road
(Madonna to Higuera) would be temporary until the Prado Road Overpass & NB Ramps are
constructed. Although temporary, the impact along these two segment groups would be Class I,
significant and unavoidable. (Refer to pages 2.4-9, 2.4-14 and 2.4-15 of the Final SEIR.)
a. Mitigation: Mitigation Measures T-3(a) through T-3(d) identify improvements at study area
facilities that are required to reduce potentially significant project-specific impacts at study
area roadway segments under Existing and Near-Term Plus Project Conditions. The project’s
equitable share of these improvements will be calculated using the method for calculating
equitable mitigation measures outlined in the Caltrans Guide for the Preparation of Traffic
Impact Studies (Caltrans, December 2002). Costs above and beyond the project’s equitable
share can be addressed through such options as fee credits, reimbursement agreements, or
development agreements, based on City requirements. Implementation of Mitigation
Measures T-3(a) through T-3(d) would reduce impacts associated with multimodal level of
service standards at study area roadway segments identified for Existing and Near-Term Plus
Project conditions to a feasible extent.
T-3(a) Segments #1 - #6: Madonna Road (Los Osos Valley Road to Higuera
Street)
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
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• As part of the TDMP, fund operations and financial
assessment/assistance of decreasing transit headways to 25 minutes
(Prior to Building Permits or Occupancy)
• Construct parallel Class I multiuse path on Madonna between Hwy 101
and Oceanaire) and Class III Sharrows on Madonna Frontage Road
Between Oceanaire and Los Osos Valley Road (Prior to Building
Permits or Occupancy)
T-3(b) Segments #7 - #8: Higuera Street (Madonna Road to Prado Road)
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
• Pay Fair Share Costs for Construction of Class I Path Parallel to
Higuera as identified in City’s Bicycle Transportation Plan (Prior to
Building Permits or Occupancy)
T-3(c) Segments #13 - #17: Los Osos Valley Road (Madonna Road to Higuera
Street)
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
• Pay Fair Share Costs for Construction of Class I Path Parallel to Los
Osos Valley Road as identified in City’s Bicycle Transportation Plan
(Prior to Building Permits or Occupancy)
T-3(d) Segments #18 - #20: Dalidio Drive/Prado Road (Froom Ranch Way to
Higuera Street)
• Construct parallel Class I multiuse paths (Concurrent with
Construction/Widening of Prado Road along project frontages)
b. Finding: Implementation of the identified mitigation measures would improve multimodal
level of service at one impacted segment to acceptable levels, so impacts on this facility would
be less than significant after mitigation. However, impacts associated with multimodal
segment level of service at two other segments (Madonna Road (Los Osos Valley Road to
Higuera Street) and Los Osos Valley Road (Madonna Road to Higuera Street) would remain
significant and unavoidable. A statement of overriding considerations for this impact is made
in Section 8.
4. Impact T-11: Under Existing and Near-term Plus Project conditions buildout of the project prior
to construction of the Prado Road Overpass & NB ramps would result in portions of Highway
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101 from Marsh Street to Los Osos Valley Road operating below Caltrans level of service
standards. This is a Class I, significant and unavoidable impact. (Refer to pages 2.4 -9, 2.4-10,
2.4-16, and 2.4-17 of the Final SEIR.)
a. Mitigation: Implementation of Mitigation Measures T-11(a) through T-8(c) would reduce
impacts to mainline operations on U.S. Highway 101 in the vicinity of the project to the extent
feasible.
T-11(a) Northbound U.S. 101 Prado Road Off Ramp
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB (Timing & Amount of Fair Share Payments
as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-11(b) Northbound U.S. 101 North of Prado Road
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
T-11(c) Northbound U.S. 101 North of Madonna Road
• Pay Fair share costs and dedicate necessary ROW for construction of the
Prado Road Overpass & NB Ramps (Timing & Amount of Fair Share
Payments as established in San Luis Ranch Development Agreement).
• Develop a Travel Demand Management Plan consistent with section
2.4.3 and to the satisfaction of the Public Works Director (Prior to
Building Permits or Occupancy)
b. Finding: Implementation of the identified mitigation measures would lessen project volumes
on the Highway 101 mainline and mitigate interim impacts to the maximum extent feasible.
However, impacts associated with mainline Highway 101 operations would remain
significant and unavoidable. A statement of overriding considerations for this impact is made
in Section 8.
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SECTION 7. FINDINGS FOR ALTERNATIVES TO THE REVISED PROJECT
Various alternatives to the Original Project were considered in the Final EIR to reduce one or more
environmental impacts associated with the project. For the Revised Project, a Supplemental EIR
(SEIR) was prepared because only minor changes were contemplated from the originally approved
project, and no changes to the approved land use pattern or buildout potential were contemplated.
An SEIR is not required to consider additional project alternatives, and in this case did not.
No Findings related to Alternatives are required or can be made for the Revised Project.
SECTION 8. STATEMENT OF OVERRIDING CONSIDERATIONS
A. INTRODUCTION
Based on the certified Final EIR for the originally approved project, as modified by the findings of
the Final SEIR, the following significant and unavoidable impacts are associated with the Revised
Project:
1. The Revised Project would be inconsistent with the SLOAPCD 2001 Clean Air Plan because
it would result in an increase in vehicle miles traveled (VMT) that would exceed the rate of
population growth.
2. The Revised Project is inconsistent with the 2001 Clean Air Plan, which SLOAPCD guidance
states is a cumulative air quality impact.
3. The Revised Project would result in the relocation, demolition, and removal of structures on
the San Luis Ranch property which are individually identified as historic resources. In
addition, the project would eliminate the San Luis Ranch Complex, which is eligible for
listing as a historic resource. Relocation, demolition, and/or removal of these historic
resources would permanently alter the historic context of the project site and on -site
structures.
4. Removal of the San Luis Ranch Complex would contribute to the cumulative loss of historic
resources in the City.
5. The Revised Project would be potentially inconsistent with adopted City policies in the
General Plan designed to protect historical resources and ensure adequate multimodal
transportation levels of service.
6. Temporary construction activity would create noise that could exceed City of San Luis
Obispo Municipal Code regulations, and mitigation may not be feasible to reduce the impact
to less than the applicable threshold.
7. Under Existing and Near-Term Plus Project conditions 9 study area intersections would
operate at unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal
level of service standards during AM and PM peak hours. Of these 9 intersections, impacts
to Madonna Road & U.S. 101 SB, Los Osos Valley Road & Auto Park Way, and Higuera &
Tank Farm would be temporary until the Prado Road Overpass & NB Ramps are constructed.
Although temporary, the impact at these three locations would be significant and unavoidable.
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8. Under Existing and Near-Term Plus Project conditions the volume of traffic at 19 study area
intersections would exceed lane capacities. Of these 19 intersections, impacts to Madonna &
Los Osos Valley Road, Madonna & Oceanaire, Madonna & U.S. 101 NB, Madonna &
Higuera, and Los Osos Valley Road & U.S. 101 NB would be temporary until the Prado Road
Overpass & NB Ramps are constructed. Although temporary, the impact at these five
locations would be significant and unavoidable..
9. Under Existing and Near-Term Plus Project conditions 4 study area segment groups would
operate at unacceptable automobile, bicycle, pedestrian, and/or transit LOS based on adopted
multimodal level of service standards during AM and PM peak hours. Of these 4 segment
groups, impacts to Madonna (Los Osos Valley Road to Higuera) and Los Osos Valley Road
(Madonna to Higuera) would be temporary until the Prado Road Overpass & NB Ramps are
constructed. Although temporary, the impact along these two segment groups would be
significant and unavoidable.
10. Under Cumulative Plus Project conditions nine study area intersections would operate at
unacceptable automobile, bicycle, or pedestrian LOS based on adopted multimodal level of
service standards during AM and PM peak hours. Mitigation would reduce impacts at seven
of these intersections to an acceptable level. However, impacts at the Madonna Road &
Dalidio Drive and Los Osos Valley Road & Froom Ranch Way intersections would be
significant and unavoidable.
11. Under Cumulative Plus Project conditions, the volume of traffic at 18 study area intersections
would exceed lane capacities. Mitigation would reduce impacts at 17 of these intersections to
an acceptable level. However, impacts at the Madonna Road & Dalidio Drive and Los Osos
Valley Road & Froom Ranch Way intersections would be significant and unavoidable.
12. Under Existing and Near-term Plus Project conditions buildout of the project prior to
construction of the Prado Road Overpass & NB ramps would result in portions of Highway
101 from Marsh Street to Los Osos Valley Road operating below Caltrans level of service
standards. This is a significant and unavoidable impact.
For projects which would result in significant environmental impacts that cannot be avoided, CEQA
requires that the lead agency balance the benefits of these projects against the unavoidable
environmental risks in determining whether to approve the projects. If the benefits of these projects
outweigh the unavoidable impacts, those impacts may be considered acceptable (CEQA Guidelines
Section 15093[a]). CEQA requires that, before adopting such projects, the public agency adopt a
Statement of Overriding Considerations setting forth the reasons why the agency finds that the
benefits of the project outweigh the significant environmental effects caused by the project. This
statement is provided below.
B. REQUIRED FINDINGS
The City has incorporated all feasible mitigation measures into the Revised Project. Although these
measures will lessen the unavoidable impacts listed above, the measures will not fully avoid these
impacts.
In preparing this Statement of Overriding Considerations, the City has balanced the benefits of the
proposed project against its unavoidable environmental risks. For the reasons specified below, the
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City finds that the following considerations outweigh the Revised Project’s unavoidable
environmental risks:
1. Provision of new Residential and Commercial Uses. The San Luis Ranch Specific Plan will
develop a new residential neighborhood that fulfills a portion of the City’s unmet housing needs
and that designates sufficient land for neighborhood serving commercial uses to provide for the
convenience of area residents, consistent with Land Use Element Policies 2.3.6, 3.3.1, and 8.1.4.
2. Provision of a Variety of Housing Types for all Income Levels. The San Luis Ranch Specific
Plan provides a variety of housing types and costs to meet the needs of renters and buyers with a
variety of income-levels, including inclusionary affordable housing for residents with moderate,
low, and very-low income levels, consistent with General Plan Land Use Element Goal 2,
Affordability.
3. Open Space and Agricultural Protection: Implementation of the San Luis Ranch Specific Plan
would preserve approximately 53 acres of the site in agriculture adjacent to the San Luis Obispo
City Farm, including development of the agricultural heritage facilities & learning center, which
would relocate and preserve historically important structures from the San Luis Ranch Complex
and integrate them into an enhanced and inter-connected, working agricultural setting. The
project would also preserve approximately 7.4 acres of the site in open space.
4. Provision of Park and Recreational Facilities. The San Luis Ranch Specific Plan will provide
a variety of park and recreational facilities for residents of the City, such as parks, trails and other
recreational facilities, and passive recreational opportunities within open space, both by
constructing facilities on site and providing needed funding for enhancement of existing offsite
City park and recreational facilities.
5. Well-Planned Neighborhood Would Reduce Per-Capita Vehicle Trips: The San Luis Ranch
Specific Plan would develop a new residential neighborhood to meet the City’s housing needs
and that designates sufficient land for neighborhood serving commercial uses to reduce vehicle
trips and provide for the convenience of area residents. In addition, the San Luis Ranch Specific
Plan encourages the use of bicycles and walking within the Plan Area by including specific
policies and development standards that will result in subdivision and building designs that
facilitate bike use and pedestrian access and incorporating multiple classes of bike lanes and
including bike and pedestrian paths through the parks and open space areas.
6. Provision of New Jobs: The project would create new construction-related and permanent jobs
in the project area. Planned commercial development would provide jobs in close proximity to
housing, consistent with Community Goal 34 in the General Plan Land Use Element and Land
Use Element Policy 1.5, which states that the gap between housing demand and supply should
not increase.
7. Transient Occupancy Tax: Development of commercial hotel uses would contribute Transient
Occupancy Tax revenues that help fund needed City services.
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8. National Flood Insurance Program (NFIP) and the Community Rating System (CRS)
Rating Improvement: The proposed significant dedication of acreage for designated Natural
Beneficial Functions (CRS Activity 420) would improve the City’s point total with the CRS point
system. The City has improved its CRS rating steadily from a Class 10 community to a Clas s 6
community. The improvement in class is directly related to a reduction in flood insurance
premiums citywide.
9. Implementation of the General Plan: As required by the City General Plan, the San Luis Ranch
Specific Plan contains policies and standards that will facilitate appropriate development of land,
protection of open space, and provision of adequate public facilities consistent with the City’s
recent LUCE update and the housing and transportation objectives.
10. Prado Road Interchange. Beyond mitigation for the Project, the Prado Road Interchange
provides enhanced operations of State and Local roadways, improved mobility of bicyclists and
pedestrians, improves transit performance and transit opportunities, and is ranked as the top
sustainable communities infrastructure project in the region. San Luis Ranch is a critical funding
partner in implementing the interchange, if San Luis Ranch does not proceed there will not be
enough funding to complete the interchange.
Accordingly, the City finds that the project’s adverse, unavoidable environmental impacts are
outweighed by these considerable benefits.
Dated: ___________, 2018
Heidi Harmon
Mayor, City of San Luis Obispo
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San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated June 2018)
City of San Luis Obispo 1
MITIGATION MONITORING AND REPORTING PROGRAM
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the San Luis
Ranch Project, proposed in the City of San Luis Obispo, California. Public Resources Code
Section 21081.6(a)(1) requires that a Lead Agency adopt an MMRP before approving a project in
order to mitigate or avoid significant impacts that have been identified in an Environmental
Impact Report (EIR). The purpose of the MMRP is to ensure that the required mitigation
measures identified in the EIR are implemented as part of the overall project development
process. In addition to ensuring implementation of mitigation measures, the MMRP provides
guidance to agency staff and decision-makers during project implementation, and identifies the
need for enforcement action before irreversible environmental damage occurs. Where an impact
was identified to be less than significant in the EIR, no mitigation measures were required.
The San Luis Ranch Project consists of a Specific Plan, General Plan Amendment/Pre-Zoning,
and Development Plan/Vesting Tentative Tract Map for a 131-acre project site, including
annexation of the site into the City of San Luis Obispo. The project includes construction of up
to 580 residential units, 150,000 square feet of commercial development, 100,000 square feet of
office development, and a 200-room hotel, with a portion of the site preserved for agriculture
and open space uses. The following table summarizes the mitigation measures for each issue
area identified in the Final EIR as updated through the Final Supplemental EIR for the project.
Specifically, the table identifies each mitigation measure; the action required for the measure to
be implemented; the time at which the monitoring is to occur; the monitoring conditions; and
the agency or party responsible for ensuring that the monitoring is performed. In addition, the
table includes columns for compliance verification.
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Compliance Verification
Initial Date Comments
Agricultural Resources
AG -1 Agricultural Conservation. Prior to issuance of any
grading permits, the project proponent shall provide that for
every one (1) acre of Important Farmland (Prime Farmland,
Farmland of Statewide Importance, and Unique Farmland)
on the site that is permanently converted to non-agricultural
use as a result of project development, one (1) acre of land
of comparable agricultural productivity shall be preserved in
perpetuity. The land dedicated to agriculture pursuant to this
measure shall be of size, location and configuration
appropriate to maintain a viable, working agricultural
operation. The acreage required to meet the 1:1 ratio may
be met by the off-site agricultural conservation
easement/deed restriction proposed by the project applicant,
as long as this land meets the conditions outlined in this
measure. Said mitigation shall be satisfied by the applicant
through:
1) Granting a perpetual conservation easement(s), deed
restriction(s), or other farmland conservation
mechanism(s) to the City or qualifying entity which has
been approved by the City, such as the Land
Conservancy of San Luis Obispo, for the purpose of
permanently preserving agricultural land. The required
easement(s) area or deed restriction(s) shall therefore
total a minimum of 59.3 56 acres of Prime Farmland.
The land covered by said on- and/or off-site
easement(s) or deed restriction(s) shall be located
within or contiguous to the City’s Urban Reserve Line or
Greenbelt subject to review and approval of the City’s
Natural Resources Manager; or
2) Making an in-lieu payment to a qualifying entity which
has been approved by the City, such as the Land
Conservancy of San Luis Obispo, to be applied toward
the future purchase of a minimum of 59.3 56 acres of
Prime Farmland in San Luis Obispo County, together
with an endowment amount as may be required. The
payment amount shall be determined by the qualifying
entity or a licensed appraiser; or
3) Making an in-lieu payment to a qualifying entity which
has been approved by the City and that is organized for
conservation purposes, to be applied toward a future
perpetual conservation easement, deed restriction, or
other farmland conservation mechanism to preserve a
minimum of 59.3 56 acres of Prime Farmland in San
Prior to issuance of any
grading permits for the project,
the applicant shall provide
evidence of the recorded
easement(s), deed
restriction(s), or evidence of
payment to the City Planning
Department or qualifying entity
for approval to demonstrate
compliance with this measure.
Notices, payment of in-lieu
fees, and/or dedication of
agricultural conservation
easements shall be completed
by the applicant prior to
development plan approval.
The City shall ensure
compliance with Land Use
Element Policy 8.6.3. The City
shall make the final decision on
the specific requirements for
agricultural mitigation prior to
development plan approval.
City of San Luis
Obispo Planning
Department or
qualifying entity;
City of San Luis
Obispo Natural
Resources
Manager.
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Luis Obispo County. The amount of the payment shall
be determined by the qualifying entity or a licensed
appraiser; or
4) Any combination of the above.
AG -3(a) Agricultural Conflict Avoidance Measures. The
following language shall be added to Section 4.2.1,
Agricultural Buffer, of the San Luis Ranch Specific Plan:
Agricultural buffers will include City-approved measures
to reduce availability of public access to agricultural
cultivation areas adjacent to the project site (e.g.,
fencing, signs, etc.). Future residents will be notified of
agricultural buffers as part of purchase or lease
agreements.
The applicant shall add the
agricultural buffer
specifications to the Specific
Plan.
The City Natural Resources
Manager shall make the final
decision on the specific
requirements for agricultural
conflict avoidance measures
prior to development plan
approval for the project, and
shall ensure that agricultural
conflict avoidance measures are
implemented in compliance with
applicable General Plan
policies.
City of San Luis
Obispo Natural
Resources
Manager.
AG -3(b) Agricultural Fencing. The project applicant shall
coordinate with the City to fund installation of fencing and
signs along Froom Ranch Way and Dalidio Drive/Prado
Road to minimize potential for increases in trespass and
vandalism of adjacent agricultural areas.
The applicant shall clearly
identify agricultural fencing
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
City of San Luis
Obispo Natural
Resources
Manager.
AG -3(c) Buffer Landscaping. To reduce the potential for
noise, dust, and pesticide drift to affect future residents on
the project site, the project applicant shall ensure that project
landscape plans include planting of a windrow of trees and
shrubs within the agricultural buffer along Froom Ranch Way
at a sufficient density to buffer the site from surrounding
agricultural operations.
The applicant shall clearly
identify buffer landscaping
within the development plan
and tract map.
The City Natural Resources
Manager shall review the
development plan and VTTM to
ensure that design includes
installation of fencing and signs
as required under Mitigation
Measures AG-3(b) and AG-3(c).
City of San Luis
Obispo Natural
Resources
Manager.
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The City Natural Resources
Manager shall also review the
final landscape plan to ensure
that the species mix and density
of proposed plantings would
provide an adequate landscape
buffer. Field inspections at
appropriate phases of project
construction shall confirm
installation and compliance with
Mitigation Measures AG-3(b)
and AG-3(c).
Air Quality
AQ -1 Encourage Telecommuting. The project applicant or
developers of individual projects within the Specific Plan
Area shall include provisions to encourage employers within
the proposed commercial, office, and hotel components of
the project to implement telecommuting programs and
include teleconferencing capabilities, such as web cams or
satellite linkage, which will allow employees to attend
meetings remotely without requiring them to travel out of the
area.
The project applicant or
developers of individual
projects within the Specific
Plan Area shall submit proof
that employers within the
proposed commercial, office,
and hotel components of the
project have either
implemented telecommuting
programs or include
teleconferencing capabilities,
or proof that such a program is
infeasible.
The Community Development
Department shall verify
teleconferencing capabilities, if
feasible, are included in tenant
improvements prior to issuance
of occupancy permits.
City of San Luis
Obispo
Community
Development
Department.
AQ -2(a) Fugitive Dust Control Measures. Construction
projects shall implement the following dust control measures
so as to reduce PM10 emissions in accordance with
SLOAPCD requirements.
• Reduce the amount of the disturbed area where
possible;
• Water trucks or sprinkler systems shall be used during
construction in sufficient quantities to prevent airborne
dust from leaving the site. Increased watering
frequency shall be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water or a
SLOAPCD-approved dust suppressant shall be used
whenever possible, to reduce the amount of potable
water used for dust control. Please note that since
water use is a concern due to drought conditions, the
contractor or builder shall consider the use of an
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
City of San Luis
Obispo
Community
Development
Department.
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APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control;
• All dirt stock pile areas shall be sprayed daily as
needed;
• Permanent dust control measures identified in the
approved project revegetation and landscape plans
shall be implemented as soon as possible following
completion of any soil disturbing activities;
• Exposed ground areas that are planned to be reworked
at dates greater than one month after initial grading
shall be sown with a fast germinating, non-invasive
grass seed and watered until vegetation is established;
• All disturbed soil areas not subject to revegetation shall
be stabilized using approved chemical soil binders, jute
netting, or other methods approved in advance by the
SLOAPCD;
• All roadways, driveways, sidewalks, etc. to be paved
shall be completed as soon as possible after grading
unless seeding or soil binders are used;
• Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site;
• All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or shall maintain at least
two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with California Vehicle Code Section 23114;
• Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or wash off trucks and
equipment leaving the site;
• Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water shall be used where
feasible;
• All of these fugitive dust mitigation measures shall be
shown on grading and building plans; and
• The contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible
emissions below 20 percent opacity, and to prevent
transport of dust offsite. Their duties shall include
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Initial Date Comments
holidays and weekend periods when work may not be
in progress. The name and telephone number of such
persons shall be provided to the SLOAPCD
Compliance Division prior to the start of any grading,
earthwork or demolition.
AQ -2(b) Standard Control Measures for Construction
Equipment. The following standard air quality mitigation
measures shall be implemented during construction
activities at the project site:
• Maintain all construction equipment in proper tune
according to manufacturer’s specifications;
• Fuel all off-road and portable diesel powered equipment
with ARB certified motor vehicle diesel fuel (non-taxed
version suitable for sue off-road);
• Use diesel construction equipment meeting ARB’s Tier
2 certified engines or cleaner off-road heavy-duty diesel
engines, and comply with the State Off-Road
Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s
2007 or cleaner certification standard for on-road
heavy-duty diesel engines, and comply with the State
On-Road Regulation;
• Construction or trucking companies with fleets that do
not have engines in their fleet that meet the engine
standards identified in the above two measures (e.g.
captive or NOX exempt area fleets) may be eligible by
proving alternative compliance;
• On-road diesel vehicles shall comply with Section 2485
of Title 13 of the California Code of Regulations. This
regulation limits idling from diesel-fueled commercial
motor vehicles with gross vehicular weight ratings of
more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California
based vehicles. In general, the regulation specifies that
drivers of said vehicles:
1. Shall not idle the vehicle's primary diesel engine
for greater than 5-minutes at any location, except
as noted in Subsection (d) of the regulation; and,
2. Shall not operate a diesel-fueled auxiliary power
system (APS) to power a heater, air conditioner, or
any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
City of San Luis
Obispo
Community
Development
Department.
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than 5.0 minutes at any location when within 1,000
feet of a restricted area, except as noted in
Subsection (d) of the regulation.
• Off-road diesel equipment shall comply with the 5-
minute idling restriction identified in Section 2449(d)(2)
of the California Air Resources Board's In-Use Off-
Road Diesel regulation.
• Signs shall be posted in the designated queuing areas
and or job sites to remind drivers and operators of the 5
minute idling limit;
• In addition to the state required diesel idling
requirements, the project applicant shall comply with
these more restrictive requirements to minimize
impacts to nearby sensitive receptors:
1. Signs that specify the no idling areas shall be
posted and enforced at the site.
2. Diesel idling within 1,000 feet of sensitive
receptors is not permitted;
3. Staging and queuing areas shall not be located
within 1,000 feet of sensitive receptors;
4. Use of alternative fueled equipment is
recommended;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered
equipment, where feasible; and
• Use alternatively fueled construction equipment on-site
where feasible, such as compressed natural gas
(CNG), liquefied natural gas (LNG), propane or
biodiesel.
AQ -2(c) Best Available Control Technology (BACT) for
Construction Equipment. The following BACT for diesel-
fueled construction equipment shall be implemented during
construction activities at the project site, where feasible:
• Further reducing emissions by expanding use of Tier 3
and Tier 4 off-road and 2010 on-road compliant
engines where feasible;
• Repowering equipment with the cleanest engines
available; and
• Installing California Verified Diesel Emission Control
Strategies, such as level 2 diesel particulate filters.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
City of San Luis
Obispo
Community
Development
Department.
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These strategies are listed at:
http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm
AQ -2(d) Architectural Coating. To reduce ROG and NOX
levels during the architectural coating phase, low or no VOC-
emission paint shall be used with levels of 50 g/L or less.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
City of San Luis
Obispo
Community
Development
Department.
AQ -2(e) Construction Activity Management Plan.
Emissions reduction measures and construction practices
required to comply with Mitigation Measures AQ-2(a)
through AQ-2(d) shall be documented in a Construction
Activity Management Plan (CAMP) and submitted to
SLOAPCD for review and approval at least three months
before the start of construction. The CAMP shall include a
Dust Control Management Plan, tabulation of on and off-
road construction equipment (age, horse-power and miles
and/or hours of operation), construction truck trip schedule,
construction work-day period, and construction phasing. If
implementation of the Standard Mitigation and Best
Available Control Technology measures cannot bring the
project below the Tier 1 threshold (2.5 tons of NOX+ROG
per quarter), off-site mitigation shall be implemented in
coordination with SLOAPCD to reduce NOX and ROG
emissions to below the Tier 1 threshold.
Future development shall
incorporate the listed
provisions into development
plans prior to issuance of
grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure construction is in
accordance with approved
plans.
City of San Luis
Obispo
Community
Development
Department.
AQ -3(a) Standard Operational Mitigation Measures. Prior
to issuance of grading permits, the applicant shall define and
incorporate into the San Luis Ranch Specific Plan standard
emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook to reduce emissions to below daily
threshold levels. Emission reduction measures shall include,
but would not be limited to:
• Increase the building energy rating by 20 percent above
2013 Title 24 requirements (used in the California
Emissions Estimator Model) or consistent with 2016
Title 24 requirements, whichever is stricter. Measures
used to reach the 20 percent rating cannot be double
counted;
• Utilize onsite renewable energy systems (e.g., solar,
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of these
measures and off-site
mitigation (described in
Mitigation Measure AQ-3[b])
prior to issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
City of San Luis
Obispo
Community
Development
Department.
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wind, geothermal, low-impact hydro, biomass and bio-
gas); and
• Provide bicycle-share program.
In addition, the proposed hotel component of the Specific
Plan shall participate in the SLO Car Free Program, provide
incentives to car-free travelers, and promote the program in
their communication tools.
AQ -3(b) Off-Site Mitigation. If implementation of standard
emission reduction measures from the SLOAPCD CEQA Air
Quality Handbook described in Mitigation Measure AQ-3(a)
is insufficient to reduce emissions to below daily threshold
levels, then the applicant shall coordinate with SLOAPCD to
provide funding for off-site emission reduction measures to
reduce emissions to below daily threshold levels. In
accordance with SLOAPCD methodology, the excess
emissions shall be multiplied by the cost effectiveness of
mitigation as defined in the State’s current Carl Moyer
Incentive Program Guidelines to determine the annual off-
site mitigation amount. This amount shall then be
extrapolated over the life of the project to determine total off-
site mitigation. Off-site emission reduction measures may
include, but would not be limited to:
• Developing or improving park-and-ride lots;
• Retrofitting existing homes in the project area with
SLOAPCD-approved wood combustion devices;
• Retrofitting existing homes in the project area with
energy-efficient devices;
• Constructing satellite worksites;
• Funding a program to buy and scrap older, higher
emission passenger and heavy-duty vehicles;
• Replacing/re-powering transit buses;
• Replacing/re-powering heavy-duty diesel school
vehicles (i.e. bus, passenger or maintenance vehicles);
• Funding an electric lawn and garden equipment
exchange program;
• Retrofitting or re-powering heavy-duty construction
equipment, or on-road vehicles;
• Re-powering marine vessels;
• Re-powering or contributing to funding clean diesel
Future development shall
incorporate the listed
provisions into development
plans and submit proof that
emissions have been
reduced to below daily
threshold levels through a
combination of the measures
described in Mitigation
Measure AQ-3(a) and this off-
site mitigation prior to
issuance of grading permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits.
City of San Luis
Obispo
Community
Development
Department.
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locomotive main or auxiliary engines;
• Installing bicycle racks on transit buses;
• Purchasing particulate filters or oxidation catalysts for
local school buses, transit buses or construction fleets;
• Installing or contributing to funding alternative fueling
infrastructure (i.e. fueling stations for CNG, LPG,
conductive and inductive electric vehicle charging, etc.);
• Funding expansion of existing transit services;
• Funding public transit bus shelters;
• Subsidizing vanpool programs;
• Subsidizing transportation alternative incentive
programs;
• Contributing to funding of new bike lanes;
• Installing bicycle storage facilities; and
• Providing assistance in the implementation of projects
that are identified in City or County Bicycle Master
Plans.
Biological Resources
BIO-1(a) Best Management Practices. The applicant shall
ensure the following general wildlife Best Management
Practices (BMPs) are required for construction activity within
the San Luis Ranch Specific Plan Area:
• No pets or firearms shall be allowed at the project site
during construction activities.
• All trash that may attract predators must be properly
contained and removed from the work site. All such
debris and waste shall be picked up daily and properly
disposed of at an appropriate site.
• All refueling, maintenance, and staging of equipment
and vehicles shall occur at least 100 feet from Prefumo
Creek and in a location where a spill would not drain
toward aquatic habitat. A plan must be in place for
prompt and effective response to any accidental spills
prior to the onset of work activities. All workers shall be
informed of the appropriate measures to take should an
accidental spill occur.
• Pallets or secondary containment areas for chemicals,
drums, or bagged materials shall be provided. Should
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
City of San Luis
Obispo approved
Environmental
Monitor.
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Initial Date Comments
material spills occur, materials and/or contaminants
shall be cleaned from the project site and recycled or
disposed of to the satisfaction of the Regional Water
Quality Control Board (RWQCB).
• Prior to construction activities in areas adjacent to
Prefumo Creek and Cerro San Luis Channel, the
drainage features shall be fenced with orange
construction fencing and signed to prohibit entry of
construction equipment and personnel unless
authorized by the City. Fencing should be located a
minimum of 20 feet from the edge of the riparian
canopy or top of bank and shall be maintained
throughout the construction period for each phase of
development. Once all phases of construction in this
area are complete, the fencing may be removed.
• To control sedimentation during and after project
implementation, appropriate erosion control BMPs
(e.g., use of coir rolls, jute netting, etc.) shall be
implemented to minimize adverse effects on Prefumo
Creek. No plastic monofilament netting shall be utilized
on site.
• Construction equipment shall be inspected at the
beginning of each day to ensure that wildlife species
have not climbed into wheel wells or under tracks since
the equipment was last parked. Any sensitive wildlife
species found during inspections shall be gently
encouraged to leave the area by a qualified biological
monitor or otherwise trained personnel.
• All vehicles and equipment shall be in good working
condition and free of leaks.
• Environmentally Sensitive Areas shall be delineated by
a qualified biologist prior to construction to confine
access routes and construction areas.
• Construction work shall be restricted to daylight hours
(7:00 AM to 7:00 PM) to avoid impacts to nocturnal and
crepuscular (dawn and dusk activity period) species.
No construction night lighting shall be permitted within
100 yards of the top of the Prefumo Creek bank.
• Concrete truck and tool washout shall be limited to
locations designated by a qualified biologist such that
no runoff will reach Prefumo Creek or Cerro San Luis
Channel.
• All open trenches shall be constructed with appropriate
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exit ramps to allow species that accidentally fall into a
trench to escape. Trenches will remain open for the
shortest period necessary to complete required work.
• Existing facilities and disturbed areas shall be used to
the extent possible to minimize the amount of
disturbance and all new access roads other than the
Froom Ranch Way Bridge shall be cited to avoid high
quality habitat and minimize habitat fragmentation.
• In the event that construction must occur within the
creek or creek setback, a biological monitor shall be
present during all such activities with the authority to
stop or redirect work as needed to protect biological
resources.
BIO-1(b) Worker Environmental Awareness Program
Training. Prior to the initiation of construction activities
(including staging and mobilization), the applicant shall
ensure all personnel associated with project construction
attend a Worker Environmental Awareness Program
(WEAP) training.
• The training shall be conducted by a qualified biologist,
to aid workers in recognizing special status resources
that may occur in the project area. The specifics of this
program shall include identification of the sensitive
species and habitats, a description of the regulatory
status and general ecological characteristics of
sensitive resources, and review of the limits of
construction and avoidance measures required to
reduce impacts to biological resources within the work
area. A fact sheet conveying this information shall also
be prepared for distribution to all contractors, their
employers, and other personnel involved with
construction of the project. All employees shall sign a
form provided by the trainer documenting they have
attended the WEAP and understand the information
presented to them.
WEAP training requirements
shall be included on project
plans and shall be submitted
for review and approval by
the City prior to the approval
of grading and construction
permits.
The Environmental Monitor shall
verify environmental compliance
of the construction personnel in
accordance with WEAP training
requirements.
City of San Luis
Obispo approved
Environmental
Monitor.
BIO-1(c) Western Pond Turtle and Two-Striped Garter
Snake Impact Avoidance and Minimization. The applicant
shall ensure the following actions are implemented to avoid
and minimize potential impacts to western pond turtle and
two-striped garter snake (these reptiles utilize similar
habitats; therefore, implementation of the proposed
measures for western pond turtle are also suitable and
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
City of San Luis
Obispo approved
Environmental
Monitor.
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appropriate for two-striped garter snake):
• A qualified biologist(s) shall conduct a pre-construction
survey within 24 hours prior to the onset of work
activities within and around areas that may serve as
potential western pond turtle habitat. If this species is
found and the individuals are likely to be injured or
killed by work activities, the approved biologist shall be
allowed sufficient time to move them from the project
site before work activities begin. The biologist(s) must
relocate the any western pond turtle the shortest
distance possible to a location that contains suitable
habitat that is not likely to be affected by activities
associated with the project.
• Access routes, staging, and construction areas shall be
limited to the minimum area necessary to achieve the
project goal and minimize potential impacts to western
pond turtle habitat including locating access routes and
construction staging areas outside of wetlands and
riparian areas to the maximum extent practicable.
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
reports to the City.
BIO-1(d) California Red-legged Frog, Western spadefoot,
and Coast Range Newt Impact Avoidance and
Minimization. The applicant shall implement the following to
avoid and minimize potential impacts to CRLF. Because
coast range newt and western spadefoot are amphibians
that utilize similar habitats to CRLF, implementation of the
following measures provided for CRLF shall be implemented
for these species as well.
• Only USFWS-approved biologists shall participate in
activities associated with the capture, handling, and
monitoring of CRLF.
• Ground disturbance shall not begin until written
approval is received from the USFWS that the biologist
is qualified to conduct the work. If the USFWS does not
authorize the relocation of CRLF occurring within the
project site, CRLF found within the project site shall be
avoided with a 100-foot buffer and no activities shall
occur within that buffer until the CRLF has left the
project site on its own.
• Areas of the project site that lie within 100 feet upland
from riparian or jurisdictional areas shall be surrounded
by a solid temporary exclusion fence (such as silt
fencing) that shall extend at least three feet above the
ground and be buried into the ground at least 6 inches
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
City of San Luis
Obispo approved
Environmental
Monitor.
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to exclude CRLF from the project site. Plastic
monofilament netting or other similar material will not
be used. The location of the fencing shall be
determined by a qualified biologist. The fence shall
remain in place throughout construction activities.
Installation of the exclusion fencing shall be monitored
by a qualified biologist to ensure that it is installed
correctly.
• During new grading activities in habitats within 100 feet
upland from riparian or jurisdictional areas, a qualified
biologist shall be on-site to recover any spadefoot toads
that may be excavated/unearthed with native material
or found under vegetation. If the animals are in good
health, they shall be immediately relocated to a
designated release area. If they are injured, the animals
shall be turned over to an approved wildlife rehabilitator
until they are in a condition to be released into the
designated release area.
• To ensure that diseases are not conveyed between
work sites by the approved biologist, the fieldwork code
of practice developed by the Declining Amphibian
Populations Task Force shall be followed at all times.
BIO-1(e) Steelhead Impact Avoidance and Minimization.
The applicant shall ensure the following actions are
undertaken to avoid and minimize potential impacts to
steelhead:
• Before any activities begin on the project, a qualified
biologist will conduct a training session for all
construction personnel. At a minimum, the training will
include a description of the steelhead and its habitat,
the specific measures that are being implemented to
conserve this species for the project, and the
boundaries within which the project may be
accomplished. Brochures, books, and briefings may be
used in the training session, provided that a qualified
person is on hand to answer any questions.
• During the duration of project activities, all trash that
may attract predators will be properly contained and
secured, promptly removed from the work site, and
disposed of regularly. Following construction, all trash
and construction debris will be removed from the work
areas.
• All refueling, maintenance, and staging of equipment
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
City of San Luis
Obispo approved
Environmental
Monitor.
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and vehicles will occur at least 100 feet from riparian
habitat or bodies of water and in a location where a
potential spill would not drain directly toward aquatic
habitat (e.g., on a slope that drains away from the water
source). The monitor shall ensure that contamination of
suitable habitat does not occur during such operations.
Prior to the onset of work activities, a plan must be in
place for prompt and effective response to any
accidental spills. All workers shall be informed of the
importance of preventing spills and of the appropriate
measures to take should an accidental spill occur.
• The number of access routes, size of staging areas,
and the total area used for construction activities shall
be limited to the minimum area necessary to achieve
the project goals.
• The City will only permit work within the immediate
vicinity of Prefumo Creek for times of the year when
potential impacts to steelhead would be minimal. Work
shall be restricted during the wet season (October 15
through April 30) and should ideally occur during the
late summer and early fall during the driest portion of
the year; however, water may still be present during
construction. If work is proposed in the streambed and
water is present during construction, a diversion will be
required to dewater the work area and the following
avoidance and minimization measures will apply:
1. Upstream and downstream passage for fish,
including juvenile steelhead, shall be provided
through or around the construction site at all times
construction is occurring within the Prefumo Creek
streambed.
2. A qualified biologist shall conduct a pre-
construction survey and be present onsite during
the diversion installation and dewatering process
to capture and relocate any trapped steelhead
and/or other fish. Upon approval from the NMFS,
the biologist(s) must relocate these individuals the
shortest distance possible to a location that
contains suitable habitat that is not likely to be
affected by activities associated with the project.
3. Dewatering operations shall employ a five
millimeter mesh screen fastened to the intake
hose to exclude fish and other wildlife species
from the pump.
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4. Steelhead shall be excluded from the construction
zone with block nets installed upstream and
downstream the of the bridge construction zone.
The distance upstream and downstream for block
net installation will depend on the type of
construction activities occurring in the streambed.
• To control sedimentation during and after project
implementation, the following BMPs shall be
implemented. If the BMPs are somehow ineffective,
consultation with the City and appropriate resource
agencies will be undertaken, and all attempts to remedy
the situation will commence immediately.
1. It shall be the owner’s/contractor’s responsibility to
maintain control of the entire construction
operations and to keep the entire site in
compliance.
2. The owner/contractor shall be responsible for
monitoring erosion and sediment control measures
(including but not limited to fiber rolls, inlet
protections, silt fences, and gravel bags) prior,
during and after storm events, monitoring includes
maintaining a file documenting onsite inspections,
problems encountered, corrective actions, and
notes and a map of remedial implementation
measures.
3. Erosion shall be controlled by covering stockpiled
construction materials (i.e. soil, spoils, aggregate,
fly-ash, stucco, hydrated lime, etc.) over 2.0 cubic
yards that are not actively being used, consistent
with the applicable construction general permit, or
through other means of erosion control approved
by the City (e.g., surrounding with straw bales or
silt fencing). The site shall be maintained to
minimize sediment-laden runoff to any storm
drainage system including existing drainage
swales and/or sand watercourses.
a. Construction operations shall be carried
out in such a manner that erosion and
water pollution will be minimized.
b. State and local laws concerning pollution
abatement shall be complied with.
c. If grading operations are expected to denude
slopes, the slopes shall be protected with
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erosion control measures immediately
following grading on the slopes.
4. Specifically, in order to prevent sedimentation and
debris from entering Prefumo Creek during
construction, silt fencing shall be installed along
the top of the banks on the west side of the
channel prior to the onset of construction
activities.
• The project biologist will monitor construction activities,
in stream habitat, and overall performance of BMPs
and sediment controls for the purpose of identifying and
reconciling any condition that could adversely affect
steelhead or their habitat. The biologist will halt work if
necessary and will recommend site-specific measures
to avoid adverse effects to steelhead and their habitat.
• Equipment will be checked daily for leaks prior to the
initiation of construction activities. A spill kit will be
placed near the creek and will remain readily available
during construction in the event that any contaminant is
accidentally released.
• In addition to these avoidance and minimization
measures, Mitigation Measure BIO-2(a) would also
ensure that potential temporary and permanent indirect
impacts to steelhead from the project are reduced as
much as practicable.
BIO-1(f) Great Blue Heron and Monarch Butterfly Impact
Avoidance and Minimization. The applicant shall ensure
the following actions are undertaken to avoid and minimize
potential impacts to overwintering monarch butterflies and
nesting great blue herons.
• Tree trimming/removal and construction activities that
affect eucalyptus trees near or within the monarch
overwintering grove or active great blue heron nests
identified in the San Luis Ranch Monarch Trees
Inspection Memo, Results of 2015 and 2016 San Luis
Ranch Heron Rookery Surveys Memo, and San Luis
Ranch – Prefumo Creek Widening Biological
Constraints Memo prepared by Althouse and Meade
(Appendix F), shall not be conducted during the
monarch butterfly overwintering season from October 1
through March 31 if monarch butterflies are present, or
while great blue heron nests are active from February 1
to August 31. If construction activities must be
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
City of San Luis
Obispo approved
Environmental
Monitor.
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conducted during these periods, a qualified biologist
shall conduct overwintering monarch surveys and/or
nesting great blue heron surveys within one week of
habitat disturbance. If surveys do not locate clustering
monarchs or nesting great blue herons, construction
activities may be conducted. If clustering monarchs
and/or nesting great blue herons are located, no
construction activities shall occur within 100 feet of the
edge of the overwintering grove and/or active nest(s)
until the qualified biologist determines that no more
monarchs are overwintering in the grove or the nest(s)
are no longer active.
• A qualified biologist shall prepare and implement a
habitat enhancement plan prior to issuance of grading
permits to enhance and restore overwintering and
nesting habitat that is to be preserved. The habitat
enhancement plan shall include native shrubs and trees
such as Monterey Cypress (Hesperocyparis
macrocarpa) that may support heron roosting and
monarch butterfly overwintering. As eucalyptus trees
senesce, they shall be replaced with native species.
Native trees and shrubs shall also be used to
supplement gaps in canopy or act as windbreaks.
• Create new offsite nesting habitat for great blue herons
to mitigate for removal of onsite nesting habitat. With a
qualified biologist present, the current rookery may be
moved to a suitable offsite location where the same
great blue herons can resume nesting, following
methods detailed in Crouch et al. (2002). It should be
noted that creating offsite nesting habitat for great blue
herons is experimental and that the relocation
techniques described in Crouch et al. (2002) were used
to relocate black-crowned night heron (Nycticorax
nycticorax). In addition, an agreement with the City will
be required prior to implementation of the offsite
strategy on their property. The methods detailed in
Crouch et al. (2002) include:
a. This entails at least one year of pre-construction
monitoring of the rookery, where the timing of
rookery activities will be noted: arrival of breeding
adults, egg laying, hatching, and fledging. During
this time, audio recordings of adults and juveniles
shall be made.
b. Following the completion of the nesting season in
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Initial Date Comments
late summer, a certified arborist specializing in the
translocation of trees will examine the mature
trees onsite and work with the City’s Natural
Resources Manager to determine whether or not it
is feasible to relocate the mature trees containing
nests across Madonna Road to a suitable location
at Laguna Lake Open Space.
c. Prior to the start of the next nesting season (based
on timing of adult arrival in previous years),
nesting adults will be recruited to the new location
via decoys and playback of vocalizations. The new
location will be monitored regularly by a qualified
biologist for the following three breeding seasons.
BIO-1(g) Nesting Birds Impact Avoidance and
Minimization. The applicant shall ensure the following
actions are undertaken to avoid and minimize potential
impacts to nesting birds:
• For construction activities occurring during the nesting
season (generally February 1 to September 15),
surveys for nesting birds covered by the California Fish
and Game Code and the Migratory Bird Treaty Act shall
be conducted by a qualified biologist no more than 14
days prior to vegetation removal. The surveys shall
include the disturbance area plus a 500-foot buffer
around the site. If active nests are located, all
construction work shall be conducted outside a buffer
zone from the nest to be determined by the qualified
biologist. The buffer shall be a minimum of 50 feet for
non-raptor bird species and at least 300 feet for raptor
species. Larger buffers may be required depending
upon the status of the nest and the construction
activities occurring in the vicinity of the nest. The buffer
area(s) shall be closed to all construction personnel
and equipment until the adults and young are no longer
reliant on the nest site. A qualified biologist shall
confirm that breeding/nesting is completed and young
have fledged the nest prior to removal of the buffer.
• If feasible, removal of vegetation within suitable nesting
bird habitats will be scheduled to occur in the fall and
winter (between September 1 and February 14), after
fledging and before the initiation of the nesting season.
Special status species
protection plans and surveys
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
The Environmental Monitor shall
monitor environmental
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
BIO-1(h) Roosting Bats Impact Avoidance and
Minimization. The applicant shall ensure the following
Special status species
protection plans and surveys
The Environmental Monitor shall
monitor environmental
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actions are undertaken to avoid and minimize potential
impacts to roosting bats:
• Prior to issuance of grading permits, a qualified biologist
shall conduct a survey of existing structures within the
project site to determine if roosting bats are present.
The survey shall be conducted during the non-breeding
season (November through March). The biologist shall
have access to all interior attics, as needed. If a colony
of bats is found roosting in any structure, further
surveys shall be conducted sufficient to determine the
species present and the type of roost (day, night,
maternity, etc.) If the bats are not part of an active
maternity colony, passive exclusion measures may be
implemented in close coordination with CDFW. These
exclusion measures must include one-way valves that
allow bats to exit the structure but are designed so that
the bats may not re-enter the structure.
• If a bat colony is excluded from the project site,
appropriate alternate bat habitat as determined by a
qualified biologist shall be installed on the project site or
at an approved location offsite.
• Prior to removal of any trees over 20 inches diameter-
at-breast-height (DBH), a survey shall be conducted by
a qualified biologist to determine if any of the trees
proposed for removal or trimming harbor sensitive bat
species or maternal bat colonies. If a non-maternal
roost is found, the qualified biologist, in close
coordination with CDFW shall install one-way valves or
other appropriate passive relocation method. For each
occupied roost removed, one bat box shall be installed
in similar habitat and should have similar cavity or
crevices properties to those which are removed,
including access, ventilation, dimensions, height above
ground, and thermal conditions. Maternal bat colonies
may not be disturbed.
shall be prepared by the
applicant and shall be
submitted to for review and
approval by the City prior to
the approval of grading and
construction permits. Any
required permits shall be
obtained from the state and
federal agencies prior to
issuance of grading permits.
compliance of the construction
activities throughout the
construction period or as
stipulated in the species- or
resource-specific mitigation
measure and provide monitoring
reports to the City.
BIO-2(a) Habitat Mitigation and Monitoring Plan. A
Habitat Mitigation and Monitoring Plan (HMMP) shall be
prepared which will provide a minimum 2:1 ratio (replaced:
removed) for temporary and permanent impacts to riparian
habitat. The HMMP will identify the specific mitigation sites
and it will be implemented immediately following project
completion. The HMMP shall include, at a minimum, the
following components:
The HMMP required by
Mitigation Measure BIO-2(a)
shall specify the location,
timing, species composition,
and maintenance of all
restored, enhanced, and
newly established riparian and
wetland areas, and tree
replacement. The applicant
The City shall review and
approve the HMMP (and
associated tree replacement
requirements) for compliance
prior to issuance of grading
permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
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and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
• Description of the project/impact site (i.e. location,
responsible parties, areas to be impacted by habitat
type);
• Goal(s) of the compensatory mitigation project [type(s)
and area(s) of habitat to be established, restored,
enhanced, and/or preserved; specific functions and
values of habitat type(s) to be established, restored,
enhanced, and/or preserved];
• Description of the proposed compensatory mitigation
site (location and size, ownership status, existing
functions and values of the compensatory mitigation
site);
• Implementation plan for the compensatory mitigation
site (rationale for expecting implementation success,
responsible parties, schedule, site preparation, planting
plan [including plant species to be used, container
sizes, seeding rates, etc.]);
• Maintenance activities during the monitoring period,
including weed removal and irrigation as appropriate
(activities, responsible parties, schedule);
• Monitoring plan for the compensatory mitigation site,
including no less than quarterly monitoring for the first
year (performance standards, target functions and
values, target acreages to be established, restored,
enhanced, and/or preserved, annual monitoring
reports);
• Success criteria based on the goals and measurable
objectives; said criteria to be, at a minimum, at least 80
percent survival of container plants and 80 percent
relative cover by vegetation type;
• An adaptive management program and remedial
measures to address negative impacts to restoration
efforts;
• Notification of completion of compensatory mitigation
and agency confirmation; and
• Contingency measures (initiating procedures,
alternative locations for contingency compensatory
mitigation, funding mechanism).
shall submit the HMMP to the
City for approval prior to
recordation of the VTTM, and
shall update and resubmit to
the City prior to each phase of
construction.
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
BIO-2(b) Tree Replacement. Riparian trees four inches or
greater measured at diameter-at-breast-height (DBH) shall
be replaced in-kind at a minimum ratio of 3:1 (replaced:
Tree and vegetation
replacement shall occur within
the same construction phase
The City shall review and
approve the tree replacement
requirements for compliance
City of San Luis
Obispo Natural
Resources
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Compliance Verification
Initial Date Comments
removed). Trees 24 inches or greater inches DBH shall be
replaced in-kind at a minimum ratio of 10:1. Willows and
cottonwoods may be planted from live stakes following
guidelines provided in the California Salmonid Stream
Habitat Restoration Manual for planting dormant cuttings
and container stock (CDFW 2010).
• Tree replacement shall be conducted in accordance
with a Natural Habitat Restoration and Enhancement
Plan to be approved by the City’s Natural Resource
Manager.
• The Natural Habitat Restoration and Enhancement Plan
shall prioritize the planting of replacement trees on-site
where feasible, but shall allow that replacement trees
may be planted off-site with approval of the City’s
Natural Resource Manager.
• Replacement trees may be planted in the fall or winter
of the year in which trees were removed. All
replacement trees will be planted no more than one
year following the date upon which the native trees
were removed.
as tree and vegetation
removal.
prior to issuance of grading
permits and the onset of
construction for each phase.
Replacement plants shall be
monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
shall not be provided during the
final two years of monitoring.
Manager; City of
San Luis Obispo
Community
Development
Department.
BIO-2(c) Froom Ranch Way Bridge Design to Avoid
Riparian Areas. The Froom Ranch Way Bridge crossing
footings shall be placed outside mapped riparian areas. The
placement of the bridge and footings shall be indicated on
the Development Plan, VTTM, and HMMP, and shall show
the bridge’s placement in relation to existing vegetation and
the bed and bank of Prefumo Creek.
Tree and vegetation removal
associated with the
construction of the Froom
Ranch Way Bridge crossing
shall be replaced during or
immediately subsequent to
completion of that project
component.
The City shall review and
approve the HMMP for
compliance prior to issuance of
grading permits and the onset of
construction for each phase, as
well as the onset of construction
of the Froom Ranch Way Bridge
crossing. The applicant shall
submit annual documentation to
the City and appropriate
agencies demonstrating
compliance with HMMP
requirements. The City shall
review and approve the final
Froom Ranch Way Bridge
crossing design for compliance
prior to issuance of grading
permits. Replacement plants
shall be monitored by a qualified
biologist for 5 years with a goal
of at least 70 percent survival at
the end of the 5-year period.
Supplemental irrigation may be
provided during years 1 to 3;
however, supplemental watering
City of San Luis
Obispo Natural
Resources
Manager; City of
San Luis Obispo
Community
Development
Department.
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Compliance Verification
Initial Date Comments
shall not be provided during the
final two years of monitoring.
Cultural Resources
CR-1(a) Historical Structure Relocation and
Reconstruction Plan. In order to implement Specific Plan
Policy 2.5, a relocation and reconstruction plan for the
former spectator’s barn/viewing stand, main residence, and
main barn shall be developed by a qualified historic
architect. The plan shall include a structural/architectural
report documenting existing integrity and conditions and
include detailed treatment methods and measures to ensure
that historic integrity is retained and that all identified
character defining features will be preserved.
The project applicant shall
prepare the relocation and
reconstruction plan for the
main residence and the
spectators’ barn/viewing
stand to the satisfaction of the
Community Development
Director prior to the issuance
of project grading permits.
Project grading plans shall
detail phasing and include
sufficient detail to
demonstrate the sequencing
and completion of the
relocation and reconstruction
plan.
The City shall confirm
completion of and approve the
relocation and reconstruction
plan and archival
documentation. The City shall
also review applicable plans for
compliance with
recommendations of the
relocation and reconstruction
plan and periodically inspect
the site to ensure compliance.
City of San Luis
Obispo
Community
Development
Director.
CR-1(b) Archival Documentation of Historic Buildings.
The applicant shall provide archival documentation of the
San Luis Ranch Complex in as-built and as-found condition
in the form of an Historic American Building Survey (HABS)
Level II documentation. The documentation shall comply
with the Secretary of the Interior’s Standards for
Architectural and Engineering Documentation (NPS 1990),
and shall include large-format photographic recordation,
detailed historic narrative report, and compilation of historic
research. The documentation shall be completed by a
qualified architectural historian or historian who meets the
Secretary of the Interior’s Professional Qualification
Standards for History and/or Architectural History (NPS
1983). The original archival-quality documentation shall be
offered as donated material to the History Center of San Luis
Obispo County. Archival copies of the documentation shall
also be submitted to the San Luis Obispo County Library.
The applicant shall complete
archival documentation of the
San Luis Ranch Complex
prior to the removal,
relocation, reconstruction,
and/or demolition of the
structures on the project site
to the satisfaction of the
Community Development
Director.
The City shall confirm
completion of and approve the
archival documentation. The
City shall confirm submittal of
the documentation to the
History Center of San Luis
Obispo County and the San
Luis Obispo County Library.
City of San Luis
Obispo
Community
Development
Director.
CR-1(c) Informational Display of Historic Resources. A
retrospective interpretive display detailing the history of the
San Luis Ranch Complex and the project site, its
significance, and its important details and features shall be
developed by the applicant. The information should be
incorporated into a publicly-accessed building on the project
The applicant shall develop
and install an informational
display of the site’s identified
historical resources prior to
opening of the Agricultural
Heritage Facilities and
The information display shall
be prepared in accordance with
recommendations of a qualified
historic consultant and shall be
approved by the Community
City of San Luis
Obispo
Community
Development
Director.
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Responsible
Agency or Party
Compliance Verification
Initial Date Comments
site, such as the proposed Agricultural Heritage Facilities
and Learning Center, or a publicly-accessed outdoor
location. The display shall include images and details from
the HABS documentation described in Mitigation Measure
CR-1(b) and any collected research pertaining to the historic
property. The content shall be prepared by a qualified
architectural historian or historian who meets the Secretary
of the Interior’s Professional Qualification Standards for
History and/or Architectural History (NPS 1983).
Learning Center to the public. Development Director.
CR-2(a) Retain a Qualified Principal Investigator. In
accordance with Conservation and Open Space Policies
3.5.6 and 3.5.7, a qualified principal investigator, defined as
an archaeologist who meets the Secretary of the Interior’s
Standards for professional archaeology (hereafter qualified
archaeologist), shall be retained to carry out all mitigation
measures related to archaeological resources.
Monitoring shall involve inspection of subsurface
construction disturbance at or in the immediate vicinity of
known sites, or at locations that may harbor buried
resources that were not identified on the site surface. A
Native American monitor shall also be present because the
area is a culturally sensitive location. The monitor(s) shall be
on-site on a full-time basis during earthmoving activities,
including grading, trenching, vegetation removal, or other
excavation activities.
The project applicant shall
retain a qualified principal
investigator prior to the
issuance of grading permits.
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified principal investigator.
City of San Luis
Obispo
Community
Development
Department.
CR-2(b) Unanticipated Discovery of Archaeological
Resources. In the event that archaeological resources are
exposed during construction, all work shall be halted in the
vicinity of the archaeological discovery until a qualified
archaeologist can visit the site of discovery and assess the
significance of the cultural resource. In the event that any
artifact or an unusual amount of bone or shell is encountered
during construction, work shall be immediately stopped and
relocated to another area. The lead agency shall stop
construction within 100 feet of the exposed resource until a
qualified archaeologist/paleontologist can evaluate the find
(see 36 CFR 800.11.1 and CCR, Title 14, Section
15064.5[f]). Examples of such cultural materials might
include: ground stone tools such as mortars, bowls, pestles,
and manos; chipped stone tools such as projectile points or
choppers; flakes of stone not consistent with the immediate
geology such as obsidian or fused shale; historic trash pits
containing bottles and/or ceramics; or structural remains. If
The project applicant shall
retain a qualified Native
American monitor prior to the
issuance of grading permits.
The requirement that
construction work be stopped
in the event of discovery of
archaeological resources
shall be included on
construction plans prior to the
issuance of grading permits.
The City shall confirm the
qualifications of and approve
the applicant’s choice of a
qualified Native American
monitor. The City shall also
inspect the site periodically
during grading and demolition
to ensure compliance with this
measure. The City shall review
construction plans and
periodically inspect project
construction to ensure
compliance with this measure.
City of San Luis
Obispo
Community
Development
Department.
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Compliance Verification
Initial Date Comments
the resources are found to be significant, they must be
avoided or will be mitigated consistent with State Historic
Preservation Office (SHPO) Guidelines.
Geology and Soils
GEO-1 Earthquake and Ground Acceleration Design and
Construction Measures. Design and construction of the
buildings, roadway infrastructure and all subgrades shall be
specifically proportioned to resist Design Earthquake Ground
Motions (Design amax) of SD1=0.481 and SDS=0.832 and
engineered to withstand Maximum Considered Earthquake
(MCE) peak ground acceleration (PGAM) equal to 0.519 g,
as described in the Soils Engineering Report for the project
(GeoSolutions, Inc., 2015). The design should take into
consideration the soil type, potential for liquefaction, and the
most current and applicable seismic attenuation methods
that are available.
These requirements shall be
incorporated into project
design plans submitted for
approval before the issuance
of grading and building
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.
City of San Luis
Obispo
Community
Development
Department.
GEO-2 Operational Seismic Safety Requirement. For
retail stores included in the project, goods for sale may be
stacked no higher than 8 feet from the floor in any area
where customers are present, unless provisions are made to
prevent the goods from falling during an earthquake of up to
7.5 magnitude. The stacking or restraint methods shall be
reviewed and approved by the City before approval of
occupancy permits, and shall be a standing condition of
occupancy.
These requirements shall be
incorporated into project site
plans submitted for approval
before the approval of final
development plan.
The Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance.
City of San Luis
Obispo
Community
Development
Department.
GEO-3 Geotechnical Design. The project plans and
specifications shall include the geotechnical
recommendations included in the Soils Engineering Report,
prepared by GeoSolutions, Inc. on May 29, 2015.
Recommendations therein that shall be incorporated into the
final project building plans include specification for the
following components of development preparation and
design:
• Building Pad Preparation
• Paved Areas Preparation
• Pavement Design
• Interlocking Concrete Pavers
• Conventional Foundations
• Post-Tensioned Slabs
• Slab-On-Grade Construction
• Retaining Walls
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved
plans prior to occupancy
clearance. Community
Development staff shall verify
installation in accordance with
approved building plans.
City of San Luis
Obispo
Community
Development
Department.
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and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
• Exterior Concrete Flatwork
Hazards and Hazardous Materials
HAZ-4 Soil Sampling and Remediation. Prior to issuance
of any grading permits, a contaminated soil assessment
shall be completed in the portions of land to be graded for
development. Soil samples shall be collected under the
supervision of a professional geologist or environmental
professional to determine the presence or absence of
contaminated soil in these areas. The sampling density shall
be in accordance with guidance from San Luis Obispo
County Environmental Health Services, so as to define the
volume of soil that may require remediation. Laboratory
analysis of soil samples shall be analyzed for the presence
of organochlorine pesticides, in accordance with EPA Test
Method SW8081A, and heavy metals in accordance with
EPA Test Methods 6010B and 7471A. If soil sampling
indicates the presence of pesticides or heavy metals
exceeding applicable environmental screening levels, the
soil assessment shall identify the volume of contaminated
soil to be excavated.
If concentrations of contaminants exceed EPA action levels
and therefore warrant remediation, contaminated materials
shall be remediated either prior to concurrent with
construction and an Environmental Site Assessment (ESA)
shall be prepared. Cleanup may include excavation,
disposal, bio-remediation, or any other treatment of
conditions subject to regulatory action. All necessary reports,
regulations and permits shall be followed to achieve cleanup
of the site. The contaminated materials shall be remediated
under the supervision of an environmental consultant
licensed to oversee such remediation and under the
direction of the lead oversight agency. The remediation
program shall also be approved by a regulatory oversight
agency, such as the San Luis Obispo County Environmental
Health Services, the Regional Water Quality Control Board
(RWQCB), or DTSC. All proper waste handling and disposal
procedures shall be followed. Upon completion of the
remediation, the environmental consultant shall prepare a
report summarizing the project, the remediation approach
implemented, and the analytical results after completion of
the remediation, including all waste disposal or treatment
manifests.
The contaminated soils
assessment and remediation
program, if necessary, shall
be submitted and approved
by the City’s Community
Development Department and
applicable regulatory
oversight agency prior to the
issuance of project grading
permits.
As applicable, the Community
Development Department shall
ensure implementation of a
remediation program according
to the measures included
therein and as approved by a
regulatory oversight agency.
City of San Luis
Obispo
Community
Development
Department.
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Compliance Verification
Initial Date Comments
HAZ-6 HAZ-6 Naturally Occurring Asbestos Exposure
Avoidance and Minimization:
a. Prior to earthwork activities, a site-specific health and
safety plan shall be developed per California
Occupational Safety and Health Administration
(CalOSHA) requirements. The plan shall include
appropriate health and safety measures if NOA is
detected in soil or bedrock beneath the project site. All
construction workers that have the potential to come
into contact with contaminated soil/bedrock and
groundwater shall be knowledgeable of the
requirements in the health and safety plan, which
includes proper training and personal protective
equipment. The health and safety plan shall prescribe
appropriate respiratory protection for construction
workers.
b. Prior to beginning construction, a soil and bedrock
analysis for asbestos using polarized light microscopy
and transmission electron microscopy by a qualified
laboratory shall be conducted. Samples of soil shall be
collected from multiple locations across the site, and
bedrock samples shall be collected from locations
where excavation into bedrock is anticipated. If NOA is
detected, appropriate regulations pertaining to
excavation, removal, transportation, and disposal of
NOA shall be followed. The sampling strategy shall
take into account the locations of potential source
areas, and the anticipated lateral and vertical
distribution of contaminants in soil and/or groundwater.
The results of the investigation shall be documented in
a report that is signed by a California Professional
Geologist. The report shall include recommendations
based upon the findings for additional
investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and
dispose, groundwater and/or soil vapor extraction, or in
situ bioremediation).
c. During earthwork activities, appropriate procedures
shall be incorporated in the event that NOA is detected
in soil or bedrock beneath the project site. These
procedures shall be followed to eliminate or minimize
construction worker or general public exposure to
potential contaminants in soil. Procedures shall include
efforts to control fugitive dust, contain and cover
The measures to avoid and
minimize exposure to NOA
shall be included on project
grading and building plans,
and submitted to and
approved by the City’s
Community Development
Department and, as
applicable, California
Professional Geologist prior to
the issuance of project
grading and building permits.
As applicable, the Community
Development Department shall
ensure implementation of
avoidance and minimization
measures included therein and
as approved by a California
Professional Geologist.
City of San Luis
Obispo
Community
Development
Department.
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Responsible
Agency or Party
Compliance Verification
Initial Date Comments
excavation debris piles, appropriate laboratory analysis
of soil for waste characterization, and segregation of
contaminated soil from uncontaminated soil. The
applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated
soil shall be followed (e.g., tarping of trucks and waste
manifesting). These procedures may be subject to San
Luis Obispo APCD requirements under the California
ARB ATCM for Construction, Grading, Quarrying, and
Surface Mining Operations.
Hydrology and Water Quality
HWQ-1(a) Stormwater Pollution Prevention Plan. All
required actions shall be implemented pursuant to a SWPPP
and SWMP to be prepared by the project applicant and
submitted by the City to the Regional Water Quality Control
Board under the NPDES Phase II program. At a minimum,
the SWPPP/SWMP shall including the following BMPs:
• The use of sandbags, straw bales, and temporary de-
silting basins during project grading and construction
during the rainy season to prevent discharge of
sediment-laden runoff into stormwater facilities;
• Revegetation as soon as practicable after completion of
grading to reduce sediment transport during storms;
• Installation of straw bales, wattles, or silt fencing at the
base of bare slopes before the onset of the rainy
season (October 15th through April 15th);
• Installation of straw bales, wattles, or silt fencing at the
project perimeter and in front of storm drains before the
onset of the rainy season (October 15th through April
15th); and/or
• Alternative BMPs as approved by the RWQCB as part
of the SWPPP submittal.
The project applicant shall
prepare a SWPPP and SWMP
that identifies construction-
related staging and
maintenance areas, and at a
minimum, the BMPs identified
in Mitigation Measure HWQ-
1(a). The SWPPP and notices
shall be submitted for review
and approval by the City prior
to the initiation of construction.
The SWPPP/SWMP shall be
designed to address erosion
and sediment control during all
phases of development of the
site until all disturbed areas are
permanently stabilized.
The City shall ensure
compliance with the SWPPP. A
Geotechnical Engineer or an
Engineering Geologist shall be
made available to monitor
technical aspects of the grading
activities, including installation of
the drainage outlets and
associated headwalls and
aprons. The City shall also
inspect the site during grading to
monitor runoff and after
conclusion of grading activities.
City of San Luis
Obispo
Community
Development
Department.
HWQ-1(b) Berms and Basins. As specified in the SWPPP,
the applicant shall be required to manage and control runoff
by constructing temporary berms, sediment basins, runoff
diversions, or alternative BMP’s as approved by the RWQCB
as part of the SWPPP submittal, in order to avoid
unnecessary siltation into local streams during construction
activities where grading and construction shall occur in the
vicinity of such streams.
The applicant shall include
required berms and basins on
project design plans which
must be reviewed and
approved by the City prior to
the approval of the VTTM.
The City shall ensure
compliance with runoff control
requirements. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
berms and basins. The City
City of San Luis
Obispo
Community
Development
Department.
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Responsible
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Compliance Verification
Initial Date Comments
• Berms and basins shall be constructed when grading
commences and be periodically inspected and
maintained. The project applicant shall sufficiently
document, to the CCRWQCB satisfaction, the proper
installation of such berms and basins during grading.
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.
HWQ-1(c) Concept Grading Plan and Master Drainage
Plan. As specified in the SWPPP and the City’s Floodplain
Management Regulations, the applicant shall be required to
submit a Grading Plan and Master Drainage Plan to the
Planning Division and City Public Works Director for
approval prior to approval of the VTTM. The grading and
drainage plans shall be designed to minimize erosion and
water quality impacts, to the extent feasible, and shall be
consistent with the project’s SWPPP. The plans shall include
the following:
a. Graded areas shall be revegetated with deep-rooted,
native, non-invasive drought tolerant species to
minimize slope failure and erosion potential. Geotextile
fabrics shall be used if necessary to hold slope soils
until vegetation is established;
b. Temporary storage of construction equipment shall be
limited to a minimum of 100 feet away from drainages
on the project site; and
c. Erosion control structures shall be installed.
d. Demonstrate peak flows and runoff for each phase of
construction.
e. Be coordinated with habitat restoration efforts, including
measures to minimize removal of riparian and wetland
habitats and trees (Mitigation Measures BIO-2[a] and
BIO-2[b]).
f. Grading and drainage plans shall be submitted for
review and approval by the Planning Division. The
applicant shall ensure installation of erosion control
structures prior to beginning of construction of any
structures, subject to review and approval by the City.
The project applicant shall
prepare a Grading Plan and
Master Drainage Plan. The
Grading Plan and Master
Drainage Plan shall be
submitted for review and
approval by the City prior to
the approval of the VTTM. The
grading and drainage plans
shall be designed to minimize
erosion and water quality
impacts, to the extent
feasible, and shall be
consistent with the project’s
SWPPP.
The City shall ensure
compliance with the grading and
drainage plans. A Geotechnical
Engineer or an Engineering
Geologist shall be made
available to monitor technical
aspects of the grading activities,
including installation of the
drainage outlets and associated
headwalls and aprons. The City
shall also inspect the site during
grading to monitor runoff and
after conclusion of grading
activities.
City of San Luis
Obispo
Community
Development
Department.
HWQ-3(a) Stormwater Quality Treatment Controls. BMP
devices shall be incorporated into the stormwater quality
system depicted in the Master Drainage Plan (refer to
Mitigation Measure HWQ-1[c]). The final design of the
stormwater quality system shall be reviewed and approved
by the City.
BMP devices shall be
incorporated into the
stormwater quality system
depicted in the Master
Drainage Plan (refer to
Mitigation Measure HWQ-
1[c]). The final design of the
The applicant shall demonstrate
inclusion of BMPs within the
VTTM, Utilities Plan, and Master
Drainage Plan, which shall be
submitted for review and
approval by the City prior to
Development Plan approval and
City of San Luis
Obispo
Community
Development
Department and
Public Works
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Responsible
Agency or Party
Compliance Verification
Initial Date Comments
The Master Drainage Plan shall contain the following
relevant BMPs:
• Vegetated bioswales to reduce sediment and
particulate forms of metals and other pollutants along
corridors of planted grasses.
• Vegetated buffer strips to reduce sediment and
particulate forms of metals and nutrients.
stormwater quality system
shall be reviewed and
approved by the City.
VTTM recordation. Department.
HWQ-3(b) Stormwater BMP Maintenance Manual. The
project applicant shall prepare a development maintenance
manual for the stormwater quality system BMPs (refer to
Mitigation Measure HWQ-3[a]). The maintenance manual
shall include detailed procedures for maintenance and
operations of all stormwater facilities to ensure long-term
operation and maintenance of post-construction stormwater
controls. The maintenance manual shall require that
stormwater BMP devices be inspected, cleaned, and
maintained in accordance with the manufacturer’s
maintenance specifications. The manual shall require that
devices be cleaned prior to the onset of the rainy season
(i.e., October 15th) and immediately after the end of the
rainy season (i.e., May 15th). The manual shall also require
that all devices be checked after major storm events.
The project applicant shall
prepare a development
maintenance manual for the
stormwater quality system
BMPs according to the
specifications in this
measure.
The maintenance manual shall
be submitted for review and
approval by the City prior to
Development Plan approval and
VTTM recordation.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
HWQ-3(c) Stormwater BMP Semi-Annual Maintenance
Report. The property manager(s) or acceptable
maintenance organization shall submit to the City of San
Luis Obispo Public Works Department a detailed report
prepared by a licensed Civil Engineer addressing the
condition of all private stormwater facilities, BMPs, and any
necessary maintenance activities on a semi-annual basis
(October 15th and May 15th of each year). The requirement
for maintenance and report submittal shall be recorded
against the property.
The property manager(s) or
acceptable maintenance
organization shall submit to
the City of San Luis Obispo
Public Works Department a
detailed report prepared by a
licensed Civil Engineer
addressing the condition of all
private stormwater facilities,
BMPs, and any necessary
maintenance activities on a
semi-annual basis (October
15th and May 15th of each
year)
The maintenance reports shall
be submitted for review and
approval by the City on a semi-
annual basis and shall be
included with the VTTM
recordation.
City of San Luis
Obispo
Community
Development
Department and
Public Works
Department.
HWQ-4 Conditional Letter of Map Revision/Letter of Map
Revision. The applicant, in conjunction with the City of San
Luis Obispo, shall prepare the CLOMR application and
obtain a LOMR from FEMA.
The applicant shall prepare the
CLOMR application and
submit it to FEMA.
The City will confirm that FEMA
has approved the CLOMR prior
to issuance of a grading permit,
and LOMR prior to occupancy.
City of San Luis
Obispo
Community
Development
Department.
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Compliance Verification
Initial Date Comments
Noise
N-1(a) Construction Vehicle Travel Route. Construction
vehicles and haul trucks shall utilize roadways which avoid
residential neighborhoods and sensitive receptors where
possible. The applicant shall submit a proposed construction
vehicle and hauling route for City review and approval prior
to grading/building permit issuance. The approved
construction vehicle and hauling route shall be used for soil
hauling trips prior to construction as well as for the duration
of construction.
Construction plans shall note
construction hours and truck
routes, and shall be submitted
to the City for approval prior to
grading and building permit
issuance for each project
phase. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
City of San Luis
Obispo
Community
Development
Department.
N-1(b) Construction Activity Timing. 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 daily between the hours of 7:00 PM and 7:00
AM, or any time on Sundays, holidays, or after sunset, such
that the sound creates a noise disturbance that exceeds 75
dBA for single family residential, 80 dBA for multi-family
residential, and 85 dBA for mixed residential/commercial
land uses across a residential or commercial property line.
Construction plans shall note
construction hours and shall
be submitted to the City for
approval prior to grading and
building permit issuance for
each project phase. Schedule
and neighboring property
owner notification mailing list
shall be submitted 10 days
prior to initiation of any earth
movement. The Community
Development department shall
confirm that construction noise
reduction measures are
incorporated in plans prior to
approval of grading/building
permit issuance.
All construction workers shall
be briefed at a pre-
construction meeting on
construction hour limitations. A
workday schedule will be
adhered to for the duration of
construction for all phases.
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
City of San Luis
Obispo
Community
Development
Department.
N-1(c) Construction Equipment Best Management
Practices (BMPs). For all construction activity at the project
site, noise attenuation techniques shall be employed to
ensure that noise levels are maintained within levels allowed
Construction plans shall note
construction Best
Management Practices
(BMPs) and shall be submitted
City staff shall ensure
compliance throughout all
construction phases. Building
inspectors and permit
City of San Luis
Obispo
Community
Development
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Responsible
Agency or Party
Compliance Verification
Initial Date Comments
by the City of San Luis Obispo Municipal Code, Title 9,
Chapter 9.12 (Noise Control). Such techniques shall include:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise
levels above 65 dBA at the project boundaries shall be
shielded with barriers that meet a sound transmission
class (a rating of how well noise barriers attenuate
sound) of 25.
• All diesel equipment shall be operated with closed
engine doors and shall be equipped with factory-
recommended mufflers.
• For stationary equipment, the applicant shall designate
equipment areas with appropriate acoustic shielding on
building and grading plans. Equipment and shielding
shall be installed prior to construction and remain in the
designated location throughout construction activities.
• Electrical power shall be used to power air compressors
and similar power tools.
• 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 7:00 AM and 7:00 PM, Monday through
Saturday. No movement of heavy equipment shall
occur on Sundays or official holidays (e.g.,
Thanksgiving, Labor Day).
• Temporary sound barriers shall be constructed between
construction sites and affected uses.
to the City for approval prior to
grading and building permit
issuance for each project
phase. BMPs shall be
identified and described for
submittal to the City for review
and approval prior to building
or grading permit issuance.
BMPs shall be adhered to for
the duration of the project. The
applicant shall provide and
post signs stating these
restrictions at construction site
entries. Signs shall be posted
prior to commencement of
construction and maintained
throughout construction.
Schedule and neighboring
property owner notification
mailing list shall be submitted
10 days prior to initiation of
any earth movement. The
Community Development
department shall confirm that
construction noise reduction
measures are incorporated in
plans prior to approval of
grading/building permit
issuance.
All construction workers shall
be briefed at a pre-
construction meeting on how,
why, and where BMP
measures are to be
implemented. A workday
schedule will be adhered to for
the duration of construction for
all phases.
compliance staff shall
periodically inspect the site for
compliance with activity
schedules and respond to
complaints.
Department.
N-4(a) HVAC Equipment. Retail HVAC equipment shall be
shielded and located on building rooftops, or a minimum of
100 feet from the nearest residential property line.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
ensure development is in
City of San Luis
Obispo
Community
Development
Department.
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Compliance Verification
Initial Date Comments
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
N-4(b) Parking Lot/Loading Dock Orientation and Noise
Barrier. If parking areas or loading docks would be located
within 250 feet of the residential properties to the west, a
masonry noise barrier shall be installed along the eastern
boundary of the proposed residences adjacent to the
commercial land use area on the eastern portion of the
project site. The noise barrier shall be constructed of any
masonry material with a surface density of at least three
pounds per square foot, and shall have no openings or gaps.
These requirements shall be
incorporated into project site
plans submitted for approval
before the issuance of grading
and building permits.
The Community Development
Department shall verify
compliance prior to issuance of
operating permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify compliance in
accordance with approved
building plans.
City of San Luis
Obispo
Community
Development
Department.
N-5(a) Interior Noise Reduction. The project applicant shall
implement the following measures, or similar combination of
measures, which demonstrate that interior noise levels in
proposed residences adjacent to Froom Ranch Way and
Madonna Road, hotel, and offices would be reduced below
the City’s 45 dBA CNEL interior noise standard. The
required interior noise reduction shall be achieved through a
combination of standard interior noise reduction techniques,
which may include (but are not limited to):
• In order for windows and doors to remain closed,
mechanical ventilation such as air conditioning shall be
provided for all units (Passive ventilation may be
provided, if mechanical ventilation is not necessary to
achieve interior noise standards, as demonstrated by a
qualified acoustical consultant).
• All exterior walls shall be constructed with a minimum
STC rating of 50, consisting of construction of 2 inch by
4 inch wood studs with one layer of 5/8 inch Type “X”
gypsum board on each side of resilient channels on 24
inch centers and 3 ½ inch fiberglass insulation.
• All windows and glass doors shall be rated STC 39 or
higher such that the noise reduction provided will
satisfy the interior noise standard of 45 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
City of San Luis
Obispo
Community
Development
Department.
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Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
• An acoustical test report of all the sound-rated windows
and doors shall be provided to the City for review by a
qualified acoustical consultant to ensure that the
selected windows and doors in combination with wall
assemblies would reduce interior noise levels
sufficiently to meet the City’s interior noise standard.
• All vent ducts connecting interior spaces to the exterior
(i.e., bathroom exhaust, etc.) shall have at least two 90
degree turns in the duct.
• All windows and doors shall be installed in an
acoustically-effective manner. Sliding window panels
shall form an air-tight seal when in the closed position
and the window frames shall be caulked to the wall
opening around the perimeter with a non-hardening
caulking compound to prevent sound infiltration.
Exterior doors shall seal air-tight around the full
perimeter when in the closed position.
The applicant shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific interior noise reduction
techniques included in residential, hotel, and office
components of the project would achieve interior noise
levels that would not exceed 45 dBA CNEL.
N-5(b) Residential Outdoor Activity Area Noise
Attenuation. Outdoor activity areas (e.g., patios and hotel
pool areas) associated with shared multifamily residential
recreational spaces, hotel, commercial, and office uses shall
be protected from sound intrusion so that they meet the
City’s exterior standard of 60 dBA CNEL. Outdoor activity
areas shall be oriented away from traffic noise such that
intervening buildings reduce traffic noise or shall include
noise barriers capable of reducing traffic noise levels to meet
the City’s exterior standard. Hotel pool areas shall be
located a minimum of 500 feet from the U.S. 101 right-of-
way. Noise barriers may be constructed of a material such
as tempered glass, acrylic glass, or masonry material with a
surface density of at least three pounds per square foot, and
shall have no openings or gaps. The applicant shall submit a
report to the Community Development Department by a
qualified acoustic consultant certifying that the specific
outdoor noise reduction techniques in combination with the
orientation of outdoor activity areas of shared multifamily
residential recreational spaces, hotel, commercial, and
offices would achieve exterior noise levels that would not
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
City of San Luis
Obispo
Community
Development
Department.
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and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
exceed 60 dBA CNEL.
N-5(c) Froom Ranch Way Noise Barrier. A masonry noise
barrier or alternative barrier, such as a landscaped berm,
shall be installed along the southern property line of
residential lots that abut Froom Ranch Way to protect
outdoor activity areas (patios and pools) at these residences
from sound intrusion from traffic along Froom Ranch Way.
The noise barrier or berm shall provide, at minimum, a 6 foot
high barrier between Froom Ranch Way and the neighboring
residences from the final grade of whichever use (i.e., Froom
Ranch Way or residences) has a higher final elevation. If a
masonry noise barrier is implemented, the noise barrier shall
be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall
have no openings or gaps. If an alternative material is used,
the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant certifying that the specific exterior noise reduction
techniques included would achieve exterior noise levels that
would not exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
City of San Luis
Obispo
Community
Development
Department.
N-5(d) U.S. Highway 101 Noise Barrier at Hotel. If the
hotel includes an outdoor activity area (such as a patio or
pool) a masonry noise barrier or alternative barrier, such as
berms, landscaping, or glass, must be installed along the
eastern property line of the hotel where it abuts the U.S. 101
right of way to protect these outdoor activity areas from
sound intrusion from traffic along U.S. 101. If a masonry
noise barrier is implemented, the noise barrier shall provide,
at minimum, an 8 foot high barrier between U.S. 101 and the
hotel from the final grade of whichever use (i.e., U.S. 101 or
hotel) has a higher final elevation. Such a noise barrier shall
be constructed of any masonry material with a surface
density of at least three pounds per square foot, and shall
have no openings or gaps. If an alternative material is used,
the developer shall submit a report to the Community
Development Department by a qualified acoustical
consultant demonstrating that the specific exterior noise
reduction techniques included in the hotel component of the
project would achieve exterior noise levels that would not
exceed 60 dBA CNEL.
These requirements shall be
incorporated into all
construction documents
submitted for approval before
the issuance of grading
permits.
The Community Development
Department shall verify
compliance prior to issuance of
grading permits. The
Community Development
Department shall site inspect to
ensure development is in
accordance with approved plans
prior to occupancy clearance.
Community Development staff
shall verify installation in
accordance with approved
building plans.
City of San Luis
Obispo
Community
Development
Department.
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Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Recreation
REC-1 Parkland In-lieu Fees. The project applicant shall
pay parkland in-lieu fees in accordance with the City’s
parkland in-lieu fee program for the parkland shortage. The
project’s specific fee shall be determined by the City at the
time of project approval, after accounting for parkland
provided within the San Luis Ranch Specific Plan Area. The
in-lieu fees collected from the project shall be directed to
new projects or improvements to existing parks and
recreation facilities within the City of San Luis Obispo parks
system.
The project applicant shall
pay parkland in-lieu fees in
accordance with the City’s
parkland in-lieu fee program
prior to Development Plan
approval.
The Parks and Recreation
Department shall verify
compliance prior to Plan
approval.
City of San Luis
Obispo Parks
and Recreation
Department.
Transportation
Madonna Road & Dalidio Drive/Prado Road Intersection
1. Extend existing westbound left turn lane on Madonna
Road to Dalidio Drive/Prado Road to 310’
2. Install 2nd westbound 310’ left turn lane on Madonna
Road to Dalidio Drive/Prado Road
3. Install eastbound 250’ right turn pocket on Madonna
Road to Dalidio Drive/Prado Road
4. Install 2nd northbound left shared with through-lane on
Prado Road/Dalidio Drive to Madonna Road
5. Prohibit westbound U-turns on Madonna Road
6. Provide split phase operations & optimize signal timing
Implementation of
improvements shall occur prior
to building permits or
occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Los Osos Valley Road & Froom Ranch Way Intersection
1. Install dedicated 230’ right turn lane on northbound
Froom Ranch Way approach to Los Osos Valley Road
2. Extend right turn lane on southbound Froom Ranch Way
approach to Los Osos Valley Road to 110’
3. Install 2nd southbound left turn lane on Froom Ranch
Way approach to eastbound Los Osos Valley Road
Implementation of
improvements shall occur with
Froom Bridge construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Los Osos Valley Road & Auto Parkway Intersection
1. Pay Fair Share Impact fees for Signalization
(Prior to Building Permits or Occupancy)
2. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
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Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Luis Ranch Development Agreement).
3. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director
(Prior to Building Permits or Occupancy)
occupancy.
Los Osos Valley Road & U.S. 101 Southbound Off Ramp
1. Extend off ramp left turn lane to 320’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Los Osos Valley Road & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
Madonna & U.S. 101 Southbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
3. Extend northbound Madonna Road left turn lane to 150’
(Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP and Madonna ramp
extension to be established
prior to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
Madonna & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as established
in San Luis Ranch Development Agreement).
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
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and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
TDMP to be established prior
to building permits or
occupancy.
Madonna & Higuera Street
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
Madonna & Los Osos Valley Road
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
Higuera Street & Tank Farm Road
1. Pay Fair share costs and dedicate necessary
ROW for construction of the Prado Road
Overpass & NB Ramps (Timing & Amount of
Fair Share Payments as established in San
Luis Ranch Development Agreement).
2. Develop a Travel Demand Management Plan
consistent with section 2.4.3 and to the
satisfaction of the Public Works Director (Prior
to Building Permits or Occupancy)
3. Extend northbound right turn pocket to 230’
and channelize movement (Prior to Building
Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP and extended NB right
turn pocket to be completed
prior to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees. City Public Works staff
shall ensure implementation of
these improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
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Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
Prado Road & Higuera Street Intersection
1. Install 2nd U.S. 101 northbound left turn lane
2. Extend westbound right turn pocket to 400’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Los Osos Valley Road & Higuera Street
1. Extend eastbound right turn lane to 180’
Implementation of
improvements shall occur by
building permits or occupancy.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Install Multilane Roundabout at Prado/Dalidio & Froom
Intersection
Implementation of
improvements shall occur with
Prado/Dalidio Road
construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Install Multilane Roundabout Control or Restricted
Access at Prado Road/Dalidio Drive & Project Driveways
Implementation of
improvements shall occur with
Prado/Dalidio construction.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
Parallel Class I Multiuse Paths or Bike Boulevard
Fair Share Payment:
1. Higuera Street (Madonna Road to Prado Road)
2. Los Osos Valley Road (Madonna Road to Higuera
Street)
3. Madonna Road (Los Osos Valley Road to Higuera
Street)
Construct:
4. Prado Road/Dalidio Drive (Froom Ranch Way to
Higuera Street)
Payment of fair share for
implementation identified
improvements shall occur per
Development Agreement.
Implementation of Prado
Road/Dalidio Drive
improvement shall occur with
Prado construction.
City Public Works staff shall
ensure implementation of this
measure.
City of San Luis
Obispo Public
Works
Department.
City Transit Headway Optimization
1. Fund assessment of decreasing traffic headways to 25
min
Implementation of
improvements shall be
ongoing as determined
necessary by City Public
Works.
City Public Works staff shall
ensure implementation of these
improvements following
approval of the final design
plans for the Specific Plan Area.
City of San Luis
Obispo Public
Works
Department.
City Signal Timing Optimization Implementation of
improvements shall be
City Public Works staff shall
ensure implementation of these
City of San Luis
Obispo Public
PACKET PAGE 397
11
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated June 2018)
City of San Luis Obispo 40
Mitigation Measure/Condition of Approval
Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
ongoing as determined
necessary by City Public
Works.
improvements following
approval of the final design
plans for the Specific Plan Area.
Works
Department.
Traffic Calming and/or Reconfiguration of New
Neighborhood Streets
The project applicant shall
include neighborhood traffic
circles at key intersections and
traffic-calming features on final
design plans for development
within the Specific Plan Area.
City Public Works staff shall
confirm inclusion of
neighborhood traffic circles at
key intersections and traffic-
calming features, and approve
final design plans prior to
issuance of grading permits.
City of San Luis
Obispo Public
Works
Department.
Froom Ranch Way Bridge Construction The Froom Ranch Way
bridge connection shall be
completed prior to any
residential or non-
residential building permits
or occupancy permits.
City Public Works staff shall
confirm implementation of this
measure.
City of San Luis
Obispo Public
Works
Department.
Construction Traffic Management Plan The project applicant shall
submit the construction traffic
management plan for review
and approval by the City prior
to the initiation of construction.
The City shall ensure
compliance with the
construction traffic management
plan through routine monitoring
throughout all phases of project
construction.
City of San Luis
Obispo Public
Works
Department.
Madonna & Los Osos Valley Road
1. City optimize signal timing to accommodate increased
project volumes
Ongoing by City. City Public Works staff shall
monitor timing as needed.
City of San Luis
Obispo Public
Works
Department.
Madonna Road & Oceanaire Drive
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
Higuera Street & South Street
1. City optimize signal timing to accommodate increased
Ongoing by City. City Public Works staff shall
monitor timing as needed.
City of San Luis
Obispo Public
PACKET PAGE 398
11
San Luis Ranch Project EIR
Mitigation Monitoring and Reporting Program (updated June 2018)
City of San Luis Obispo 41
Mitigation Measure/Condition of Approval
Plan Requirements
and Timing Monitoring
Responsible
Agency or Party
Compliance Verification
Initial Date Comments
project volumes Works
Department.
Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
North of Prado & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
North of Madonna & U.S. 101 Northbound Off Ramp
1. Pay Fair share costs and dedicate necessary ROW for
construction of the Prado Road Overpass & NB Ramps
(Timing & Amount of Fair Share Payments as
established in San Luis Ranch Development
Agreement).
2. Develop a Travel Demand Management Plan consistent
with section 2.4.3 and to the satisfaction of the Public
Works Director (Prior to Building Permits or Occupancy)
The developer shall pay fair
share mitigation fees in
accordance with a City-
adopted funding mechanism
consistent with the
Development Agreement.
TDMP to be established prior
to building permits or
occupancy.
City Public Works staff shall
confirm payment of applicable
fees, dedication of ROW, and
completion of TDMP.
City of San Luis
Obispo Public
Works
Department.
PACKET PAGE 399
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O ______
ORDINANCE NO. _____ (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO, A
CHARTER CITY, AND MI SAN LUIS RANCH, LLC
WHEREAS, on April 1, 2014, the City Council authorized the project applicant, now
known as MI San Luis Ranch, LLC (“Applicant”) to initiate an application to develop the San Luis
Ranch (Dalidio) area; and
WHEREAS, the applicant submitted a Specific Plan proposal for a new, primarily
residential development with up to 580 dwelling units (“the Project”) on a 131-acre site northeast
of U.S. Highway 101 and southeast of Madonna Road, known as the San Luis Ranch area. The
Project also includes 150,000 square feet of neighborhood-serving retail, 100,000 square feet of
office, a 200-room hotel and a 2.8-acre park, as well as the preservation of agricultural uses and
open space. The San Luis Ranch Specific Plan (“Specific Plan”) contains the specific development
proposal for the site, including a land use framework, design guidelines and concepts, circulation
plan, and infrastructure plan. The Project as proposed is envisioned to implement the policies and
development parameters as articulated in the Land Use and Circulation Elements (LUCE) update,
other elements of the General Plan, the AASP, and the City’s Community Design Guidelines; and
WHEREAS, on April 1, 2014, the City Council authorized the City Manager to initiate
discussions with the Applicant for a Development Agreement and to execute a third-party
reimbursement Agreement for the Applicant to reimburse the City for the costs of any outside legal
or technical consultants the City may require to assist with the ne gotiation or review of the San
Luis Ranch application for a Development Agreement; and
WHEREAS, the City retained both outside legal and financial consultants to assist with
negotiations and analysis of the proposed development agreement at the Applicant’s expense; and
WHEREAS, the financial analysis prepared for this project concludes that the City will
receive approximately $14,250,000 in extraordinary public benefits from the Development
Agreement; and
WHEREAS, a Final Environmental Impact Report (“FEIR”) dated May 2017 was
prepared analyzing the environmental effects of the proposed development Project; and
WHEREAS, on July 18, 2017, the City Council adopted a resolution certifying the Final
Environmental Report for the Project and adopting CEQA findings and a statement of overriding
considerations and a mitigation monitoring plan; and
WHEREAS, on July 18, 2017, the City Council adopted a resolution approving the San
Luis Ranch Specific Plan and related entitlements, including a Term Sheet intended to form as the
basis for a Development Agreement; and
PACKET PAGE 400
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Ordinance No. _____ (2018 Series) Page 2
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WHEREAS, a Final Supplemental Environmental Impact Report (“FSEIR”) dated June
2018 was prepared analyzing the environmental effects of a revised development Project with
modified phasing from previously approved, and was certified on July 17, 2018; and
WHEREAS, the proposed Development Agreement provides for the orderly development
of the Revised San Luis Ranch Project and outlines the financing mechanisms to fund construction
of the infrastructure, and identifies funds for potential reimbursement for certain infrastructure
costs, requires sustainable building features and technology that have the potential to reduce
greenhouse gas emissions, establishes an on and offsite agricultural mitigation strategy, and
incorporates affordable housing standards that exceed those required under the City’s applicable
housing policies, ordinances and programs; and
WHEREAS, the Development Agreement for the project implements the San Luis Ranch
Specific Plan and related entitlements as evaluated in the certified Final Environment al Impact
Report (“Final EIR”), as well as in the Final Supplemental Environmental Impact Report (“Final
SEIR”), and does not introduce any new potential environmental impacts; and
WHEREAS, the Development Agreement does authorize the project to accelerate
buildout of the project above the phasing schedule so long as in doing so is necessary to facilitate
construction of beneficial public facilities and infrastructure as determined by findings by the
Community Development Director and that the buildout above the cumulative maximum shown
for each year in the phasing schedule will not exceed the City’s Growth Management Ordinance;
and
WHEREAS, an acceleration in the buildout of the project schedule will not introduce any
environmental impacts because: 1) the acreage, boundaries, land use pattern, and density of
development will remain the same as that analyzed in the Final EIR and Final SEIR; 2) project
components such as road improvements that serve to mitigate impacts as well as mitigation
measures identified in the Final EIR and Final SEIR will continue to apply to each component of
development; 4) the cumulative buildout of the project was analyzed in combination with other
projects under development and analyzed with the full buildout of the City as forec asted in the
2014 LUCE General Plan Update and related Final Environmental Impact Report for that project;
and 5) all applicable mitigation measures for each component of development would also be
accelerated to coincide with any phased portion of development under construction; and
WHEREAS, on May 23, 2018 and June 28, 2018, the City's Planning Commission held
duly noticed public hearings on the revised Project and the Development Agreement. On June 28,
2018, the Planning Commission recommended that the City Council: 1) certify the FSEIR, adopt
appropriate updated CEQA findings and Statement of Overriding Considerations, and adopt an
updated Mitigation and Monitoring and Reporting Plan; 2) approve a Specific Plan Amendment;
3)approve the Development Agreement; and
WHEREAS, on July 17, 2018, the City Council adopted a resolution certifying the FSEIR
for the revised Project and adopted CEQA Findings and a Statement of Overriding Considerations
and an updated Mitigation Monitoring and Reporting Plan; and
PACKET PAGE 401
11
Ordinance No. _____ (2018 Series) Page 3
O ______
WHEREAS, the City Council finds that the Development Agreement is consistent with
the objectives, policies, general land uses and programs specified in the General Plan of the City
of San Luis Obispo, as described below, and as further detailed in the accompanying City Council
staff report prepared for this project and the exhibits thereto:
a)The proposed Development Agreement is consistent with the objectives, policies, general
land uses and programs specified in the general plan and any applicable specific plan, in
that Land Use and Circulation Element (LUCE) Policy 8.1.4. SP-2, San Luis Ranch
(Dalidio) Specific Plan Area. Specifically, the project:
i.Provide land and appropriate financial support for development of a Prado Road
connection. Appropriate land to support road infrastructure identified in the Final
Project EIR (overpass or interchange) at this location shall be dedicated as part of
any proposal and any area in excess of the project’s fair share of this facility shall
not be included as part of the project site area used to calculate the required 50%
open space.
ii.Circulation connections to integrate property with surrounding circulation
network for all modes of travel.
iii.Connection to Froom Ranch and Calle Joaquin, if proposed, shall not bifurcate
on- site or neighboring agricultural lands. Any connection to Calle Joaquin shall
be principally a secondary / emergency access by design.
iv.Development shall include a transit hub. Developer shall work with transit
officials to provide express connections to Downtown area.
v.Maintain agricultural views along Highway 101 by maintaining active agricultural
uses on the site, and maintain viewshed of Bishop Peak and Cerro San Luis.
vi.Maintain significant agricultural and open space resources on site. Land dedicated
to Agriculture shall be of size, location and configuration appropriate to maintain
a viable, working agricultural operation.
vii.Where buffering or transitions to agricultural uses are needed to support viability
of the agricultural use, these shall be provided on lands not counted towards the
minimum size for the agriculture / open space component. Provide appropriate
transition to agricultural uses on-site.
viii.Integrate agricultural open space with adjacent SLO City Farm and development
on property.
ix.Site should include walkable retail and pedestrian and bicycle connections to
surrounding commercial and residential areas.
x.Commercial and office uses shall have parking placed behind and to side of
buildings so as to not be a prominent feature.
xi.Neighborhood Commercial uses for proposed residential development shall be
provided.
xii.Potential flooding issues along Prefumo Creek need to be studied and addressed
without impacting off-site uses.
xiii.All land uses proposed shall be in keeping with safety parameters described in
this General Plan or other applicable regulations relative to the San Luis Obispo
Regional Airport.
xiv.Historic evaluation of the existing farm house and associated structures shall be
included.
PACKET PAGE 402
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Ordinance No. _____ (2018 Series) Page 4
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b)Furthermore, the Project is consistent with LUCE’s overall land use policies by providing
community benefits for the area, including but not limited to, affordable and workforce
housing, and contributions that would support transportation, parks and recreation, multi
modal infrastructure, and recycled water infrastructure programs in the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. In addition to the findings set forth in the recitals, which are
incorporated herein by this reference, the City Council hereby finds based on evidence described
above, as follows:
a)The proposed Development Agreement attached hereto as Exhibit “1” is consistent
with the General Plan and the San Luis Ranch Specific Plan, both as adopted in July
2017 and as amended;
b)The proposed Development Agreement complies with zoning, subdivision and other
applicable ordinances and regulations;
c)As described in the recitals above, the proposed Development Agreement promotes
the general welfare, allows more comprehensive land use planning and provides
substantial public benefits and necessary public improvements for the region, making
it in the city’s interest to enter into the Development Agreement with the applicant;
and
d)The proposed San Luis Ranch project and Development Agreement:
i.) Will not adversely affect the health, safety or welfare of persons living or working
in the surrounding area; and
ii.) Will be appropriate at the proposed location and will be compatible with adjacent
land uses.
SECTION 2. Action. The Development Agreement is hereby approved subject to such
minor, confirming and clarifying changes consistent with the terms thereof as may be approved by
the City Manager, in consultation with the City Attorney, prior to the execution thereof.
SECTION 3. Upon the effective date of this Ordinance as provided in Section 7 hereof,
the Mayor and City Clerk are hereby authorized and directed to execute the Development
Agreement and, upon full execution, record the Development Agreement in the Official Records
of San Luis Obispo County.
SECTION 4. The City Manager is hereby authorized and directed to perform all acts
authorized to be performed by the City Manager in the administration of the Development
Agreement pursuant to the terms of the Development Agreement.
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Ordinance No. _____ (2018 Series) Page 5
O ______
SECTION 5. CEQA determination. The City Council hereby finds that the Development
Agreement has been environmentally reviewed pursuant to the provisions of the California
Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and the
City’s local standards. The City prepared an Initial Study and, based on information contained in
the initial study, concluded that there was substantial evidence that the Project might have a
significant environmental impact on certain resources. Pursuant to CEQA Guidelines Section
15064 and 15081, and based upon the information contained in the Initial Study, the City ordered
the preparation of an Environmental Impact Report (“EIR”) for the Project to analyze potential
impacts on the environment. The City Council certified the EIR on July 18, 2017, pursuant to
Resolution No. 10822 (2017 Series) made certain CEQA Findings and determinations and
adopted a Statement of Overriding Considerations and Mitigation and Monitoring Program. The
City Council also certified a Final Supplemental EIR on July 17, 2018, for a revised project,
pursuant to Resolution No. _____ (2018 Series), and made certain CEQA Findings and
determinations and adopted a Statement of Overriding Considerations and updated Mitigation and
Monitoring Program. These documents are incorporated herein by this reference, and made a
part hereof as if fully set forth herein. The City Council finds that accelerated buildout of the
project as authorized by the Development Agreement will not cause any new significant
environmental effects or a substantial increase in the severity of previously identified effects
because, among other things: 1) the acreage and boundaries of each phase of development will
remain the same as that analyzed in the FEIR and FSEIR; 2) buildout development will remain
the same as that analyzed in the FEIR and FSEIR; 3) project components such as road
improvements that serve to mitigate impacts as well as mitigation measures identified in the FEIR,
as updated in the FSEIR, will continue to apply to all aspects of development; 4) the cumulative
buildout of the project was analyzed in combination with other projects under development and
analyzed with the full buildout of the City as forecasted in the 2014 LUCE General Plan Update
and related Final Environmental Impact Report for the project; and 5) all applicable mitigation
measures for each phase of development would also be accelerated to coincide with any portion
of development under construction. The documents and other material that constitute the record
on which this determination is made are located in the Community Development Department
located at 919 Palm Street, San Luis Obispo, California. The City Council hereby directs staff to
file a Notice of Determination with the San Luis Obispo County Clerk Recorder’s Office.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance, and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
PACKET PAGE 404
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Ordinance No. _____ (2018 Series) Page 6
O ______
INTRODUCED on the 17th day of July, 2018, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 21st day of August, 2018, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
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
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071928\9447955
Recording Fees Exempt Pursuant to
Government Code § 27383
Recording Requested By And
When Recorded Mail to:
City of San Luis Obispo
c/o City Clerk
990 Palm Street
San Luis Obispo, California 93401
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
MI SAN LUIS RANCH, LLC
RELATING TO
THE SAN LUIS RANCH
(The “SAN LUIS RANCH DEVELOPMENT AGREEMENT”)
As Adopted by the San Luis Obispo City Council
on __________ by Ordinance No. -________
PACKET PAGE 406
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TABLE OF CONTENTS
RE CITALS AND DEFINITIONS ............................................................................................ 1
AGREEMENT ............................................................................................................................. 4
ARTICLE 1. GENERALLY .......................................................................................................... 4
Section 1.01. Developer. ........................................................................................................ 4
Section 1.02. Effective ........................................................................................................... 4
ARTICLE 2. DESCRIPTION OF THE PROJECT ....................................................................... 6
Section 2.01. In General......................................................................................................... 6
Section 2.02. Project Approvals. ............................................................................................ 6
Section 2.03. Subsequent Approvals. ..................................................................................... 7
Section 2.04. Subsequent Approval Documents. The Subsequent Approvals ...................... 7
Section 2.05. Processing Subsequent Approvals ................................................................... 7
Section 2.06. Approvals ......................................................................................................... 8
ARTICLE 3. DEVELOPMENT OF PROJECT IN GENERAL ................................................... 8
Section 3.01. Consideration to Developer ............................................................................. 8
Section 3.02. Consideration to City ....................................................................................... 8
Section 3.03. Rights of Developer Generally. ....................................................................... 8
Section 3.04. Rights of City Generally. ................................................................................. 8
Section 3.05. Project Parameters. .......................................................................................... 8
ARTICLE 4. APPLICABLE LAW ............................................................................................... 9
Section 4.01. In General......................................................................................................... 9
Section 4.02. Application of Other City Laws ....................................................................... 9
Section 4.03. Uniform Codes and Standard Specifications ................................................. 11
Section 4.04. State and Federal Law .................................................................................... 11
ARTICLE 5. FINANCIAL COMMITMENTS OF CITY AND DEVELOPER ......................... 12
Section 5.01. In General....................................................................................................... 12
Section 5.02. Establishment of Financing Mechanisms ...................................................... 14
Section 5.03. Imposition of and Increases in Fees, Taxes, Assessments and Other Charges
............................................................................................................................................... 14
Section 5.04. Other Financing Commitments ...................................................................... 18
ARTICLE 6. COMMITMENTS RELATED TO PUBLIC IMPROVEMENTS ........................ 23
Section 6.01. Backbone Infrastructure Improvement Plan ................................................... 23
Section 6.02. Construction and Dedication of Project Facilities and Infrastructure ............ 24
Section 6.03. Cooperation as to Project Facilities and Infrastructure .................................. 25
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ARTICLE 7. OTHER COMMITMENTS OF CITY AND DEVELOPER ................................. 28
Section 7.01. Mutual Cooperation for Other Governmental Permits .................................. 28
Section 7.02. Timing of Development ................................................................................. 28
Section 7.03. Dedication of Park Lands............................................................................... 29
Section 7.04. Dedication of Open Space/Agricultural Lands .............................................. 29
Section 7.05. Affordable Housing ........................................................................................ 30
Section 7.06. Energy ............................................................................................................ 30
Section 7.07. Water .............................................................................................................. 31
Section 7.08. Wastewater ..................................................................................................... 31
Section 7.09. Recycled Water Facilities ............................................................................... 31
Section 7.10. Storm Drain Facilities .................................................................................... 32
Section 7.11. Floodplain Management ................................................................................ 32
Section 7.12. Traffic and Circulation Improvements ........................................................... 32
Section 7.13. Miscellaneous ................................................................................................ 32
ARTICLE 8. CONSIDERATION OF PERMITS AND APPROVALS ..................................... 33
Section 8.01. Review and Action Generally ........................................................................ 33
Section 8.02. Applicable Law .............................................................................................. 33
Section 8.03. General Plan and San Luis Ranch Specific Plan Amendments ..................... 34
Section 8.04. MMRP Application ........................................................................................ 34
Section 8.05. Life of Approvals ........................................................................................... 34
Section 8.06. Vesting Maps ................................................................................................. 34
ARTICLE 9. AMENDMENTS ................................................................................................... 34
Section 9.01. In General....................................................................................................... 34
Section 9.02. Future Approvals Do Not Require Amendments to Agreement .................... 35
Section 9.03. Operating Memoranda ................................................................................... 35
Section 9.04. Administrative Amendments ......................................................................... 35
ARTICLE 10. ANNUAL REVIEW ............................................................................................ 35
Section 10.01. In General..................................................................................................... 35
Section 10.02. Other Investigations and Evaluations .......................................................... 36
ARTICLE 11. MMRP EVALUATION AND DEVELOPMENT AGREEMENT REVIEW .... 36
Section 11.01. MMRP Evaluation ....................................................................................... 36
Section 11.02. MMRP Implementation ............................................................................... 36
Section 11.03. Enforcement ................................................................................................. 36
Section 11.04. Development Agreement Review ................................................................ 36
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Section 11.05. Director’s Findings of Compliance .............................................................. 36
Section 11.06. Finding of Development Agreement Noncompliance ................................. 36
ARTICLE 12. DEFAULT, REMEDIES, TERMINATION OF DEVELOPMENT
AGREEMENT .............................................................................................................................. 37
Section 12.01. Notice and Cure ........................................................................................... 37
Section 12.02. Actions during Cure Period .......................................................................... 37
Section 12.03. Remedies of Non-Defaulting Party .............................................................. 37
Section 12.04. Administrative Remedies ............................................................................. 38
Section 12.05. Judicial Remedies ........................................................................................ 38
Section 12.06. Termination Due to Default ......................................................................... 38
Section 12.07. Judicial Reference ........................................................................................ 39
ARTICLE 13. ASSIGNMENT, TRANSFER AND NOTICE .................................................... 40
Section 13.01. Assignment of Interests, Rights and Obligations ......................................... 40
Section 13.02. Transfers In General ..................................................................................... 40
Section 13.03. Non-Assuming Transferees .......................................................................... 41
ARTICLE 14. MORTGAGEE PROTECTION ........................................................................... 42
Section 14.01. In General..................................................................................................... 42
Section 14.02. Impairment of Mortgage or Deed of Trust ................................................... 42
Section 14.03. Notice of Default to Mortgagee ................................................................... 42
Section 14.04. Right of Mortgagee to Cure ......................................................................... 42
Section 14.05. Mortgagee Liability for Past Defaults or Obligations .................................. 42
Section 14.06. Technical Amendments to this Article 14 ................................................... 43
ARTICLE 15. GENERAL PROVISIONS .................................................................................. 43
Section 15.01. Incorporation of Recitals.............................................................................. 43
Section 15.02. Project is a Private Undertaking .................................................................. 43
Section 15.03. Cooperation in the Event of Legal Challenge .............................................. 43
Section 15.04. Defense and Indemnity ................................................................................ 44
Section 15.05. Governing Law; Attorneys’ Fees ................................................................. 44
Section 15.06. Force Majeure .............................................................................................. 44
Section 15.07. Waiver .......................................................................................................... 45
Section 15.08. Notices ......................................................................................................... 45
Section 15.09. No Joint Venture or Partnership ................................................................... 46
Section 15.10. Severability .................................................................................................. 46
Section 15.11. Estoppel Certificate ...................................................................................... 47
Section 15.12. Further Assurances ....................................................................................... 47
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Section 15.13. Construction ................................................................................................. 47
Section 15.14. Other Miscellaneous Terms ......................................................................... 47
Section 15.15. Counterpart Execution ................................................................................. 48
Section 15.16. Time ............................................................................................................. 48
Section 15.17. Good Faith/Fair Dealing .............................................................................. 48
Section 15.18. List of Exhibits ............................................................................................. 48
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071928\ 9447955 1
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND
MI SAN LUIS RANCH, LLC RELATING TO
THE SAN LUIS RANCH
THIS DEVELOPMENT AGREEMENT is entered into this ___ day of ________, 2018
(“Execution Date”), by and between the CITY OF SAN LUIS OBISPO, a municipal
corporation and charter city (“City”), and MI SAN LUIS RANCH, LLC, a Delaware limited
liability company (“Developer”), hereinafter referred to in this Development Agreement
individually as a “Party” and collectively as the “Parties.”
RECITALS AND DEFINITIONS
A. The “Project,” as referenced in this Development Agreement, consists of the
development of housing, neighborhood commercial, commercial retail, park, and agricultural and
open space uses located within the San Luis Ranch Specific Plan area on the southwestern
boundary of the City, as further described in Section 2.01 below. The “Property,” as referenced
in this Development Agreement, consists of approximately 131 acres of land designated for
development under the San Luis Ranch Specific Plan (“SLR SP”). The Property is depicted on
Exhibit A and legally described on Exhibit B, both attached hereto and incorporated herein by
this reference.
B. Developer represents and warrants to City that as of the Execution Date,
Developer owns or otherwise has legal interest in the Property.
C. The Property has an entitled development project that was the subject of the
Dalidio Ranch Initiative Measure (“Measure J”) that was submitted to, and approved by, the
voters of San Luis Obispo County on November 7, 2006. Among other uses, Measure J
authorizes Developer to proceed with development on the Property of 530,000 square feet of
commercial/retail, 198,000 square feet of business/office, and 60 residential units.
D. On December 9, 2014, City adopted an update to the Land Use and Circulation
Elements (“LUCE”) of the City’s General Plan that included the area subject to the SLR SP (the
“SLR SP Area”). The City’s General Plan designates the SLR SP Area for a variety of land
uses to benefit the City and its residents including residential, neighborhood commercial, open
space, and agricultural, and the City has found that this Development Agreement is consistent
with the applicable provisions of the General Plan and the SLR SP.
E. City and Developer have engaged in a cooperative and successful relationship to
establish a specific plan for the future of the SLR SP Area. These efforts culminated in the
City’s adoption and approval of the following entitlements:
(1) The Final Environmental Impact Report and associated Mitigation Monitoring
and Reporting Plan (including all mitigation measures therein) for the Project
certified and adopted, respectively, by Resolution No. 10822, on July 18, 2017,
and the Supplemental Final Environmental Impact Report for the Project certified
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and adopted by Resolution No. _________, on _____, 2018, as further identified
in Recital F, below.
(2) An amendment to the General Plan (Resolution No. 10822), adopted on July 18,
2017, including amendments to the LUCE (“LUCE Update”) adopted by
Resolution No. 10586 (2014 Series) on December 9, 2014.
(3) The SLR SP adopted by Resolution No. 10822, on July 18, 2017, as amended by
Resolution No. ____, adopted on _____, 2018.
(4) The City’s Zoning Ordinance as amended by Ordinance No. ___, adopted _____,
201_.
(5) The Development Plan approved by Resolution No. 10822, on July 18, 2017.
(6) The Vesting Tentative Map #3096 approved on July 18, 2017.
(7) The Annexation Agreement approved by Resolution No. ___, adopted on _____,
2018.
(8) Ordinance No. ____ dated _____, 2018 adopting this Development Agreement
(the “Adopting Ordinance”).
(9) The conditions of approval of each of the foregoing.
(10) The resolution of Application to the San Luis Obispo County Local Area
Formation Commission (“LAFCO”) initiating the annexation of the Property into
the City.
These approvals are collectively referred to herein as the Project Approvals (as further
defined in Section 2.02).
F. Before approving the Project Approvals, the City Council of the City of San Luis
Obispo: (i) reviewed and considered the significant environmental impacts of the Project and
several alternatives to the Project, as described in that certain Final Environmental Impact Report
(the “Project EIR”) and (ii) adopted Resolution No. 10822 on July 18, 2017 to certify the
Project EIR, making Findings Concerning Mitigation Measures and Alternatives (the
“Findings”), adopting a Statement of Overriding Considerations, and adopting a Mitigation
Monitoring and Reporting Plan (the “MMRP”), all in accordance with the provisions of the
California Environmental Quality Act, California Public Resources Code section 21000 et seq.
(“CEQA”). Subsequently, the City Council of the City of San Luis Obispo reviewed and
considered the significant impacts of certain changes to the Project in that certain Supplemental
Final Environmental Impact Report (the “SEIR”) and adopted Resolution No. ______ on
_______, 2018 to certify the SEIR in accordance with CEQA.
G. A principal purpose of this Development Agreement is to further the cooperative
relationship between City and Developer for the benefit of the City and the residents of the City
during the implementation of the SLR SP. The City and Developer join as Parties to this
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Development Agreement to ensure the requirements of the Development Agreement statute
(California Government Code section 65864 et. seq.) and the City’s Development Agreement
ordinance, chapter 17.94 of its Zoning Ordinance, are satisfied. As more fully set forth below,
this Development Agreement contains covenants and/or servitudes that run with the title to the
Property.
H. In conjunction with the negotiation of this Development Agreement, the Parties
have developed a Financial Plan, a copy of which is attached hereto as Exhibit C, and which the
City’s economic consultant used as a basis to develop a Financial Feasibility Memorandum, a
copy of which is attached hereto as Exhibit D.
I. The Parties intend this Development Agreement to achieve the following
purposes:
(1) that the City shall be kept and/or made “whole” by Developer as to the Property
and by other property owners, in regard to their respective properties, with respect
to all aspects, including without limitation, fiscal impacts, of the planning,
development, maintenance and operation of the SLR SP Area including the costs
to the City of providing public services and facilities to the Project, the payment
of City’s costs associated with the implementation of this Development
Agreement, the Project Approvals, all other planning and environmental efforts
described and envisioned by this Development Agreement, the Subsequent
Approvals (as defined in Section 2.03 below), and the mitigation of the Project’s
environmental impacts;
(2) that once this Development Agreement has taken legal effect, Developer shall
have a full and vested right, throughout the term of this Development Agreement,
to the Rights and Obligations as to the Property;
(3) to reduce the uncertainty in planning and implementation of the Project and to
secure the orderly development thereof, ensure a desirable and functional
community environment, provide effective and efficient development of public
facilities, infrastructure and services appropriate for the development of the
Project, ensure maximum effective utilization of resources within the City, and
provide other significant benefits to the City and its residents;
(4) to secure Project features and development conditions above and beyond those
that may be levied by the City under existing zoning and development regulations
and the Project EIR;
(5) to provide Developer with a reliable and definitive form of reimbursement or fee
credits for offsite and onsite infrastructure beyond its fair share;
(6) to be consistent with and to implement the City’s General Plan, the SLR SP and,
more particularly, to achieve the community’s development objectives for the
Property as set forth in Policy 8.1.4 of the Land Use Element;
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(7)to enable the City to potentially capture sales taxes that are being leaked to other
communities because of the jobs-housing imbalance; and
(8) to provide 580 residences that would help capture a substantial amount of
commuters currently heading to jobs in the City.
The Rights and Obligations of the Parties to this Development Agreement shall be construed and
interpreted so as to give full effect to each and all of these purposes.
J. As used in this Development Agreement, “Rights” shall mean all of the vested
and other rights and benefits of this Development Agreement, and the term “Obligations” shall
mean all of the duties, obligations, responsibilities and other burdens of this Development
Agreement. References to lot numbers in this Development Agreement refer to lots as numbered
in Vesting Tentative Tract Map. No. 3096 dated July 18, 2017.
K. As used in this Development Agreement, the terms, phrases and words shall have
the meanings and be interpreted as set forth in this Development Agreement (the meaning given
the term in the singular shall include the term in the plural and vice versa) unless the context
clearly indicates the Parties intended another meaning. To the extent any capitalized terms
contained in this Development Agreement are not defined within it, then such terms shall have
the meaning ascribed to them in Applicable Law or, if no meaning is given a term in such
sources, the most common understanding of the term, in light of the terms and conditions of this
Development Agreement, shall control.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants and provisions set
forth in this Development Agreement, the Parties hereby agree as follows:
ARTICLE 1. GENERALLY
Section 1.01. Developer. As used herein, “Developer” means MI San Luis Ranch, LLC,
as that business entity existed on the Effective Date and any permitted successor, assign, or
transferee of MI San Luis Ranch, LLC.
Section 1.02. Effective, Vesting and Annexation Dates. This Development Agreement is
entered into by and between the City and Developer and takes legal effect on the date that it is
signed by the later of them to do so (the “Effective Date”), although the rights and obligations of
this Agreement with respect to the development of the Site are not effective until the later of
(i) ______, 2018, the date that Ordinance No.__-___ approving this Development Agreement
takes legal effect (the “Vesting Date”), or (ii) the date upon which the Property is annexed into
the City (the “Annexation Date”). The terms and conditions of this Development Agreement
shall be for the benefit of or a burden upon the Property, shall run with title to the Property, and
shall be binding upon Developer and its successors, assigns and transferees during their
respective ownerships of any portion of the Property from and after the later of those two dates.
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Section 1.03. Term.
Section 1.03.1. In General.
(a) Although this Agreement shall legally bind the Parties upon the Effective Date,
the term of this Development Agreement shall commence upon the Annexation Date defined in
section 1.02 above and shall continue until, and terminate upon, the earliest of the following
dates (“Termination Date”):
(1) 12:01 a.m. on the 20th anniversary of the Annexation Date (the “Initial
Termination Date”), unless Developer requests, and the City approves, an
extension of the Term for an additional 10-year period, in which case the
Termination Date shall be 12:01 on the 30th anniversary of the Annexation Date.
Such request for an extension shall be submitted, in writing, to the City Manager
at least 60 days, but no earlier than 180 days, before the Initial Termination Date.
The City may deny the request for an extension if Developer is not in substantial
compliance with all of its Obligations under this Development Agreement. Any
disputes regarding or relating to any extensions under this Section shall be
resolved in accordance with Article 12 hereof;
(2) 12:01 a.m. on the 15th anniversary of the Annexation Date, should Developer fail
to complete the Backbone Infrastructure for the Project (except for any fair share
payments related to the Prado Overpass and related ramps, including the payment
of the Prado Road Interchange Mitigation Fee (defined and governed by Sections
5.04.5 and 5.04.6, below)) in accordance with the SLR SP, SEIR and Section
6.01, below, prior to such date.
(3) This Development Agreement may be terminated with respect to property
included in a recorded final subdivision map creating residential lots on any
portion of the Property, provided that no further on-site or off-site infrastructure is
required and no conditions or mitigation measures remain to be satisfied before
building permits may issue for the development of those lots. Concurrently with
or following recordation of such a subdivision map as to any portion of the
Property, Developer may request in writing, and the Community Development
Director shall be authorized to execute and shall not unreasonably withhold, a
certificate of termination of this Agreement in recordable form solely as to the
property included in such a final recorded map; provided that no such certificate
need issue if Obligations to the City under this Development Agreement remain
unfulfilled which are not made conditions of approval of the subdivision map.
Upon the Community Development Director’s recordation of such a certificate,
this Development Agreement shall terminate as to the land covered by such final
map. If Developer does not request or the Community Development Director does
not issue such a certificate, this Development Agreement shall continue to apply
to any lot depicted on such a subdivision map until this Development Agreement
otherwise expires or terminates according to its terms. Notwithstanding the
foregoing, this Development Agreement shall automatically terminate with
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respect to any lot intended for residential development upon final sign-off of the
building permit for a residential structure on such lot.
(4) Notwithstanding the foregoing, this Development Agreement shall terminate in
accordance with Government Code Section 65865(b) if the annexation is not
completed within five years of the Vesting Date defined by section 1.02 above,
unless such date is extended by mutual agreement of the Parties.
(b) This Development Agreement shall be of no further force, effect or operation
upon the Termination Date. Subject to the provisions of Section 8.05 below, in no event shall the
expiration or termination of this Development Agreement result in expiration or termination of
any Approval without further action of City.
Section 1.04. Execution and Recordation of Agreement.
Section 1.04.1. Execution and Recordation. Developer shall execute this
Development Agreement in conformance with Section 15.17 below within five business days
following the adoption of the Adopting Ordinance referenced in Recital E above. Provided
Developer has so executed this Agreement, City shall execute this Agreement, in conformance
with Section 15.15 of this Agreement, within five business days of Developer’s execution of this
Development Agreement.
Section 1.04.2. Recordation. City shall deliver this Agreement to the County
Recorder for recordation within 10 days following its execution.
ARTICLE 2. DESCRIPTION OF THE PROJECT
Section 2.01. In General. As used herein, “Project” means the development of the
Property as described in the Project Approvals (defined in Section 2.02 below), including all
on-site and off-site “Project Facilities and Infrastructure” (defined in Section 5.01.1 below).
Section 2.02. Project Approvals. As used herein, “Project Approvals” include, but are
not limited to:
(i) those provisions of City’s General Plan that relate to or affect the Property, as the
General Plan existed on the Vesting Date and as it may be amended from time to
time consistently with this Development Agreement (the “General Plan”);
(ii) those provisions of the SLR SP (including the Design Guidelines) that relate to or
affect the Property, as the SLR SP existed on the Vesting Date and as it may be
amended from time to time consistently with this Development Agreement;
(iii) the zoning of the Property, as it existed on the Vesting Date and as it may be
amended from time to time consistently with this Development Agreement
thereafter (the “Zoning”); and
(iv) the other entitlements listed in Recital E above;
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provided, however, that “Project Approvals” shall not mean or include amendments to the
General Plan, SLR SP or Zoning of the Property that conflict with the Project Approvals as they
existed on the Vesting Date, unless Developer consents in writing to such conflicting
amendments.
Section 2.03. Subsequent Approvals. As used herein, “Subsequent Approvals” are
those permits and approvals (other than the Project Approvals and amendments thereto)
necessary or desirable for the development of the Project including, without limitation, those
identified in Section 2.04 below.
Section 2.04. Subsequent Approval Documents. The Subsequent Approvals defined in
Section 2.03 above include, but are not limited to:
(i) subdivision maps (including phased final maps) and related or similar approvals
issued under the California Subdivision Map Act;
(ii) development permits (including Site Plan Reviews and Conditional Use Permits
as described in the SLR SP);
(iii) architectural review and design review approvals (as described in the SLR SP);
(iv) any other discretionary or ministerial permits or approvals of City necessary or
appropriate for build-out of the Project and Property; and
(v) any amendments to any of the foregoing necessary or appropriate for the
development of the Project.
Section 2.05. Processing Subsequent Approvals.
Section 2.05.01. Processing of Subsequent Approvals. City will accept, make
completeness determinations, and process, promptly and diligently to completion, all
applications for Subsequent Approvals for the Project in accordance with the terms of this
Development Agreement and Applicable Law.
Section 2.05.02. Scope of Review of Subsequent Approvals. By approving the
Project Approvals, City has made a final policy decision that the Project is in the best interests of
the public health, safety and general welfare. Accordingly, City shall not use its authority in
considering any application for a discretionary Subsequent Approval to change the policy
decisions reflected by the Project Approvals or otherwise to prevent or delay development of the
Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed
to be tools to implement those final policy decisions. The scope of the review of applications for
Subsequent Approvals shall be limited to a review of substantial conformity with the Applicable
Law and Rights vested hereunder (the “Vested Elements”) (except as otherwise provided by
Sections 4.02 through 4.04), and compliance with CEQA and other Applicable Law. Where
such conformity/compliance exists, City shall not deny an application for a Subsequent Approval
for the Project.
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Section 2.05.03. Conditions of Subsequent Approvals. City shall have the right
to impose reasonable conditions upon Subsequent Approvals including, without limitation,
normal and customary dedications for rights of way or easements for public access, utilities,
water, sewers, and drainage necessary for the Project; provided, however, such conditions and
dedications shall not be inconsistent with the Applicable Law or Project Approvals, nor
inconsistent with the development of the Project as contemplated by this Agreement except to
the extent required by Applicable Law. Developer may protest any conditions, dedications or
fees while continuing to develop the Property. Such a protest by Developer shall not delay or
stop the issuance of building permits or certificates of occupancy for any aspect of the Project
not related to the condition protested. No conditions imposed on Subsequent Approvals shall
require dedications or reservations for, or construction or funding of, public infrastructure or
public improvements beyond those already included in the SLR SP and the MMRP except to the
extent required by CEQA.
Section 2.06. Approvals. Project Approvals, amendments to Project Approvals, and
Subsequent Approvals are sometimes referred to in this Development Agreement collectively as
the “Approvals” and each individually as an “Approval.”
ARTICLE 3. DEVELOPMENT OF PROJECT IN GENERAL
Section 3.01. Consideration to Developer. The Parties acknowledge and agree that
City’s agreement to perform and abide by the Rights and Obligations of City set forth herein is
material consideration for Developer’s agreement to perform and abide by the Rights and
Obligations of Developer set forth herein.
Section 3.02. Consideration to City. The Parties acknowledge and agree that
Developer’s agreement to perform and abide by the Rights and Obligations of Developer set
forth herein is material consideration for City’s agreement to perform and abide by the Rights
and Obligations of City set forth herein.
Section 3.03. Rights of Developer Generally. Developer shall have a fully vested right
to develop the Project and to use the Property consistently with this Development Agreement and
Applicable Law.
Section 3.04. Rights of City Generally. City shall have a right to regulate development
of the Project and use of the Property consistently with this Development Agreement and
Applicable Law.
Section 3.05. Project Parameters. The permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of buildings included in the
Project, and provisions for the reservation and dedication of land shall be as set forth herein and
in the Project Approvals.
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ARTICLE 4. APPLICABLE LAW
Section 4.01. In General.
Section 4.01.1. Applicable Law Defined. Except as the Parties may otherwise
agree in writing, the rules, regulations and official policies applicable to the Project and the
Property during the Term of this Development Agreement shall be those set forth in this
Development Agreement and, except as otherwise set forth herein, the rules, regulations and
official policies of City (including the plans, municipal codes, ordinances, resolutions and other
local laws, regulations, capital facilities fees and policies of City) in force and effect on the
Vesting Date as well as state and federal law applicable to the Project (collectively, “Applicable
Law”).
Section 4.01.2. Approvals as Applicable Law. Applicable Law shall include,
without limitation, Approvals as they may be issued from time to time consistently with this
Agreement.
Section 4.02. Application of Other City Laws.
Section 4.02.1. No Conflicting City Laws.
(a) City may apply to the Project and the Property any rule, regulation or official
policy of City (including any plan, municipal code, ordinance, resolution or other
local law, regulation, capital facility fee or policy of City) (each a “City Law”)
that does not conflict with Applicable Law or this Agreement. City shall not,
however, without the written consent of Developer apply to the Project or the
Property (whether by initiative, referendum, imposition of mitigation measures
under CEQA or otherwise) any City Law that is in conflict with Applicable Law
or this Agreement.
(b) Any changes by the City to the General Plan or any Specific Plan, Zoning
Ordinance, or other rules, regulations, ordinances, or policies of the City (whether
adopted by ordinance, initiative, referendum, resolution, policy, order, or other
means) (collectively “Future Rules”) that are not in conflict with the Vested
Elements shall apply to the Project. For purposes of this Section, “in conflict”
means Future Rules would (i) alter the Vested Elements, or (ii) significantly
frustrate the intent or purpose of the Vested Elements, or (iii) materially increase
(e.g., by an amount more than 10%) the cost of performance of, or preclude
compliance with, any provision of the Vested Elements, or (iv) significantly delay
development of the Project, or (v) limit or restrict the availability of public
utilities, services, infrastructure or facilities (for example, without limitation,
water rights, water connection or sewage capacity rights, sewer connections, etc.)
to the Project, or (vi) impose limits or controls in the rate, timing, phasing or
sequencing of development of the Project beyond those existing on the Vesting
Date, or (vii) increase or adopt new impact fees levied against the Project, except
as provided in this Development Agreement, or (viii) limit or control the location
of buildings, structures, grading, or other improvements of the Project
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inconsistently with or more restrictive than the Project Approvals; or (ix) apply to
the Project any Future Rule otherwise allowed by this Agreement that is not
uniformly applicable to all substantially similar development projects and project
sites in the City; (x) require the issuance of additional permits or approvals by the
City other than those required by Applicable Law; or (xi) establish, enact,
increase, or impose against the Project or Property any fees, assessments, or other
monetary obligations other than those specifically permitted by this Agreement;
(xii) impose against the Project any condition, dedication or other exaction not
specifically authorized by Applicable Law; or (xiii) limit the processing or
procuring of applications and approvals of Subsequent Approvals. To the extent
that Future Rules conflict with the Vested Elements, the Future Rules shall not
apply to the Project, except as provided in this Section.
To the maximum extent permitted by law, City shall prevent any Future Rules
from invalidating or prevailing over all or any part of this Agreement, and City
shall cooperate with Developer and shall undertake such actions as may be
necessary to ensure this Agreement remains in full force and effect. City shall not
support, adopt or enact any Future Rule, or take any other action which would
violate the express provisions or spirit and intent of this Agreement or the Project
Approvals. Developer reserves the right to challenge in court any Future Rule
that would conflict with the Vested Elements or this Agreement or reduce the
development rights provided by this Agreement.
A Future Rule that conflicts with the Vested Elements shall nonetheless apply to
the Property if, and only if: (i) consented to in writing by Developer; (ii) it is
determined by City and evidenced through findings adopted by the City Council
that the change or provision is reasonably required to prevent a condition
dangerous to the public health or safety; (iii) it is required by changes in State or
Federal law as set forth in Section 4.04 below; (iv) it consists of revisions to, or
new Uniform Codes permitted by Section 4.03; or (v) it is otherwise permitted by
this Development Agreement.
Prior to the Vesting Date, the Parties shall have prepared two sets of the Project
Approvals and Applicable Law (exclusive of state and federal law), one for City
and one for Developer. If it becomes necessary in the future to refer to any of the
Project Approvals or Applicable Law, the contents of these sets are presumed for
all purposes of this Development Agreement, absent clear clerical error or similar
mistake, to constitute the Project Approvals and Applicable Law.
(c) No City-imposed moratorium or other limitation (whether relating to the rate,
timing, or sequencing of the development or construction of all or any part of the
Project, whether imposed by ordinance, initiative, resolution, policy, order, or
otherwise, and whether enacted by the City Council, an agency of City, the
electorate, or otherwise) affecting parcel or subdivision maps (whether tentative,
vesting tentative, or final), building permits, occupancy certificates or other
entitlements to use or service (including, without limitation, water and sewer)
approved, issued, or granted within City, or portions of City, following the
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approval of the SLR SP, shall apply to the Project to the extent such moratorium or
other limitation is in conflict with this Development Agreement; provided,
however, the provisions of this subsection shall not affect City’s compliance with
moratoria or other limitations mandated by other governmental agencies or court-
imposed moratoria or other limitations, including without limitation City action to
impose a moratorium on water or sewer service connections required by
Applicable Law. Notwithstanding anything herein to the contrary, in the event (i) the
City declares an “Extreme” or “Critical” water shortage, as described in the City’s
2015 Urban Water Management Plan and as may be later codified in the City’s
Municipal Code, and (ii) the Citywide average potable water use falls below 95-gpcd,
then any new water connections within the Project may be required to provide a net
positive water offset prior to issuance of a building permit.
(d) If City attempts to apply to the Project a City Law which Developer believes to
conflict with Applicable Law or this Agreement, Developer shall give City
written notice describing the legal and factual basis for Developer’s position. The
Parties shall meet and confer within 30 days of City’s receipt of that notice to
seek to resolve any disagreement. If no mutually acceptable solution can be
reached, either Party may take such action as may be permitted under Article 12
below.
Section 4.03. Uniform Codes and Standard Specifications.
(a)Nothing herein shall prevent City from applying to the Project standards
contained in uniform building, construction, fire or other uniform codes, as the
same may be adopted or amended from time to time by City, provided:
(1)That the provisions of any such uniform code shall apply to the Project
only to the extent that such code is in effect on a City-wide basis; and
(2)With respect to those portions of any such uniform code that have been
adopted by City without amendment, that the provisions of any such
uniform code shall be interpreted and applied consistently with the
generally prevailing interpretation and application of such code in
California.
(b)Notwithstanding anything to the contrary contained herein, public improvements
shall be constructed in accordance with the public works standard specifications in
effect at the time that such improvements are constructed.
Section 4.04. State and Federal Law.
(a)Nothing herein shall prevent City from applying to the Project or the Property any
change in City Law required by: (a) state or federal law; or (b) any governmental
agency that, due to the operation of state law (and not the act of City through a
memorandum of understanding, joint exercise of powers or other agreement
entered into after the Vesting Date), has binding legal authority over City.
(b)If the application of such changes prevents or precludes performance of one or
more provisions of this Agreement, City and Developer shall take any and all
such actions as may be necessary or appropriate to ensure the provisions of this
Development Agreement are implemented to the maximum extent practicable.
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Section 4.05. Expansion of Development Rights. If any Future Rule or State or Federal
law expands, extends, enlarges or broadens Developer’s rights to develop the Project, then, (a) if
such law is mandatory, the provisions of this Development Agreement shall be modified as may
be necessary to comply or conform with such new law, and (b) if such law is permissive, the
provisions of this Development Agreement shall be modified, upon the mutual agreement of
Developer and City, as may be necessary to comply or conform with such new law. Immediately
after enactment of any such new law, upon Developer’s request, the Parties shall meet and confer
in good faith for a period not exceeding 60 days (unless such period is extended by mutual
written consent of the Parties) to prepare such modification. Developer shall have the right to
challenge City’s refusal to apply any new law mandating expansion of Developer’s rights under
this Development Agreement pursuant to Article 12 of this Development Agreement, and if such
challenge is successful, this Development Agreement shall be modified to comply with, or
conform to, the new law.
ARTICLE 5. FINANCIAL COMMITMENTS OF CITY AND DEVELOPER
Section 5.01. In General. This Article 5 establishes a framework for the imposition and
allocation to the extent permitted by law of fees, assessments and other revenues to be generated
and/or paid by the Project and/or the Property. The provisions of this Article 5 are intended to
prevent the Project from resulting in negative fiscal impacts on City; to facilitate the
construction, operation and maintenance of infrastructure and facilities to avoid or limit the
physical impacts of development; and to assist in the development of the Project so as to provide
long-term fiscal and other benefits to City, including increased employment opportunities, an
increased City tax base, and an enhanced quality of life for the City’s residents. In consideration
of, and in reliance upon City agreeing to this Development Agreement, Developer will provide
the community benefits (“Community Benefits”) described in Exhibit C attached hereto, which
are over and above those dedications, conditions and exactions required by Applicable Law other
than this Agreement.
Section 5.01.1. Basic Principles.
(a) This Article 5 is intended to implement the following conceptual framework: that
the City shall not incur costs for construction of new public facilities and
infrastructure needed to serve the Project or the Property or for the provision of
municipal services to the Project or the Property including the operation and
maintenance of facilities and infrastructure to serve the Project (collectively, the
“Project Facilities and Infrastructure”), except to the extent necessary to
address existing infrastructure deficits. Any costs of any Project Facilities and
Infrastructure beyond the Project’s fair share of such Project Facilities and
Infrastructure shall be borne by other property owners and/or developers served
by such Project Facilities and Infrastructure or the City if needed to address an
existing operational deficit to be addressed by such Project Facilities and
Infrastructure. Nothing herein shall either require or prevent the City from
contributing to the cost to develop such Project Facilities and Infrastructure from
any lawfully available funds, in the City’s sole discretion.
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(b)The cost of providing Project Facilities and Infrastructure shall be consistent with
the following principles, except as otherwise specifically permitted by this
Development Agreement:
(i) there shall be a reasonable relationship between any municipal cost
required to be borne by the Project and the type of development within the
Project to which such cost is attributable;
(ii) there shall be a reasonable relationship between the need to incur any such
municipal cost and the type of development within the Project to which
such cost is attributable;
(iii) no municipal cost required to be borne by the Project shall exceed the
estimated reasonable cost of providing the service or facility to which such
municipal cost relates; and
(iv) with respect to any fee required to finance Project Facilities and
Infrastructure, there shall be a reasonable relationship between the amount
of the fee and the cost of the Project Facilities and Infrastructure funded
by such fee.
(c) Whenever this Development Agreement requires a “reasonable relationship”
between the Project and any requirement imposed thereon, there shall be required
an essential nexus between the Project and such requirement and rough
proportionality in the allocation of a municipal cost or fee both internally to
various portions of the Property and as between the Project and other projects
within the City.
(d) As used herein, the term “Project Facilities and Infrastructure” shall include
public facilities and infrastructure only to the extent they serve the Project or the
Property, and shall not include public facilities or infrastructure to the extent such
facilities or infrastructure serve projects or areas other than the Project or the
Property, unless the public facilities and infrastructure serving the Project or
Property are required to be oversized to serve other projects or areas in
accordance with the provisions of Section 6.02.2 below.
Section 5.01.2. Financing of Infrastructure; Operation and Maintenance. City
shall exhaust all reasonable efforts and diligently pursue and utilize all mechanisms which may
be appropriate to finance Project Facilities and Infrastructure and Project-related municipal
services or the operation and maintenance of the Project Facilities and Infrastructure, such as
Mello-Roos Districts, Enhanced Infrastructure Financing Districts, Landscaping and Lighting
Districts, and other Maintenance Assessment Districts, in accordance with the following
principles:
(a) The level of municipal services provided to the Project, including the level of
operation and maintenance of Project Facilities and Infrastructure, shall be equal
or superior to the level of service provided elsewhere in the City.
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(b)Any costs associated with such mechanism shall be borne by the financing
mechanism or the Project.
(c) The City may require as a condition of approval of a future tentative subdivision
or parcel map a financing mechanism or mechanisms to finance the operation and
maintenance of Project Facilities and Infrastructure to serve the development of
the land depicted on that map.
Section 5.02. Establishment of Financing Mechanisms.
Section 5.02.1. Procedures for Establishment. The establishment of any
mechanism to finance the construction, operation or maintenance of Project Facilities and
Infrastructure (each a “Financing Mechanism”) and the issuance of any debt in connection
therewith (“Project Debt”) shall be initiated upon Developer’s written request to the City’s
Finance Director. Such request shall include the purposes for which the Financing Mechanism is
to be established and/or the Project Debt issued, and the general terms and conditions upon
which the establishment of the Financing Mechanism and/or the issuance of the Public Debt will
be based. City’s consideration of Developer’s request shall be consistent with the principles set
forth in Section 5.01.2 above. If Developer requests the City to form a Mello-Roos Community
Facilities District or an Enhanced Infrastructure Financing District to finance Project Facilities
and Infrastructure, City shall use its best efforts to cause such district to be formed and bonds to
be issued and, in the case of a Mello-Roos Community Facilities District, special taxes to be
levied to the extent permitted by Applicable Law.
Section 5.02.2. Nature of City Participation. City’s participation in the formation
of any Financing Mechanism, its operation thereafter, and in the issuance of any Project Debt,
shall include all of the usual and customary municipal functions associated with such tasks,
including, without limitation, the formation and administration of special districts; the issuance
of Project Debt; the monitoring and collection of fees, taxes, assessments and charges such as
utility charges; the creation and administration of enterprise funds; the enforcement of debt
obligations and other functions or duties authorized or mandated by Applicable Law.
Section 5.03. Imposition of and Increases in Fees, Taxes, Assessments and Other
Charges.
Section 5.03.1. Taxes and Assessments.
(a) During the Term of this Development Agreement, Developer shall be bound to
and shall not protest, challenge or cause to be protested or challenged, any City
tax in effect on the Vesting Date.
(b) City may apply to the Project or the Property any assessment or fee not in effect
on the Vesting Date only if such assessment or fee is:
(1) An assessment or fee levied in connection with the establishment or
implementation of a Financing Mechanism in accordance with Sections
5.01 and/or 5.02 above; or
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(2)An assessment or fee to which Developer agrees.
(c) No assessment shall be imposed on the Project or the Property other than through
a Financing Mechanism as set forth above unless lawfully applied on a City-wide
basis.
(d) No new debt shall be issued that affects the Project or the Property without
Developer’s approval, unless the approvals otherwise conform with the
requirements of Articles XIII A, C and D of the California Constitution and any
requisite voter approval is achieved, in which case the City may issue debt even if
Developer votes against the matter.
(e) Following the establishment of the initial Financing Mechanism for the Project,
nothing herein obligates Developer to approve any particular future funding
source (e.g., a CFD) or to assist the City, including financial assistance, in
establishing a new financial mechanism that requires a vote of the public without
Developer’s prior written consent, in Developer’s sole discretion.
Section 5.03.2. Other Fees and Charges; Credits and Reimbursements.
(a) City shall impose against or apply to the Project or the Property only those
financial obligations (other than taxes and assessments) described in this Section
5.03.2. Except as otherwise specifically stated below, any financial obligation
imposed against or applied to the Project under this Section 5.03.2 shall be
consistent with the provisions of controlling California law, including California
Constitution article XIII A and Government Code sections 66000 to 66025.
(b) Developer has obtained vested rights pursuant to the VTTM as to the rate of all
City-wide and Project-specific development impact fees (“DIF” or “DIFs”) in
effect as of the date that the VTTM was deemed complete. Developer shall pay
all such DIF fees in effect as of the date that the VTTM was deemed complete
(the “Vested DIF”). On April 17, 2018, the City adopted a comprehensive update
of the City’s DIF program (the “2018 DIF Update”), which is not applicable to
the Project in light of the Project’s existing vested rights under the VTTM.
Notwithstanding the application of such vested rights, Developer has agreed to
voluntarily pay additional DIFs as set forth in this Section 5.03.2(b). All DIFs
shall be calculated at the time of issuance of a building permit for the applicable
structure and be due and payable at the time of the issuance of the certificate of
occupancy of the applicable structure or, if no certificate of occupancy is issued,
upon the final sign-off of the building permit.
(1) DIFs for Residential Units.
(i) DIFs related to Transportation, Water and Waste Water
1 shall
remain at the amount of the Vested DIF until the earlier of: (1) the first
1 City and Developer acknowledges that the 2018 DIF Update currently uses the term “Capacity and
Connection Charges” to refer to DIFs related to Waste Water.
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anniversary of the date of recordation of the first Final Map, subject to the
Parties working in good faith to diligently process the approval and
recordation of the Final Map; or (2) two years after Annexation (the
“Reset Date”). Thereafter, the amount of the initial Vested DIF shall be
increased by ten percent (10%) each of the following years on the
anniversary of the Reset Date until the earlier of the following to occur:
(i) the amount of such adjusted Vested DIFs equal the amount established
under the 2018 DIF Update, as adjusted annually in accordance with the
2018 DIF Update; or (ii) ten (10) years following the Effective Date (the
“Residential DIF Vesting Termination Date”). Thereafter, DIFs shall
be adjusted in accordance with the then applicable City law.
(ii) DIFs related to Fire, Police, and General Government fees, which
do not exist under the Vested DIF but are proposed under the 2018 DIF
Update, will be applied, if adopted, at the rate established in the 2018 DIF
Update and adjusted annually in accordance with the then applicable City
law.
(iii) Developer shall pay all DIFs related to Parklands as provided in
Section 7.03.
(2) DIFs for Non-Residential Development (including without limitation
commercial, retail, hotel, and office).
(i) DIFs related to Transportation, Water and Waste Water shall
remain at the amount of the Vested DIF until the Reset Date. Thereafter,
the amount of the Vested DIFs shall be increased by ten percent (10%)
each of the following years on the anniversary of the Reset Date until the
earlier of the following to occur: (i) the amount of such adjusted Vested
DIFs equal the amount established under the 2018 DIF Update, as adjusted
annually in accordance with the 2018 DIF Update; or (ii) ten (10) years
following the Effective Date (the “Non-Residential DIF Vesting
Termination Date”). Thereafter, DIFs shall be adjusted in accordance
with the then applicable City law.
(ii) DIFs related to Fire, Police, and General Government fees, which
do not currently exist but are proposed under the 2018 DIF Update, shall
not apply for one (1) year following the Reset Date. Thereafter, such DIFs
shall be applicable to any non-residential structure within the Project area
at the rate established in the 2018 DIF Update and adjusted annually in
accordance with the then applicable City law.
(iii) The Developer shall pay any DIFs related to Parklands at the rate
established in the 2018 DIF Update and adjusted annually in accordance
with the then applicable City law.
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(3)Minimum Excess DIF Payment and True-Up. On the tenth anniversary of
the Effective Date (the “True Up Date”), the City shall calculate the
amount of DIFs related to Transportation, Water and Waste Water related
to all permits issued prior to the True Up Date as of the date of when such
DIFs for each permit was calculated:
(1) the amount of such DIFs that would have been paid under the
Vested DIFs (the “Vested DIFs Amount”);
(2) the amount of such DIFs actually paid (the “Actual DIFs
Amount”); and
(3) the amount of such DIFs that would have been paid under the 2018
DIF Update (the “2018 DIFs Amount”).
The difference between the Actual DIFs Amount and the Vested DIFs
Amount shall be referred to as the “Excess DIF Payments”. Developer
has agreed that in no event shall the total amount of Excess DIF Payments
be less than the lower of (i) Two Million Seven Hundred Thousand
Dollars ($2,700,000) or (ii) the 2018 DIFs Amount (the “Minimum
Excess DIF Amount”). In the event that the Excess DIF Payments paid
prior to the True Up Date is less than the Minimum Excess DIF Amount,
the City shall deliver an invoice to Developer in the amount of such
underpayment together with supporting documentation establishing such
amount, and Developer shall remit payment of such amount to City within
thirty (30) days. Any disputes related to such calculations shall be
resolved in accordance with Section 12.07.
(c) Costs of service fees imposed by City, such as planning, engineering, building
permit, and fire plan check fees shall be in accordance with the fees in effect as of
the date the fee is due.
(d) The Developer shall pay all then-current processing fees for any subsequent
planning applications and permits as adopted by the City Council.
(e) City acknowledges that Developer may install infrastructure improvements
beyond its “fair share” obligation. In such event, the City agrees to provide
credits against any fees charged by the City for such improvements beyond the
Project’s “fair share” obligation and to provide reimbursements, funded by
Development Impact Fees paid by other developers, including traffic impact fees,
or funded from other sources, but excluding sewer and water connection fees.
Nothing in this Development Agreement shall preclude City and Developer from
entering into infrastructure-item-specific reimbursement agreements for the
portion of the cost of any dedications, public facilities and/or infrastructure the
City may require the Developer to construct as conditions of the Project
Approvals to the extent that they exceed the Project’s “fair share.”
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(f)Developer shall pay City reasonable staff and consultant time and other
reasonable costs (including reasonable consultant costs) associated with:
(1) the MMRP Evaluation, and the Development Agreement Review,
(2) Developer’s fair share of the establishment of any Financing Mechanism
(to the extent such costs are not recovered from the Financing
Mechanism), including any necessary election costs, and
(3) All other administrative tasks associated with City’s adoption and
implementation of this Development Agreement and the SLR SP.
The parties acknowledge that Developer’s fair share of the establishment of any
Financing Mechanism may be 100% if the Financing Mechanism is limited to
land owned or controlled by the Developer and used to fund public facilities and
infrastructure to the extent necessary to serve development of that land.
(g) City acknowledges that Developer has paid all required fees of the California
Department of Fish and Wildlife (“CDFW”) related to posting of the Notice of
Determination under CEQA for the Project EIR as well as the fee required by the
County Clerk/Recorder. To the extent that any additional fees are due to the
County Clerk/Recorder in the future related to Subsequent Approvals, the City
may require proof of payment of such fees before issuing building permits or
accepting the filing a Final Subdivision Map.
(h) During the term of this Development Agreement, fees and charges other than
those specifically described in subsections (a) through (g) above may be imposed
against or apply to the Project or the Property only as City and Developer agree in
writing.
Section 5.04. Other Financing Commitments.
Section 5.04.1. Arrangements with Other Governmental Agencies. City and
Developer acknowledge and agree that City may from time to time enter into joint exercise of
power agreements, memoranda of understanding, or other agreements with other governmental
agencies consistent with and to further the purposes of this Development Agreement.
Section 5.04.2. Other Funding Sources.
(a) City and Developer agree to pursue actively outside sources of funding for the
construction, operation and maintenance of Project Facilities and Infrastructure
including, in particular, facilities and infrastructure which serve the region. City
shall not unreasonably object to any request from Developer to apply for county,
state or federal funds that may be used to support the development of Project
Facilities and Infrastructure. For purposes of this Section 5.04.2, it is reasonable
for City to object to a request from Developer to apply for county, state or federal
funds for the Project if there are established funding priorities from administering
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agencies (i.e. San Luis Obispo Council of Governments) which are in conflict
with the Project Facilities and Infrastructure.
(b) Any obligation of Developer under this Development Agreement to fund or
otherwise bear the costs of the construction of improvements, the provision of
services or any other item, whether or not the sole obligation of Developer, may
be satisfied through the use of funds provided by, from or through any third party
(including other non-City, governmental) sources.
Section 5.04.3. Reimbursement.
(a) City shall reimburse the costs associated with Developer’s funding or construction
of that portion of any oversized or accelerated improvement or facility that is
attributable to a project or area other than the Project or Property. Costs eligible
for reimbursement shall include hard costs, such as the reasonable direct costs of
construction and materials; and soft costs, such as bond, architecture, engineering,
and professional fees, the reasonableness of which shall be determined by the
City, in its discretion. Such reimbursement shall be based on a fair share
allocation of costs determined by calculating the pro rata share of the capacity in
such oversized or accelerated improvements that is attributable to other projects
or properties based on the percentages set forth in the Financing Plan in
Exhibit C. On- and off-site, over-sized improvements are depicted in Exhibit C;
provided, however, that the City and Developer acknowledge that the amounts
specified in Exhibit C for each improvement are estimates only and that total
reimbursable costs shall be based on Developer’s actual costs as set forth in this
Section 5.04.3. Reimbursement shall be provided timely, in accordance with
Applicable Law, following City’s collection of funds from the following sources:
(1) Development Impact Fees paid by the Project for the improvements
specified with respect to the SLR SP impact fees or the City-wide
transportation impact fees, as applicable;
(2) Development Impact Fees paid to the City for other development in the
SLR SP Area that are not committed to repayment obligations under other
Reimbursement Agreements;
(3) Development Impact Fees paid to City from developers who contribute, or
have contributed, to the impact associated with the improvements installed
by Developer;
(4) Capital Facilities taxes or assessments in a Community Facilities District;
and
(5) Property tax increment revenue in an Enhanced Infrastructure Financing
District.
(b) Backbone infrastructure that is larger than the minimum size or standard as
identified in the Standard Specifications and Engineering Design Standards may
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be considered to be oversized and shall be subject to review and approval by the
City prior to being included in a separate reimbursement agreement. The
Developer may be reimbursed by other private development(s) for that
developments’ Fair Share of the cost to construct sewer and water infrastructure
per San Luis Obispo Municipal Code sections 16.20.100 and 16.20.110. The
Developer will provide a study identifying the benefit area for each such
reimbursement agreement, conforming to San Luis Obispo Municipal Code
section 16.20.110, for review and approval of the City Utilities Department, and
may provide for reimbursement for segments of infrastructure which meet a
utility’s minimum size standard if the study shows those minimally sized facilities
to benefit identified additional developments.
(c) To the extent permitted by law, City shall impose as a condition of approval on
any project that benefits from the oversized or accelerated improvements or
facilities described in this Section 5.04.3(a) such project’s proportionate fair share
of the cost of the improvements eligible for reimbursement as set forth in
Exhibit C.
(d) Under no circumstances shall the City be obligated to fund reimbursement from
its General Fund or other discretionary resources or from funds which may not be
lawfully used for that purpose or to advance funds to Developer as reimbursement
before those funds are collected from others.
(e) Failure by the City to collect funds, or error by the City in calculating the amount
to collect, from the sources identified in subsection 5.04.3(a) above shall not
subject the City to any liability, obligation, or debt to Developer. Notwithstanding
the foregoing, the City shall reimburse Developer pursuant to the terms of this
Development Agreement with respect to all such funds actually collected by the
City. Failure by the City to reimburse Developer after the City collects such
funds shall entitle Developer to exercise its remedies under Article 12. For any
improvement subject to reimbursement under this section, Developer shall
provide City with evidence of the actual hard and soft costs of each of the
improvements in the form of receipted bills, canceled checks, and contracts.
Approval of reimbursement may occur in phases as projects are accepted by City.
Regardless of Developer’s claimed costs incurred in constructing the reimbursable
improvements, City has the authority, through its Director or designee, in the
exercise of his or her reasonable discretion, to determine the amount subject to
possible reimbursement for each improvement.
(f) In the event any owner or developer pays all or a portion of the fees or
assessments identified in subsection 5.04.3(a)(1)–(5) above under protest, the City
need not make reimbursements under this Development Agreement until the
limitation period for suit for a refund of such funds paid under protest has passed,
and no court action (“Action”) has been instituted. If an Action is instituted
seeking refund of funds paid under protest, or to prevent the City from collecting
such funds, or challenging any provision of this Development Agreement, the
City shall not pay over such funds to Developer until the Action has been
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concluded and the authority of the City to collect such funds and reimburse the
Developer has been sustained. The City shall promptly notify Developer in
writing of any Action. The City shall reasonably support Developer’s efforts to
participate as a party to an Action, to defend an Action or settle an Action.
Furthermore, the City may tender defense of an Action to Developer. If, within 15
days of the City’s mailing a notice in compliance with Section 15.08 below
requesting that Developer defend the Action, should Developer thereafter fail to
undertake the defense of the Action at Developer’s sole cost and expense, the City
may stipulate to return of the funds collected under protest, to cease collecting
such funds, or enter into any other settlement of the Action acceptable to the City,
and Developer shall lose any right to reimbursement under this Development
Agreement of the amount contested in the Action. Developer shall further
reimburse the City for its costs and attorneys’ fees incurred in defense of the
Action, including reasonable payment for legal services performed by the City
Attorney or City’s outside counsel, and for any liability the City incurred in the
Action. In addition, if the City fails to impose a requirement upon development
projects to pay their respective prorated share of the improvements specified in
Exhibit “C” or fails to collect such funds, Developer may exercise all of its legal
rights to attempt to collect such funds from the owners or developers of the
benefitted properties, which legal rights shall not be interpreted to include an
action against the City. If Developer attempts to collect such funds from such
owners or developers, the City shall assign to Developer all of its rights to collect
such funds under this Development Agreement.
(g) The City reserves the right to offset any funds it collects from the sources
identified in this Section 5.04.3 against any unpaid fees, debts or obligations of
Developer to the City. The City shall provide Developer with notice, in
accordance with Section 15.08 and Article 12, of its intent to offset any collected
funds against unpaid fees, debts or obligations described in the notice, and
provide Developer with a reasonable opportunity to pay such fees, debts, or
obligations.
(h) Developer’s right to reimbursement under this Section 5.04.3 shall survive
termination of this Development Agreement until the earlier of (i) Developer
having been fully reimbursed or (ii) 25 years following the Effective Date. Such
obligations shall survive the termination of this Development Agreement.
Section 5.04.4. Other Shortfalls of City. Developer understands and
acknowledges that in the event that the residential portions of the Project are developed in
advance of the commercial portions of the Project, the costs to City of serving the residential
portions of the Project may exceed the fees, charges and revenues generated by or as a result of
the residential portions of the Project. Accordingly, in order to mitigate potential shortfalls to the
City’s General Fund resulting from such event, the Parties agree to implement an early
residential development fee (the “Early Residential Development Fee”) to cover the costs of
such municipal services. Each year in conjunction with the annual review of this Development
Agreement, Developer shall pay to the City an Early Residential Development Fee in the amount
of two hundred sixty-two dollars ($262.00) per residential unit for which the City has previously
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approved the final sign-off of the building permit for such residential unit (other than for a Model
Home, as contemplated by Section 7.13.07, below). Upon the issuance of the first certificate of
occupancy for any commercial use in the Project, the obligation to pay the Early Residential
Development Fee shall terminate and shall thereafter no longer be collected by or paid to the
City in conjunction with the annual review of this Development Agreement. Prior to the first
anniversary of the Effective Date, Developer shall post a bond in the amount of Three Hundred
Thousand Dollars ($300,000.00) in favor of the City to secure Developer’s performance of its
obligations under this Section 5.04.4, which such bond shall be maintained for one (1) year after
issuance of the first certificate of occupancy for any commercial use in the Project.
Adjustments to Early Residential Development Fee - Commencing upon the fifth
anniversary of the Reset Date, and upon the day that immediately follows the passage of each sixty
month period thereafter (hereinafter collectively the “Adjustment Date(s)”), the Early Residential
Development Fee payable hereunder shall be adjusted in direct relation to the same ratio of the
percentage change, if any, in the Consumers Price Index for all Urban Consumers (CPI-U) All
Items, 1978 Revised, (1982-84=100) Los Angeles, as issued by the U. S. Department of Labor,
Bureau of Labor Statistics, for the month immediately preceding the Adjustment Date (the
“adjustment date index”), over said index for the month of the date of the annexation of the
Property (the “beginning index”). The parties acknowledge that the indexes herein referenced are
not always published in a fashion which allows for adjustment exactly upon each annual adjustment
date. If the described adjustment index shall no longer be published, another index generally
recognized as authoritative shall be substituted by agreement of the parties. If they are unable to
agree within thirty (30) days after demand by either party, a substituted index shall, upon
application by either party, be selected by the Chief Officer of the Los Angeles Regional Office of
the Bureau of Labor Statistics, its successor, or another entity providing similar services as mutually
agreed by the parties. If the index is changed so that the adjustment date index differs from the
beginning index, the index shall be converted in accordance with the conversion factor published by
the United States Department of Labor, Bureau of Labor Statistics.
Section 5.04.5. Subsidy for Third Party City Costs Related to Prado Overpass. In
the event that (i) the first Final Map for the Project has been approved for recordation by the City
Council prior to September 1, 2018, and (ii) as of July 1, 2019, the Developer has not paid the
Mitigation Measure fair share fee (the “Prado Road Interchange Mitigation Fee”) related to
the construction of the Prado Overpass and related facilities (the “Prado Road Interchange”),
then Developer shall pre-pay up to One Million Five Hundred Thousand Dollars ($1,500,000) of
the Prado Road Interchange Mitigation Fee to reimburse City for documented third-party costs
related to the planning, entitlement, and/or construction of the Prado Road Interchange.
Section 5.04.6. Timing of Payment for Balance of Prado Road Interchange
Mitigation Fee. The balance of the Prado Road Interchange Mitigation Fee shall be paid prior to
the issuance of occupancy permits when any combination of land uses with permitted occupancy
within the San Luis Ranch Specific Plan Area generate a cumulative total of 233 “PM Peak Hour
Trips” or more based upon Table 25 of the San Luis Ranch Specific Plan Multimodal
Transportation Impact Study, as summarized in the table below (the “Initial Trigger Date”).
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For example, if occupancy permits have been issued for 200 Single Family
Residential Units and 77 Multi-Family Residential Units the total PM peak hour trip generation
would be at 232.97 and no further occupancy permits for any land uses in the SLR SP Area
would be issued until the balance of the Prado Road Interchange Mitigation Fee is paid.
As an alternative to paying the Prado Road Mitigation Fee upon the Initial Trigger
Date, as specified above, prior to the PS&E Trigger Date, defined below, Developer may deposit
an irrevocable letter of credit (“Letter of Credit”) with the City, in a form subject to the
reasonable approval of the City Attorney, for the then current estimate of the balance of the
Prado Road Interchange Mitigation Fee. Upon sixty percent (60%) design submittal of
CalTrans’s Plans, Specifications and Estimate for the Prado Road Interchange (the “PS&E
Trigger Date”), the remaining balance of the Prado Road Interchange Mitigation Fee shall be
fully due and payable. At any time prior to the PS&E Trigger Date, the City may request, and
Developer shall pay, the amount reasonably estimated by the City as necessary to cover any
anticipated third-party pre-construction costs for the Prado Road Interchange. In the event
Developer fails to pay such costs within thirty (30) days of City’s written demand, City may call
the Letter of Credit due and payable. Following Developer’s payment upon City’s demand,
Developer may deposit a revised Letter of Credit with the City, with a principal balance reduced
in the amount of such payment.
ARTICLE 6. COMMITMENTS RELATED TO PUBLIC IMPROVEMENTS
Section 6.01. Backbone Infrastructure Improvement Plan. The SLR SP Backbone
Infrastructure (“Backbone Infrastructure”) is planned to be designed and constructed in
accordance with the SLR SP, EIR and SEIR. The Parties acknowledge that further analysis may
result in a more cost-effective approach to the provision of the planned infrastructure to
adequately serve development of the SLR SP Area, and that Figures [__] of the SLR SP may be
modified in accordance with Section 9.03 without the need for amendment of this Development
Agreement.
Section 6.01.1. Specific Plan Improvements. The improvements described in the
SLR SP and Resolution No. 10822 (2017 Series) certifying the EIR, constitute the SLR SP
“Improvement Plan.”
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Section 6.01.2. The Improvement Plan may be amended by agreement of the
Parties to take advantage of new technologies, to respond to changes in the underlying land use
assumptions upon which the plan is based, or for such other reasons as the Parties may agree,
consistent with the Project EIR, SEIR or a subsequent environmental review, if required.
Section 6.02. Construction and Dedication of Project Facilities and Infrastructure.
Section 6.02.1. Construction and Funding by Developer. The City may, in any
manner consistent with the terms and provisions of this Development Agreement, require
Developer to construct or to fund the construction of any Project Facilities and Infrastructure
when needed to satisfy the Backbone Infrastructure Improvements Plan, the EIR, and SEIR.
Section 6.02.2. Oversizing of Project Facilities and Infrastructure.
(a) In addition to requiring Developer to construct or to fund the construction of
Project Facilities and Infrastructure, City may require any Project Facilities and
Infrastructure constructed or funded by Developer under Section 6.02.1 above to
be oversized to serve projects or areas other than the Project or the Property,
provided that:
(1) City shall cooperate with Developer and shall exhaust all reasonable
efforts and diligently pursue all necessary or appropriate actions related to
the establishment of a Financing Mechanism to provide such additional
funding;
(2) City shall grant a fee credit, enter into private reimbursement agreements,
or reimburse the costs associated with Developer’s funding or construction
of that portion of any such oversized improvements that is attributable to
projects or areas other than the Project or the Property, pursuant to
subsection 5.03.2(e) above.
(b) If the incremental construction of facilities required by the SLR SP would involve
significant inefficiencies for a component of the Project that the City reasonably
finds unacceptable, it may require Developer to construct or provide advance
funding for the construction of oversized improvements required by the SLR SP.
For example, if the Project generates a need for an 18-inch sanitary sewer line, but
other projects reasonably may be expected to use that sewer line and thereby
increase the required capacity of such line to 24 inches, City may require
Developer to construct or fund the construction of a 24-inch sewer line (but shall
provide reimbursement as described in subsection 5.04.2(b) above and as
otherwise required under the Subdivision Map Act).
Section 6.02.3. Dedications.
(a) To the extent rights-of-way or other interests in real property owned by Developer
within the Property are needed for the construction, operation or maintenance of
Project Facilities and Infrastructure, Developer shall dedicate or otherwise convey
such rights-of-way or other interests in real property to City by the earlier of
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(i) when such rights are actually needed for Project Facilities and Infrastructure or
(ii) before approval of a final subdivision map for the Project that includes such
rights-of-way or other interests in real property. Such rights-of-way or interests
shall be dedicated or otherwise conveyed in the widths set forth in the SLR SP or
as depicted on the tentative map.
(b) Any public improvements constructed by Developer and conveyed to City, and
any rights-of-way or other real property interests conveyed to City, shall be
dedicated or otherwise conveyed: (i) free and clear of any liens unacceptable to
the City and (ii) except as otherwise agreed to by City, in a condition free of any
toxic materials; provided, however, that, City shall be responsible for the
condition of any real property acquired by eminent domain. Nothing herein shall
affect or prevent City’s right to pursue claims against third parties under
applicable law.
Section 6.03. Cooperation as to Project Facilities and Infrastructure.
Section 6.03.1. In General. City shall cooperate with Developer and take all
actions necessary or appropriate to facilitate the development of Project Facilities and
Infrastructure. Such cooperation shall include, without limitation: (i) the diligent, timely and
lawful exercise by City of its power of eminent domain to acquire any rights-of-way or other real
property interests City and Developer agree are needed for Project Facilities and Infrastructure
(provided that the costs of any such acquisition shall be borne by the Project); and (ii) City’s
diligent efforts to work with other landowners and governmental and quasi-governmental
agencies to allow timely approval and construction of such Project Facilities and Infrastructure.
(a) Developer shall exhaust all reasonable efforts and diligently pursue acquisition of
all necessary easements and/or rights of way not currently owned or controlled by
City or Developer which are required to construct the Off-Site Improvements. For
purposes of this Section 6.03.1, the term “reasonable efforts” shall mean that the
Developer has made a commercially reasonable written offer to purchase the
property interest at fair market value, in accordance with an appraisal conducted
by an MAI appraiser.
(b) If after exercising reasonable efforts Developer is unable to acquire the necessary
easements and/or rights of way, City, upon written request of Developer, shall, in
City’s sole discretion: (1) require Developer to construct functionally equivalent
alternative improvements to those previously approved, provided that such
alternative improvements are equally or more effective in addressing the impact;
(2) pursue acquisition of the real property interests by means of eminent domain;
or (3) if the City declines to exercise powers of eminent domain, abandon or defer
the Obligation in accordance with Section 66462.5 of the Subdivision Map Act.
City and Developer acknowledge that eminent domain is a discretionary process
and that City cannot commit to its use unless and until all appropriate
notifications, hearings and proceedings have been undertaken. If City chooses to
pursue acquisition of the real property interests by means of eminent domain, City
shall take all reasonable steps necessary towards that endeavor, including
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undertaking appraisals, noticing property owners, noticing and holding required
public hearings and meetings, and following any other procedures required for
pre-judgment possession and Developer shall pay all costs reasonably incurred by
City related to, arising from, or associated with such acquisition or condemnation
proceedings, including but not limited to, attorneys’ fees, expert witness fees, and
jury awards of any kind. In addition, Developer shall indemnify, defend and hold
City harmless from and against any and all claims, liabilities or causes of action
of any kind associated with City’s acquisition of such real property interests,
excluding therefrom any claims, liabilities or causes of action arising from City’s
gross negligence or willful misconduct.
(c) City shall not unreasonably delay the recordation of the Final Map or the issuance
of any grading and building permits for private improvements on the Property
during the pendency of any activities under this Section except as necessary to
protect public health and safety. In addition, and not by way of limitation, City
shall not delay the processing, approval, or recordation of any Final Map for the
Project due to Developer’s inability to obtain any off-site land acquisitions or
easements; provided, however, that (i) City shall not require any engineering
other than conceptual plans until the areas of such acquisitions or easements are
obtained or the improvements are waived or alternative improvements are
identified, as described above, and (ii) Developer and City shall include such land
acquisitions or easements within the scope of any subdivision improvement
agreement and related bonds. In order for the Developer to satisfy financing
requirements and to complete approval and recordation of the Final Map while
Developer is attempting to acquire any remaining off-site acquisitions, City shall
allow feasible interim alternatives that do not require offsite acquisitions in order
for the Project to function, including but not limited to a controlled intersection in
lieu of a roundabout at the intersection of Dalidio Drive and Froom Ranch Way,
in accordance with Applicable Law, including CEQA, and subject to approval by
the City Manager, which shall not be unreasonably withheld, delayed or
conditioned.
(d) Upon acquisition of the necessary interest in land, or upon obtaining right of
entry, either by agreement or court order, Developer shall commence and
complete the public improvements. This requirement shall be included, and, if
necessary, detailed, in any subdivision improvement agreement entered between
the Developer and the City pursuant to Government Code section 66462.
(e) If and to the extent this Section 6.03.1 demands more of Developer than does
Section 66462.5 of the Subdivision Map Act, this Section shall apply in addition
to the Developer’s obligations under that statute.
(f) City acknowledges that the execution and recordation of this Development
Agreement satisfies the requirements of Condition of Approval 36 related to
recordation of an agreement between City and Developer.
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(g) City acknowledges that Condition of Approval 70, which states, “Easements and
encroachment permits from Caltrans shall be secured to cross the highway, and
shall include the installation of a new sewer casing per requirements of the
encroachment permit” may be satisfied following recordation of the Final Map,
but prior to occupancy of any structure in the Project.
(h) City acknowledges that Condition of Approval 95, which states, “The project plan
and reports shall show compliance with the City’s Floodplain Management
Regulations and FEMA requirements. This project is located within an unstudied
A zone and adjacent to an AE zone. The required conditional Letter of Map
Revisions Based on Fill (CLOMR-F) shall be processed and approved by FEMA
prior to commencement of construction or placement of fill within the Special
Flood Hazard Area (SFHA). The final LOMR-F shall be submitted to FEMA,
along with the required Community Acknowledgement form, within 6 months of
the completion of the grading. The LOMR-F shall be approved by FEMA prior to
acceptance of the final building pad and development grades by the City of San
Luis Obispo and prior to building permit issuance” may be satisfied by posting a
bond for grading restoration costs, in an amount subject to the approval of the
City Engineer and in a form subject to the approval of the City Attorney, which
will allow limited improvements within the current boundaries of the floodplain
area to be constructed, as follows: (i) site grading and backbone infrastructure
improvements may be undertaken and completed that are consistent with a
submitted CLOMR-F covering the area of the proposed grading; (ii) following
approval of such CLOMR-F by FEMA, the grading shall be confirmed as
consistent with the approved CLOMR-F and, if necessary, any remedial work
shall be undertaken; (iii) following certification that grading is consistent with an
approved CLOMR-F, City and Developer shall work in good faith with one
another towards allowing Developer to proceed with additional improvements
within the current boundaries of the floodplain area taking into consideration:
(i) the status of the LOMR-F and any feedback received from FEMA; and
(ii) compliance with the City’s Floodplain Management Regulations. The Parties
acknowledge that there may be more than one CLOMR-F or LOMR-F for the
Project Site.
Section 6.03.2. Temporary Access Licenses. City agrees to grant to Developer a
temporary non-exclusive access license in a form and in a location subject to the approval of the
City Attorney, the City’s Natural Resources Director, and Developer, across the property
commonly known as the “City Farm Property” (APNs: 053-152-006, 053-152-007, and
053-152-008) to allow reasonable access for Project construction and for agricultural operations
on the Property. Said license shall be subject to the consent and approval of any current lessee
on said property, whose leases shall also be subordinated to the related easement to be granted by
City to Developer. In return, Developer shall grant the City a temporary non-exclusive access
license in a mutually agreeable location to serve the agricultural operations of the City Farm
Property. Prior to Developer’s use of the temporary access license for construction purposes,
Developer shall, at its sole cost and expense, design and install an all-weather road along the
entirety of the access roadway area. During the term of this temporary non-exclusive access
license, Developer shall, at its sole cost and expense, maintain the roadway and the all-weather
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surface in good and passable condition. This temporary non-exclusive access license shall
automatically terminate and be replaced by the below referenced Permanent Access Easements
upon completion of Project construction.
Section 6.03.3. Permanent Access Easements. City agrees to grant to Developer
a permanent non-exclusive access easement in a form and in a location subject to the approval of
the City Attorney, the City’s Natural Resources Director, and Developer across the City Farm
Property to allow access for agricultural operations on the Property. Said easement shall be
subject to the consent and approval of any current lessee on the property, whose leases shall be
subordinated to the easements to be granted by City to Developer. In return, Developer shall
grant City a permanent non-exclusive access easement in a mutually agreeable location to serve
the agricultural operations of the City Farm Property. City and Developer shall have mutual
responsibility for maintenance of the access easements and the all-weather road which shall be
allocated as follows: 25% City and 75% Developer.
Section 6.03.04. Cooperation Related to Off-Site Improvements. To the extent
that Developer is required to construct any Off-Site Improvements that require work on land
outside of the control of Developer, including without limitation related to compliance with
Conditions of Approval 9, 12, and 12.a, Developer may apply for approval from the City Public
Works Director to extend the timeline for completion of such improvements upon posting of
appropriate security, such as bonding, for the completion of such improvements, which approval
shall not be unreasonably withheld.
ARTICLE 7. OTHER COMMITMENTS OF CITY AND DEVELOPER
Section 7.01. Mutual Cooperation for Other Governmental Permits. City and Developer,
as appropriate, shall each be responsible to apply to the respective governmental or quasi-
governmental agencies for necessary permits and approvals for development and use of the
Property (e.g., agencies having jurisdiction over water supply; wastewater treatment, reuse and
disposal; access to the Property; wetlands-related and other biological issues). City and
Developer shall each take any and all actions as may be necessary or appropriate to process
successfully such permits and approvals, provided such permits and approvals are consistent
with the SLR SP and agreed by the City and Developer to be reasonably necessary or desirable
for the construction, maintenance or operation of the Project.
Section 7.02. Timing of Development.
Section 7.02.1. Timing Requirements.
(a) Developer shall be obligated to comply with the terms and conditions of the
Project Approvals, the SLR SP, and this Development Agreement when specified
in each. The Parties acknowledge that the rate at which the Project will develop
depends upon numerous factors and market conditions that are not entirely within
Developer’s or the City’s control. The Parties wish to avoid the result of Pardee
Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), where the failure of
the parties there to expressly provide for the timing of development resulted in the
court’s determination that a later-adopted initiative restricting the timing of
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development prevailed over the parties’ agreement. Accordingly, the Parties
acknowledge that Developer shall have the right to develop the Project at such
time Developer deems appropriate in the exercise of its subjective business
judgment except as provided in subsections (b) and (c), below.
(b) Developer may proceed with the development of any portion of the Project
consistent with the Project Approvals, or make any financial commitment
associated with any such development when, in Developer’s sole and absolute
discretion, Developer determines it is in Developer’s best financial or other
interest to do so. The foregoing sentence shall not, however, limit any obligation
of Developer under this Development Agreement with respect to any
development activities that Developer chooses to undertake hereunder, nor shall
anything herein be interpreted to relieve Developer from compliance with any
condition of approval, environmental mitigation compliance measure or other
applicable regulatory requirement under Applicable Law.
(c) In accordance with Section 17.88.020.B of the City’s Municipal Code, the City
has found that the SLR SP and this Development Agreement are consistent with
the policies and intent of the City’s Growth Management Ordinance. Section
7.7.1 of the SLR SP relating to timing of improvements is hereby incorporated by
reference.
Section 7.03. Dedication of Park Lands. Developer shall dedicate land to satisfy its
obligations under the Quimby Act, the General Plan Park Element, and Applicable Law. At a
minimum, Developer shall dedicate 2.8 acres of land within the Property for use as public park
land. Developer shall construct all park and recreation improvements as required by the
conditions of approval subject to the City’s Parks and Recreation Commission’s review and
approval. Ongoing maintenance and operation of the park facilities shall be funded by the Project
residents pursuant to one or more of the Funding Mechanisms described in Section 5.02 above
and/or assessments under homeowner CC&Rs, and shall not be payable from the City’s General
Fund or other community-wide resources. Should the land the Developer offers for dedication be
insufficient to meet Developer’s obligation under Applicable Law, Developer shall dedicate
sufficient additional land off-site or pay an lieu fee in the maximum amount of Three Million
One Hundred Seventy Five Thousand Twenty Six Dollars ($3,175,026) to meet its requirement
after applicable credits for additional park lands provided. Any in lieu fee assessments shall be
based upon the amount of the fees in place as of the date of the approval of this Development
Agreement. City shall prioritize any in lieu fees paid by Developer for improvements at Laguna
Lake Park, subject to City’s review of its funding constraints and obligations.
Section 7.04. Dedication of Open Space/Agricultural Lands. To compensate for the loss
of onsite agricultural lands and to meet the open space objectives of the General Plan, Developer
shall dedicate, in a form subject to the approval of the City Attorney and the City’s Natural
Resources Director, a conservation easement or series of conservation easements in accordance
with the SLR SP, the Project Approvals, and subsections (a) through (h) below.
(a) Land designated in the Specific Plan as “Open Space” shall be subject to an
“Open Space Easement”.
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(b) Land designated as “Agriculture Heritage Facilities and Learning Center” shall be
subject to a “Historic Preservation and Agricultural Easement”.
(c) Land designated as Agriculture shall be restricted by an “Agricultural Easement”.
(d) Developer shall mitigate a portion of the agricultural/open space obligations for
the Project by obtaining a perpetual Agricultural Easement off-site: (i) on
approximately 30 acres within a larger parcel of land identified as Assessor Parcel
No. 067-181-010; or (ii) on comparable land subject to the approval of the City’s
Natural Resources Manager.
(e) Developer shall offer for dedication the above-referenced easements in
accordance with the requirements of the Project Approvals.
(f) Developer may use land subject to the above-referenced easements in accordance
with the restrictions of those easements, the Project Approvals, and Applicable
Law.
(g) Prior to issuance of any grading permits for the Property, Developer shall provide
that for every one (1) acre of on-site Important Farmland (Prime Farmland,
Farmland of Statewide Importance, and Unique Farmland) that is permanently
converted to non-agricultural use as a result of the Project’s development, that
one (1) acre of land of comparable agricultural productivity shall be preserved
through a perpetual Agriculture Easement.
(h) Developer shall comply with the Operational Guidelines, terms and conditions for
the Agricultural Land as set forth in Exhibit E, which are incorporated herein by
this reference.
Section 7.05. Affordable Housing. In furtherance of the City’s inclusionary housing
goals, Developer shall provide affordable housing within the Project as set forth in Exhibit F.
The Developer shall integrate affordable units into neighborhoods as required for the on-site
residential development. Developer may provide the affordable units required for the commercial
portion of the development on-site, off-site or through the payment of in-lieu fees.
Section 7.06. Energy.
(a) Developer shall provide for accelerated compliance with the City’s Energy
Conservation Goals and its Climate Action Plan by implementing energy
conservation measures significantly above City standards and norms by providing
for solar PV energy generation for 100 percent of onsite electrical demand at
build-out. The Project shall also include energy efficiency standards in excess of
the Building Code in effect in the City on the Vesting Date and implement the
feasible strategies set forth in Section 5.4.2 of the SLR SP.
(b) Developer shall provide sustainability features including: (i) housing that meets
the 2019 net zero building and energy codes or, if the 2019 building and energy
codes are not yet adopted upon building permit application, equivalent energy
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features shall be provided to the approval of the Community Development
Director, (ii) implementing any future City-wide policy regarding zero carbon
emissions, (iii) solar electric panels, (iv) integrated power outlets for electric
vehicles and electric bicycles, (v) building design that maximizes grey water
usage, and (vi) work-at-home options with high-speed fiber-optic connectivity.
Section 7.07. Water. Developer shall provide for accelerated compliance with the
Climate Action Plan by implementing special water conservation measures to reduce the use of
potable water by Project households to 35 percent below the City-wide average as of July 18,
2017 (95-gpcd).
(a) Developer shall install water improvements necessary to serve the Project as
shown in Figure 7.1 of the SLR SP.
(b) Notwithstanding anything herein to the contrary, Developer shall comply with the
California Water Code and the regulations imposed by the City in its capacity as
the Groundwater Sustainability Agency pursuant to the Sustainable Groundwater
Management Act (“SGMA”) in all matters related to the Project. Developer
acknowledges that SGMA regulations will be implemented after the Vesting Date
of this Development Agreement and likely throughout its term and nevertheless
agrees to comply with them as to the Project.
(c) Developer reserves all groundwater or other water rights with respect to the
Property and shall be entitled to irrigate agricultural or open space land with
ground or well water, to the extent that such reservation and action does not
violate Applicable Law and so long as such water meets or exceeds all applicable
water quality standards.
(d) Any and all tentative subdivision maps approved for the Project shall comply with
Government Code Section 66473.7 if, and to the extent, required by Government
Code Section 65867.5(c).
Section 7.08. Wastewater. Developer shall provide sufficient wastewater capacity in the
force main between Laguna Lift Station and the plant’s headworks structure to convey the
wastewater generated by the Project as shown in Figure 7.3 of the SLR SP and as documented in
the Project’s sewer design narratives. The City has approved a sewer design exception for the
Project, and, to offset such exception, prior to recordation of the Final Map, Developer shall pay
City Three Hundred Thousand Dollars ($300,000) (the “Capacity Offset Fee”). The City shall
use the Capacity Offset Fee to establish a grant program for existing City residents to replace or
upgrade existing sewer laterals equivalent to 66,000 gallons per day of sewer capacity. Each
linear foot of replaced private lateral under such grant program shall have a credit of 17 gallons
per day, or approximately 64 residential laterals having an average length of 60 feet within the
Laguna Sewer Service Area.
Section 7.09. Recycled Water Facilities. Developer shall provide the recycled water
improvements shown in Figure 7.2 of the SLR RP.
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Section 7.10. Storm Drain Facilities. Before approval of a Final Subdivision Map or
building permit for a use that does not require a map, Developer shall provide storm drain
facilities as set forth in Figure 7.4 of the SLR SP adequate to accommodate the storm water
runoff from the area subject to such Map or building permit.
Section 7.11. Floodplain Management. Before approval of a Final Subdivision Map or
building permit for a use that does not require a map, Developer shall construct or make all
necessary grading and drainage improvements in accordance with the SLR SP Floodplain
Management Plan and EIR. The City shall allow building permits to be issued in areas that are
within a mapped floodplain upon: (i) certification of compliance with the SLR SP Floodplain
Management Plan and (ii) a covenant by the Developer to purchase flood insurance or other
similar measure until such time as FEMA has approved a Letter of Map Revision for the
Property.
Section 7.12. Traffic and Circulation Improvements. Developer shall construct
improvements to satisfy the traffic mitigation measures and bicycle and multimodal
improvements as set forth in Resolution No. 10822, conditions of approval and for backbone
infrastructure for the Project, as modified by Sections 5.04.5 and 5.04.6, hereof. For any
improvements required prior to initial occupancy, such improvements may be secured through
the posting of a bond, which will allow building permits to be issued concurrent with
construction of such improvements; provided, however, that final occupancy shall be permitted
only upon full completion of all such improvements.
Section 7.13. Miscellaneous.
Section 7.13.01. Covenants, Conditions, and Restrictions (CC&Rs). CC&Rs for
each subdivision within the Property shall state substantially the following: “This project is
within the boundaries of the SLR SP and, as such, is subject to design guidelines and
development standards incorporated into the SLR SP and the SLR SP Design Guidelines, both
on file with the Community Development Department of the City of San Luis Obispo.” Before
the City need approve a Final Subdivision Map or issue a building permit for a land use that does
not require a map, the CC&R disclosure statement referenced above shall be provided to the City
Attorney for review and approval.
Section 7.13.02. Public Improvements. Unless the Parties otherwise mutually
agree, the City shall own and maintain, or cause to be maintained, the following public
improvements:
(a) Potable water system and water tank, within public properties or public
easements;
(b) Sanitary sewer system, within public properties or public easements;
(c) Recycled water system, within public properties or public easements;
(d) Storm drain system, including continuous deflective separation (CDS) vaults or
other best management practices (BMP) facilities, within public properties or
public easements;
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(e) Public roadways;
(f) Public parks; and
(g) Public access, landscape, and utility easements.
Section 7.13.03. Public Utilities Easements. All land subject to public utilities
easements (PUEs); public water, sewer, or storm drain easements; and public access easements
shall be open and accessible to the City at all times.
Section 7.13.04. Design Review of Major Surface Public Facilities. Design
Review shall be completed for all major surface public facilities before construction.
Section 7.13.05. Design and Construction Standards for Sewer and Water
Facilities. All sewer, water and recycled water facilities shall conform to the Design and
Construction Standards in effect for the Project when improvement plans are submitted. The
submittal shall include all pertinent engineering analysis and design calculations. The plans shall
be subject to the Director of Public Works’ review and approval.
Section 7.13.06. Cable/Fiber Networking. Developer shall provide cable or
suitable conduit to each City facility, public park, or other lot designated for City or public use
within the Project for fiber networking. The cable or suitable conduit shall be shown on the joint
trench improvement plans and constructed before the final lift of asphalt is placed on adjacent
streets.
Section 7.13.07. Model Homes. Prior to recordation of any final map, City
agrees to issue building permits and occupancy certificates for the construction of model homes
(and related model home complex structures) that will be used by Developer for the purpose of
promoting sales of single-family residential units within the Project; provided, however, in no
event shall City be required to issue more than twenty-four (24) building permits for the
construction of model homes, and in no event shall Developer be permitted to sell or transfer any
model home until a Final Map has been recorded on that portion of the Project where the model
home is located.
ARTICLE 8. CONSIDERATION OF PERMITS AND APPROVALS
Section 8.01. Review and Action Generally. Upon Developer’s submission of any
complete application for an Approval together with any fees required under Article 5 and
required by City in accordance with Applicable Law, City shall use its best efforts to commence
and complete promptly and diligently all steps necessary to act on the application. Developer
shall promptly provide to City all information reasonably requested by City for its consideration
of any such application.
Section 8.02. Applicable Law. Except as otherwise specifically provided in this Article
8, all applications for Approvals submitted by Developer shall be considered by City in
accordance with Applicable Law. To the extent Developer applies for an approval that would
have the effect of amending a component of Applicable Law as defined in Section 4.01.1, the
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aspect of Applicable Law to be amended shall not apply to the City’s consideration of the
application for such request.
Section 8.03. General Plan and San Luis Ranch Specific Plan Amendments. The Parties
anticipate that Developer may request amendments to the General Plan or the SLR SP to respond
to changing circumstances and conditions. City is not obligated to approve any such application
and may, in the exercise of its legislative discretion, approve, deny or propose conditions or
modifications thereto, including conditions or modifications that might otherwise be prohibited
by the vested rights provided by this Development Agreement. Developer shall be afforded a
reasonable opportunity to review any such proposed conditions and modifications and to
withdraw its application for a General Plan amendment or Developer Specific Plan amendment
(in which case neither Developer’s proposed amendments nor the City’s proposed modifications
shall become effective).
Section 8.04. MMRP Application. When conducting an environmental review of any
application for an Approval, City shall review the MMRP to determine if any mitigation measure
contained in the MMRP as to the portion of the Property subject to this Development Agreement
should be incorporated into the design of, or made a condition of approval of, such Approval.
Section 8.05. Life of Approvals. Any Approval issued by City, including any Tentative
Tract Maps, shall continue in effect without expiration until the later of: (i) the expiration or
earlier termination of this Development Agreement or (ii) the date upon which such Approval
would otherwise expire under California law.
Section 8.06. Vesting Maps. The ordinances, standards and policies applicable to any
vesting tentative map, vesting parcel map, vesting subdivision map or any other type of vesting
map (“Vesting Map”) under California Government Code section 66474.2, and the ordinances,
policies and standards vested under any Vesting Map pursuant to California Government Code
section 66498.1(b) shall be those established as Applicable Law under this Agreement. If this
Development Agreement terminates before the expiration of any Vesting Map or the vested
rights provided thereby, such termination of this Development Agreement shall not affect
Developer’s right to proceed with development under such Vesting Map in accordance with the
ordinances, policies and standards so vested under the Vesting Map. In accordance with
California Government Code section 66456.1, Developer and the City have concurred that
multiple final maps may be filed.
ARTICLE 9. AMENDMENTS
Section 9.01. In General. This Development Agreement may be amended from time to
time only upon the mutual written consent of City and Developer and in compliance with
section 17.94.190 of the City’s zoning ordinance; provided, however, that in connection with the
transfer of any portion of Developer’s Rights and/or Obligations under this Development
Agreement to another person, entity, or organization pursuant to Article 13 below, Developer,
such transferee and City may agree that the signature of such transferee may thereafter only be
required to amend this Development Agreement insofar as such amendment would materially
alter the Rights and/or Obligations of such transferee. In no event shall the signature or consent
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of any “Non-Assuming Transferee” (as defined in Section 13.03 below) be required to amend
this Development Agreement.
Section 9.02. Future Approvals Do Not Require Amendments to Agreement. Except as
the Parties may otherwise agree, no amendment of this Development Agreement shall be
required in connection with the issuance of any Approval or an amendment to the MMRP. Any
Approval issued after the Vesting Date as to a portion of the Property shall be incorporated
automatically into this Development Agreement and vested hereby. Unless otherwise permitted
by this Development Agreement, however, City shall not amend or issue any Approval unless
Developer requests such an amendment or Approval.
Section 9.03. Operating Memoranda. The provisions of this Development Agreement
require a close degree of cooperation between City and Developer. The Parties acknowledge that
clarifications may be necessary with respect to the details of performance of City and Developer.
If and when, from time to time during the term of this Development Agreement, the Parties agree
that such clarifications are necessary and appropriate, the Parties shall effectuate such
clarifications through operating memoranda, approved in writing by each of them, which, after
execution, shall be attached hereto as addenda and become a part hereof. No such operating
memoranda shall constitute an amendment to this Development Agreement requiring public
notice or hearing. The City Manager, in consultation with the City Attorney, shall make the
determination on behalf of City whether a requested clarification may be effectuated pursuant to
this Section 9.03 or whether the requested clarification is of such a character as to constitute an
amendment hereof pursuant to Section 9.01 above. The City Manager shall be authorized to
execute any operating memoranda hereunder on behalf of City.
Section 9.04. Administrative Amendments. Upon the request of Developer for an
amendment or modification of any Project Approval, the Planning Director or his/her designee
shall determine: (a) whether the requested amendment or modification is minor when considered
in light of the Project as a whole; and (b) whether the requested amendment or modification
substantially conforms with the material terms of this Development Agreement and the
Applicable Law. If the Planning Director or his/her designee finds that the requested amendment
or modification is both minor and substantially conforms to the material terms of this
Development Agreement and the Applicable Law, the amendment or modification shall be
determined to be an “Administrative Amendment,” and the Planning Director or his/her
designee may approve the Administrative Amendment without public notice or a public hearing.
ARTICLE 10. ANNUAL REVIEW
Section 10.01. In General. The Community Development Director shall annually and
concurrently conduct: (i) the MMRP Evaluation as set forth in Section 11.01; and (ii) the
Development Agreement Review as set forth in Section 11.04 (collectively, the “Annual
Review”). With respect to the MMRP Evaluation, if the Community Development Director
determines that mitigation measures adopted by City in connection with its approval of the SLR
SP and the Zoning are not being implemented as set forth in the MMRP, he or she shall take any
appropriate remedial action as described in Section 11.01 below. Further, the Community
Development Director shall incorporate the results of the MMRP Evaluation into the review of
any applications for Approvals submitted thereafter.
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Section 10.02. Other Investigations and Evaluations. City may from time to time,
whether or not as a part of an Annual Review, investigate or evaluate any matter that is properly
the subject of an Annual Review.
ARTICLE 11. MMRP EVALUATION AND DEVELOPMENT AGREEMENT REVIEW
Section 11.01. MMRP Evaluation. During its Annual Review, City shall conduct the
MMRP Evaluation by evaluating whether the mitigation measures the City adopted upon its
approval of the SLR SP and the Zoning are being implemented as to the Property as set forth in
the MMRP.
Section 11.02. MMRP Implementation. As set forth in the MMRP, City shall consider in
connection with any application for an Approval the extent to which mitigation measures
described in the MMRP should be incorporated into the design of the project under consideration
or made conditions of the approval of the project. During an MMRP Evaluation, the City shall
evaluate its overall success over the previous year in implementing such mitigation measures and
consider any additional steps that may be appropriate to ensure, as Approvals are considered
over the following year, successful implementation of such mitigation measures (including, in
particular, mitigation measures that are the responsibility of City or other agencies with
regulatory authority over the Project).
Section 11.03. Enforcement. Developer shall be responsible only for those mitigation
measures the City requires to be incorporated into the design of the Project, including those that
are made conditions of any Approval. Failure to comply with any such design requirement or any
condition of approval shall be enforced in any manner authorized by Applicable Law.
Section 11.04. Development Agreement Review. The Community Development
Director shall review this Development Agreement annually to ascertain Developer’s good faith
compliance as to the Property (the “Development Agreement Review”). The Development
Agreement Review shall be conducted concurrently with the MMRP Evaluation as part of the
Annual Review pursuant to Article 10. In connection with the Development Agreement Review,
Developer shall provide information reasonably requested by City.
Section 11.05. Director’s Findings of Compliance. If the Community Development
Director finds good faith compliance by Developer with this Agreement, the Community
Development Director shall issue a “Finding of Development Agreement Compliance,” which
shall be in recordable form and may be recorded by Developer or any “Mortgagee” (as defined in
Section 14.01 below). Issuance of a Finding of Development Agreement Compliance and
expiration of the appeal period specified below without appeal, or confirmation by the City
Council of the issuance of the Finding of Development Agreement Compliance upon such
appeal, shall finally determine the Development Agreement Review for the applicable period.
Section 11.06. Finding of Development Agreement Noncompliance. If the Community
Development Director finds that Developer and/or a Transferee has not complied in good faith
with this Agreement, the Community Development Director shall proceed as specified in
sections 17.94.200–17.94.220 of the City’s Zoning Ordinance.
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ARTICLE 12. DEFAULT, REMEDIES, TERMINATION OF DEVELOPMENT
AGREEMENT
Section 12.01. Notice and Cure.
(a) Any failure by a Party to perform any term or provision of this Development
Agreement, which failure continues uncured for 60 days following written notice
of such failure from the other Party (unless such period is extended by written
mutual consent), shall constitute a default under this Agreement. Any such notice
shall specify the nature of the alleged failure and, where appropriate, how such
alleged failure may be cured. If the nature of the alleged failure is such that it
cannot reasonably be cured within 60 days, then commencement of the cure
within that time, and diligent prosecution to completion of the cure thereafter,
shall be timely. If the alleged failure is cured, then no default shall exist and the
noticing Party shall take no further remedial action and shall acknowledge the
cure in writing to the other Party. If the alleged failure is not cured, then a default
shall exist under this Development Agreement and the noticing Party may
exercise any of the remedies available under sections 12.03 through 12.05 below.
(b) No failure or delay in giving notice of default shall constitute a waiver of default;
provided, however, that the provision of notice and opportunity to cure is a
prerequisite to the enforcement or correction of any default.
Section 12.02. Actions during Cure Period.
(a) During any cure period specified under Section 12.01 and before delivery of a
notice of failure or default, the Party charged shall not be considered in default of
this Development Agreement. If there is a dispute as to the existence of a default,
the Parties shall otherwise continue to perform their obligations hereunder, to the
maximum extent practicable in light of the disputed matter, pending its resolution
or termination of this Development Agreement.
(b) City shall continue to process in good faith applications for Approvals during any
cure period, but need not approve any such application if it relates to a project as
to which there is an alleged default hereunder.
Section 12.03. Remedies of Non-Defaulting Party.
Section 12.03.1. In General. If any Party is in default under the terms of this
Agreement, the non-defaulting Party may elect, in its sole and absolute discretion, to pursue any
of the following courses of action: (i) waive such default; (ii) in City’s case, pursue
administrative remedies as provided in Section 12.04 below, (iii) pursue judicial remedies as
provided for in Section 12.05 below; and/or (iii) terminate this Development Agreement as and
to the extent permitted by Section 12.06 below and consistently with section 17.94.210 and
17.94.220 of the City’s Zoning Ordinance. In no event shall City modify this Development
Agreement as a result of a default by a defaulting Party except in accordance with the provisions
of Section 9.01 above.
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Section 12.03.2. Severability of Default. City acknowledges that the
development of the Project may be carried out by more than one person, entity or organization
under this Development Agreement (e.g., portions of Developer’s interest in the Property and
this Development Agreement may be transferred to another person, entity or organization, a
“Transferee” under Article 13 below). The Parties acknowledge and agree that, in accordance
with Article 13 below, more than one Transferee may be responsible for certain actions required
or forbidden by this Development Agreement and that more than one Transferee therefore may
be in default with respect to that action. Accordingly, if City determines to terminate or exercise
any remedy under this Development Agreement due to a default by Developer or by any
Transferee (hereinafter “Defaulting Developer”), such termination or other remedy shall apply
only with respect to the Rights and Obligations of such Defaulting Developer and any
termination of this Development Agreement as to any Defaulting Developer shall be deemed to
terminate only those Rights and Obligations arising hereunder between City and such Defaulting
Developer. City shall, to the extent possible, refrain from seeking any termination of this
Development Agreement or other remedy if such remedy would affect materially the ability of a
non-defaulting Developer and/or a non-defaulting Transferee (hereinafter “Non-Defaulting
Developer”) to realize the Rights provided hereunder. The Parties further acknowledge and
agree that in certain instances it may not be possible for City to exercise remedies against the
Defaulting Developer of one portion of the Project without affecting in some way a Non-
Defaulting Developer of the same or of some other portion of the Project.
Section 12.04. Administrative Remedies. Except as otherwise specifically stated in this
Development Agreement, City may exercise any and all administrative remedies to the extent
necessary or appropriate to secure compliance with this Agreement. Such administrative
remedies may include, among others, withholding building permits, certificates of occupancy or
other Approvals relating to that portion of the Project in default of this Agreement.
Section 12.05. Judicial Remedies. Except as otherwise specifically stated in this
Development Agreement, either Party may, in addition to any other rights or remedies, institute
legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein,
enjoin any threatened or attempted violation hereof, enforce by specific performance the
Obligations and Rights of the Parties hereto or obtain any other remedy consistent with this
Agreement; provided, however, that in no event shall any person be entitled hereunder to
monetary damages for any cause, including breach of contract by a Party to this Agreement.
Notwithstanding the foregoing, City may enforce payment obligations under Applicable Law,
including under this Agreement and Developer may enforce City’s obligations under this
Agreement to pay or transfer money to the Developer by a writ of mandate or action for specific
performance. Nothing in this Section 12.05 shall be deemed to limit either Party’s rights under
the Government Claims Act, California Government Code section 810 et seq. For purposes of
instituting a legal action under this Agreement, any City Council determination under this
Development Agreement shall be deemed final agency action unless expressly stated otherwise.
Section 12.06. Termination Due to Default.
Section 12.06.1. In General. Either Party may terminate this Development
Agreement pursuant to Section 12.06.2 below and sections 17.94.190–17.94.220 of the City’s
Zoning Ordinance in the event of a default by the other Party, provided: (i) such default is
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prejudicial to the interests of the non-defaulting Party and is neither minor nor technical and (ii)
in the case of any termination by City, City first shall have exercised any and all administrative
or other remedies short of filing suit available to secure Developer’s compliance with this
Agreement; provided, however, that City shall not be required, as a prerequisite to initiating the
termination of this Agreement, to exercise its administrative and other non-judicial remedies for
a period of more than 180 days or such longer period to which the Parties may have agreed.
Termination of this Development Agreement by Developer or a Transferee as to any portion or
portions of the Property shall not affect the Rights or Obligations of Developer or any other
Transferee as to any other portion or portions of the Property.
Section 12.06.2. Procedures for Termination.
(a) Before any proposed termination of this Development Agreement pursuant to this
Section 12.06, and following the 180-day or longer period specified in Section
12.06.1 above, if applicable, a non-defaulting Party intending to seek termination
of this Development Agreement shall deliver to the defaulting Party (or Parties) a
written “Preliminary Notice of Intent to Terminate” this Agreement, and all
Parties shall meet and confer in good faith effort to agree upon an alternative to
termination that will afford the non-defaulting Party the benefit of its bargain
under this Agreement. If those discussions are not successful in resolving the
dispute, the non-defaulting Party desiring to terminate this Development
Agreement shall deliver to the defaulting Party a written “Final Notice of Intent
to Terminate”.
(b) Within 60 days after the City delivers a Final Notice of Intent to Terminate to a
defaulting Party, the City Council shall review the matter at a noticed public
hearing as set forth in California Government Code sections 65865, 65867, and
65868 and in sections 17.94.190–17.94.220 of the City’s Zoning Ordinance.
Termination shall be effective 30 days after such City Council review, unless the
default is sooner resolved to the mutual satisfaction of the Parties.
(c) Within 60 days after Developer delivers a Final Notice of Intent to Terminate to
City, the City Council shall consider whether City should take any further
curative action. Termination shall be effective 30 days following such City
Council consideration (or 90 days following delivery by Developer of a Final
Notice of Intent to Terminate if the City Council fails to complete its
consideration by that date), unless the default is sooner resolved to the mutual
satisfaction of the Parties.
Section 12.07. Judicial Reference. Pursuant to Code of Civil Procedure Section 638 et
seq., all legal actions shall be heard by a referee who shall be a retired judge from either the San
Luis Obispo County Superior Court, the California Court of Appeal, the United States District
Court or the United States Court of Appeals, provided that the selected referee shall have
experience in resolving land use and real property disputes. Developer and City shall agree upon
a single referee who shall try all issues, whether of fact or law, and report a finding and judgment
thereon and issue all legal and equitable relief appropriate under the circumstances. If Developer
and City are unable to agree upon a referee within ten (10) days of either Party’s written request
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to do so, either Party may seek to have a referee appointed pursuant to Code of Civil Procedure
Section 640. The cost of such proceeding shall initially be borne equally by the Parties. Any
referee selected pursuant to this Section 12.07 shall be considered a temporary judge appointed
pursuant to Article 6, Section 21 of the California Constitution. Notwithstanding the provisions
of this Section 12.07, either Party shall be entitled to seek declaratory and injunctive relief in any
court of competent jurisdiction to enforce the terms of this Agreement, or to seek to enjoin the
other Party from an asserted breach thereof, pending the selection of a referee on a showing that
the moving party would otherwise suffer irreparable harm. Upon the mutual agreement by both
Parties, any legal action may be submitted to mediation in accordance with rules to be mutually
agreed upon by the Parties.
ARTICLE 13. ASSIGNMENT, TRANSFER AND NOTICE
Section 13.01. Assignment of Interests, Rights and Obligations. Developer may transfer
or assign (“Transfer”) all or any portion of its Rights and Obligations under this Development
Agreement as to any portion of the Property (the “Transferred Property”) to any person
acquiring an interest in such Transferred Property, including, without limitation, purchasers or
ground lessees of lots, parcels or facilities on such Transferred Property (a “Transferee”). Any
such Transfer shall relieve the transferring party (a “Transferor”) of any and all Rights and
Obligations under this Development Agreement insofar as they pertain to the Transferred
Property, as provided in this Article 13.
Section 13.02. Transfers In General.
Section 13.02.1. In General. In connection with any Transfer of all or any
portion of the Project or the Property, other than a transfer or assignment to a “Non-Assuming
Transferee” as described in Section 13.03 below or a “Mortgagee” as defined in Section 14.01
below, the Transferor and the Transferee may enter into a written agreement regarding their
respective Rights and Obligations in and under this Development Agreement (a “Transfer
Agreement”). Any such Transfer Agreement may contain provisions: (i) releasing the Transferor
from any Rights and Obligations under this Development Agreement that relate to the
Transferred Property, provided the Transferee expressly assumes all such Rights and
Obligations, (ii) transferring to the Transferee rights to improve the Transferred Property and any
other Rights and Obligations of the Transferor arising under this Agreement, and (iii) addressing
any other matter deemed necessary or appropriate in connection with the Transfer.
Section 13.02.2. City Review of Release Provisions.
(a) A Transferor shall have the right, but not the obligation, to seek City’s consent to
those provisions of any Transfer Agreement purporting to release such Transferor
from any Rights and Obligations arising under this Development Agreement (the
“Release Provisions”). If a Transferor fails to seek City’s consent or City does
not consent to any such Release Provisions, then such Transferor may
nevertheless transfer to the Transferee any and all Rights and Obligations of such
Transferor arising under this Development Agreement (as described in Sections
13.02.1(i) and (ii) above) but, with respect to City, shall not be released from
those Rights and Obligations described in the Release Provisions to which City
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has not consented. If City consents to any Release Provisions, then: (i) the
Transferor shall be free from any and all Rights and Obligations accruing on or
after the date of any Transfer with respect to those Rights and Obligations
described in such Release Provisions and (ii) no default hereunder by Transferee
with respect to any Rights and Obligations from which the Transferor has been
released shall be attributed to the Transferor nor may such Transferor’s Rights be
canceled or diminished in any way by any such default. City may consent, or
conditionally consent, to all, none, or some of the Release Provisions.
(b) City shall review and consider promptly and in good faith any request by a
Transferor for City’s consent to any Release Provisions. City’s consent to such
Release Provisions may be withheld only if: (i) reliable evidence supports a
conclusion that the Transferee will be unable to perform the Rights and
Obligations proposed to be assumed by the Transferee pursuant to the Transfer
Agreement, (ii) the Rights and Obligations may not reasonably be allocable
among particular portions of the Project and Property, such as the Transferred
Property, (iii) the Transferor or Transferee fails to provide acceptable security, as
and if reasonably requested by City, to ensure the performance of the Rights and
Obligations proposed to be assumed by the Transferee pursuant to the Release
Provisions, or (iv) the Transferor or Transferee fails to provide information
reasonably requested by the City to assist it in making the determinations
described in this paragraph. In no event shall City unreasonably withhold consent
to any Release Provisions. City shall respond within 30 days to any request by a
Transferor for consent to any Release Provisions, and, if the City fails to respond
during such 30 day period, the City shall be deemed to have consented to the
Release Provisions.
(c) Subject to the provisions of paragraph (b) above, because and to the extent certain
Obligations arising under this Development Agreement may not reasonably be
allocable among portions of the Project, City may refuse to consent to release the
Transferor of one portion of the Project from such Rights and Obligations under
this Development Agreement even though the Rights and Obligations are being or
have been assumed by the Transferee of some other portion of the Project.
Section 13.03. Non-Assuming Transferees. Except as otherwise required by a
Transferor, the Obligations of a Transferor shall not apply to any purchaser of any property that
has been established as a single legal parcel for nonresidential use that does not require any
further on-site or off-site infrastructure. The Transferee in such a transaction and the successors
and assigns of such a Transferee (“Non-Assuming Transferees”) shall be deemed to have no
Obligations under this Agreement, but shall continue to benefit from the Rights provided by this
Development Agreement for the duration of its term. Nothing in this section shall exempt any
Transferred Property transferred to a Non-Assuming Transferee from payment of applicable fees,
taxes and assessments or compliance with an Approval or Applicable Law.
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ARTICLE 14. MORTGAGEE PROTECTION
Section 14.01. In General. The provisions of this Development Agreement shall not
limit Developer’s right to encumber the Property or any portion thereof, or any improvement
thereon by any mortgage, deed of trust or other device securing financing with respect to such
portion. City acknowledges that lenders providing such financing and other “Mortgagees”
(defined below) may require certain interpretations and modifications of this Development
Agreement and agrees upon request, from time to time, to meet with Developer and
representatives of such lenders to negotiate in good faith any such request for an interpretation or
modification. City shall not unreasonably withhold its consent to any such requested
interpretation or modification provided such interpretation or modification is consistent with the
intent and purposes of this Agreement. Any person holding a mortgage, deed of trust or other
security instrument on all or any portion of the Property made in good faith and for value (each,
a “Mortgagee”), shall be entitled to the rights and privileges of this Article 14.
Section 14.02. Impairment of Mortgage or Deed of Trust. Except as otherwise
specifically stated in any security instrument held by a Mortgagee, no default under this
Development Agreement shall defeat, render invalid, diminish, or impair the lien of any
mortgage or deed of trust on the Property made, or other interest in the Property acquired, by any
Mortgagee in good faith and for value.
Section 14.03. Notice of Default to Mortgagee. If a Mortgagee has submitted to the City
a written request for notice as specified herein, City shall exercise its best efforts to provide to
such Mortgagee written notification of any failure or default by Developer in the performance of
Developer’s Obligations concurrently with the written notice provided to Developer. If the City
fails to deliver written notification to any Mortgagee that has submitted a written request to City
as provided herein, then any period for such Mortgagee to remedy or cure any alleged failure or
default shall not commence until the City’s actual delivery of such written notification to such
Mortgagee.
Section 14.04. Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not
the obligation, to cure any failure or default by Developer during the cure period allowed
Developer under this Agreement, plus an additional 60 days if, to cure such failure or default, the
Mortgagee must obtain possession of the property as by seeking appointment of a receiver or
other legal process. Any Mortgagee that undertakes to cure any such failure or default shall
provide written notice to City of that fact; provided that no initiation of any such efforts by a
Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts.
Section 14.05. Mortgagee Liability for Past Defaults or Obligations. Except as otherwise
specifically provided in this Article 14, any Mortgagee, including a successful bidder at a
foreclosure sale, who comes into possession of the Property or any part thereof, shall take such
property subject to the Rights and Obligations of this Development Agreement and in no event
shall any such property be released from any Obligations. Nothing in this Article 14 shall prevent
City from exercising any remedy it may have for a default under this Development Agreement;
provided, however, that in no event shall such Mortgagee be liable personally for any defaults or
monetary obligations of Developer arising before such Mortgagee acquires or possesses such
property.
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Section 14.06. Technical Amendments to this Article 14. City agrees to reasonably
consider and approve interpretations and/or technical amendments to the provisions of this
Agreement that are required by lenders for the acquisition and construction of the improvements
on the Property or any refinancing thereof and to otherwise cooperate in good faith to facilitate
Developer’s negotiations with lenders. The Parties acknowledge and agree that such technical
amendments shall be processed in accordance with Section 9.04 of this Development Agreement.
ARTICLE 15. GENERAL PROVISIONS
Section 15.01. Incorporation of Recitals. The Recitals set forth above are incorporated
herein as though set forth in full.
Section 15.02. Project is a Private Undertaking. The development Developer proposes to
undertake is a private development, and Developer shall exercise full dominion and control over
the Project subject only to Developer’s Obligations contained in this Agreement, the Approvals
and Applicable Law.
Section 15.03. Cooperation in the Event of Legal Challenge.
Section 15.03.1. In General. If any person not a Party to this Development
Agreement institutes any administrative, legal or equitable action or other proceeding
challenging the validity of any provision of this Agreement, any Approval or Subsequent
Approval, or the sufficiency of any review of this Development Agreement or any Approval or
Subsequent Approval under CEQA (each a “Third Party Challenge”), the Parties shall
promptly meet and confer as to the most appropriate response to such Third Party Challenge;
provided, however, that any such response shall be consistent with Sections 15.03.2 and 15.03.3
below.
Section 15.03.2. Tender to and Conduct of Defense by Developer. City shall
tender the complete defense of any Third Party Challenge to Developer, and upon acceptance of
such tender by Developer: (i) Developer shall indemnify City against any and all fees and costs
arising out of the defense of such Third Party Challenge and (ii) Developer shall control the
defense and/or settlement of such Third Party Challenge and may take any and all actions it
deems necessary and appropriate in its sole discretion in connection therewith; provided,
however, that Developer shall seek and secure City’s consent to any settlement of such Third
Party Challenge, which consent shall not unreasonably be withheld or delayed.
Section 15.03.3. Defense by City. If Developer should fail to accept City’s
tender of defense under Section 15.03.2 above, City shall defend such Third Party Challenge and
control the defense and/or settlement of such Third Party Challenge as City decides (in its sole
discretion), and City may take any and all actions it deems necessary and appropriate (in its sole
discretion) in connection therewith; provided, however, that City shall seek and secure
Developer’s consent to any settlement of such Third Party Challenge, which consent shall not
unreasonably be withheld or delayed. Developer shall indemnify City against any and all fees
and costs arising out of the City’s defense of such Third Party Challenge including the
reasonable value of the services of its City Attorney and outside counsel, if any. Notwithstanding
the foregoing, if Developer determines for any reason that it no longer intends to develop the
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Project, then it may deliver notice of such determination to City and shall not be liable for any
defense costs incurred by City more than 90 days following the delivery of such notice.
Section 15.04. Defense and Indemnity. Developer shall defend and indemnify City from
and against any and all damages, claims, costs and liabilities arising out of the personal injury or
death of any person, or damage to the property of any person, to the extent such damages,
claims, costs or liabilities result from the construction of the Project by Developer or by
Developer’s contractors, subcontractors, agents or employees, except to the extent caused by the
negligence or willful misconduct of City, or any of City’s officers, employees, contractors or
agents. Nothing in this Section 15.04 shall be construed to mean that Developer shall defend or
indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged
to arise from, activities associated with the maintenance or repair by City or any other public
agency of improvements that have been offered for dedication and accepted by City or such
other public agency. City and Developer may from time to time enter into subdivision
improvement agreements, as authorized by the Subdivision Map Act, which agreements may
include defense and indemnity provisions different from those contained in this Section 15.04. If
any conflict appears between such provisions in any such subdivision improvement agreement
and the provisions set forth above, the provisions of such subdivision improvement agreement
shall prevail.
Section 15.05. Governing Law; Attorneys’ Fees. This Development Agreement shall be
construed and enforced in accordance with the laws of the State of California. Venue for any
dispute arising under this Development Agreement lies in the county of San Luis Obispo and
Developer hereby consents to personal jurisdiction there for that purpose. The Parties will
cooperate to facilitate venue for any Third Party Challenge described in Section 15.03 above in
San Luis Obispo County. Should any legal action be brought by either Party because of any
default under this Development Agreement, to enforce any provision of this Agreement, or to
obtain a declaration of rights hereunder, the prevailing Party shall be entitled to such reasonable
and actual attorneys’ fees, and costs as may be fixed by the Court. The standard of review for
determining whether a default has occurred under this Development Agreement shall be the
standard generally applicable to contractual obligations in California. The terms and provisions
of this Section 15.05 shall survive any termination of this Agreement.
Section 15.06. Force Majeure. Performance by any Party of its Obligations hereunder
shall be excused and the Term of and any dates under this Development Agreement shall be
extended day for day during any period of “Permitted Delay” as hereinafter defined. For
purposes hereof, Permitted Delay shall include delay beyond the reasonable control of the Party
claiming the delay (and despite the good faith efforts of such Party) including, but not limited to:
(i) acts of God; (ii) civil commotion; (iii) riots; (iv) strikes, picketing or other labor disputes; (v)
shortages of materials or supplies; (vi) damage to work in progress by reason of fire, floods,
earthquake or other casualties; (vii) failure, delay or inability of the other Party to act; (viii) as to
Developer only, the failure, delay or inability of City to provide adequate levels of public
services, facilities or infrastructure to the Property; (ix) as to City only, with respect to
completion of the Annual Review or to processing applications for Approvals, the failure, delay
or inability of Developer to provide adequate information or substantiation as reasonably
required to complete the Annual Review or process applications for Approvals; (x) restrictions
imposed or mandated by governmental entities other than the City, including without limitation,
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any development moratorium for any purpose; (xi) enactment of conflicting state or federal laws
or regulations, (xii) judicial decisions or similar legal incapacity to perform, and (xiii) litigation
brought by a third party attacking the validity of this Agreement. A party’s inability to make a
payment when due shall not be the basis of a Permitted Delay. Any Party claiming a Permitted
Delay shall notify the other Party (or Parties) in writing of such delay within 30 days after the
commencement of the delay, which notice (“Permitted Delay Notice”) shall include the
estimated length of the Permitted Delay. A Permitted Delay shall be deemed to occur for the
time set forth in the Permitted Delay Notice unless a Party receiving the Permitted Delay Notice
objects in writing within 10 days after receiving the Permitted Delay Notice. Upon such an
objection, the Parties shall meet and confer within 30 days after the date of the objection in a
good faith effort to resolve their disagreement as to the existence and length of the Permitted
Delay. If no mutually acceptable solution can be reached, either Party may take action as may be
permitted under Article 12 above.
Section 15.07. Waiver.
Section 15.07.1. Legal Rights. Developer acknowledges and agrees that the
terms and provisions of this Development Agreement specifically permit City in some instances
to impose requirements upon the Project that City would not otherwise be able to impose due to
a lack of nexus, rough proportionality, or reasonable relationship between the Project and such
requirement, or other reasons. To the extent any such requirement is imposed by City upon the
Project consistently with the terms and provisions of this Agreement, Developer waives any right
to challenge judicially the imposition of such requirement by City. Except as otherwise provided
in this Section 15.07.1, City shall comply with Applicable Law.
Section 15.07.2. Other Rights. While Section 15.07.1 prohibits Developer from
challenging judicially certain City requirements imposed consistently with this Agreement,
nothing in this Development Agreement shall be deemed to abrogate or limit, nor be deemed to
waive, any right of Developer (whether arising under the United States Constitution, the
California Constitution or otherwise) to request City to refrain from imposing upon Developer,
the Project or the Property any requirement that this Development Agreement permits City so to
impose or otherwise petition City with respect to any matter related to the Project or the
Property.
Section 15.08. Notices. Any notice or communication required hereunder between the
Parties shall be in writing, and may be delivered either personally, by facsimile (with original
forwarded promptly by regular U.S. Mail) or by Federal Express or other similar courier
promising overnight delivery. If personally delivered, a notice or communication shall be
deemed to be received when delivered to the Party to whom addressed. If delivered by facsimile
transmission, a notice or communication shall be deemed to be received upon receipt of the
entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile
after 5:00 p.m. on a business day or on a Saturday, Sunday or holiday shall be deemed to have
been received on the next business day. If delivered by Federal Express or similar courier, a
notice or communication shall be deemed to be received when delivered as shown on a receipt
issued by the courier. Such notices or communications shall be delivered to the Parties at their
addresses set forth below:
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If to City to: City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Telecopy/Facsimile: (209) 941-7449
With a courtesy copy to: City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 95330
If to Developer to: MI San Luis Ranch, LLC
C/O Coastal Community Builders, Inc.
330 James Way, Suite 270
Pismo Beach, CA 93449
Attn: Gary Grossman
With courtesy copies to: Cox, Castle & Nicholson LLP
2029 Century Park East, Suite 2100
Los Angeles, CA 90067
Attn: Andrew K. Fogg, Esq. or Ronald I. Silverman, Esq.
and
Spierer, Woodward, Corbalis & Goldberg
707 Torrance Blvd, Suite 200
Redondo Beach, CA 90277
Attn: Steven F. Spierer, Esq.
Any Party may at any time, change its address or facsimile number for notice by giving 10 days’
written notice to the other in accordance with this Section 15.08.
Section 15.09. No Joint Venture or Partnership. Nothing in this Development Agreement
or in any document executed in connection with it shall be construed as creating a joint venture,
partnership or any agency relationship between City and Developer. City shall have no
responsibility for public improvements unless and until they are accepted by City in the manner
required by law.
Section 15.10. Severability. If any provision of this Development Agreement is held
invalid, void or unenforceable but the remainder of this Development Agreement can be
enforced without failure of material consideration to any Party, then the remainder of this
Development Agreement shall not be affected and shall remain in full force and effect, unless
amended by mutual consent of the Parties. Notwithstanding the foregoing, if any material
provision of this Development Agreement, or the application of such provision to a particular
situation, is held to be invalid, void or unenforceable, Developer (in its sole and absolute
discretion) may terminate this Development Agreement by providing written notice of such
termination to City.
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Section 15.11. Estoppel Certificate. Any Party and any Mortgagee may, at any time, and
from time to time, deliver written notice to the other Party or Parties requesting such Party or
Parties to certify in writing that, to the knowledge of the certifying Party: (i) this Development
Agreement is in full force and effect and a binding obligation of the Parties; (ii) this
Development Agreement has not been amended or modified either orally or in writing, but if so
amended or modified, identifying those amendments and modifications; and (iii) as of the date of
the most recent Annual Review, the requesting Party (or any Party specified by a Mortgagee) is
not in default in the performance of its Obligations under this Development Agreement, or if in
default, describing the nature and amount or extent of any such defaults. A Party receiving a
request hereunder shall execute and return such certificate or give a written, detailed response
explaining why it will not do so within 30 days of receipt of a request. Each Party acknowledges
that such a certificate may be relied upon by third parties acting in good faith. A certificate
provided by City establishing the status of this Development Agreement shall be in recordable
form and may be recorded at the expense of the recording Party.
Section 15.12. Further Assurances. Each Party shall execute and deliver to the other
Party or Parties all such other further instruments and documents and take all such further actions
as may be reasonably necessary to carry out this Development Agreement and the Approvals and
to provide and secure to the other Party or Parties the full and complete enjoyment of its Rights
hereunder.
Section 15.13. Construction.
(a) All Parties have been represented by counsel in the preparation of this
Development Agreement and no presumption or rule that ambiguity shall be
construed against a drafting party shall apply to its interpretation or enforcement.
Captions of sections and subsections are provided for convenience only and shall
not be deemed to limit, amend, or affect the meaning of the provisions to which
they pertain. If any conflict appears between this Development Agreement and the
rules, regulations or official policies of City, the provisions of this Development
Agreement shall prevail and be deemed to have amended any such conflicting
rules, regulation or official policy as of the Vesting Date to the extent permitted
by Applicable Law. In the event of a direct conflict between any provision of this
Development Agreement and any of the Project Approvals, the provisions of this
Development Agreement shall control.
(b) The Parties intend this Development Agreement to be consistent with the
requirements of Chapter 17.94 of the City’s Zoning Ordinance and it shall be
construed consistently with that intent. Should any conflict arise between this
Development Agreement and Chapter 17.94 as it exists on the Vesting Date, this
Development Agreement shall control.
Section 15.14. Other Miscellaneous Terms. In construing this Agreement, the singular
includes the plural; the masculine gender includes the feminine and the neuter; “shall” is
mandatory and “may” is permissive.
PACKET PAGE 457
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071928\ 9447955 48
Section 15.15. Counterpart Execution. This Development Agreement may be executed
in any number of counterparts and shall be deemed duly executed when each of the Parties has
executed such a counterpart.
Section 15.16. Time. Time is of the essence of each and every provision of this
Development Agreement.
Section 15.17. Good Faith/Fair Dealing. The Parties agree that a covenant of good faith
and fair dealing shall apply to all actions of the Parties. As used herein, this covenant shall mean
that the Parties shall act reasonably, and no Party shall do anything which shall have the effect of
destroying or injuring the rights of any other Party to receive the benefit of its bargain in this
Development Agreement. Nothing in this Section 15.17 shall detract from the principle of
Section 12.05 that neither Party shall be entitled to monetary damages for breach of this
Development Agreement.
Section 15.18. List of Exhibits:
A – San Luis Ranch Specific Plan Site Plan/Depiction of Property
B – Legal Description of Property
C – Financing Plan
D – Feasibility Memorandum
E – Agricultural Land Operations & Guidelines
F – Affordable/Workforce Housing Plan
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071928\ 9447955 49
IN WITNESS WHEREOF, the Parties have executed this Development Agreement as of
the Execution Date above.
CITY:
CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
___________________________________
Heidi Harmon, Mayor
APPROVED AS TO FORM:
By:
___________________________________
J. Christine Dietrick, City Attorney
(signatures continued on next page)
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071928\ 9447955 50
DEVELOPER:
MI SAN LUIS RANCH, LLC,
a Delaware limited liability company
By: MI ENTITLEMENT IV, LLC
a Delaware limited liability company
Its: Manager
By: Presidio Merced Land IV Passive, LLC
a Delaware limited liability company
Its: Co-Manager
By:
___________________________________
Michael Sullivan
Its: Authorized Representative
By: GGCCB, LLC
a California limited liability company
Its: Co-Manager
By:
___________________________________
Gary Grossman
Its: Managing Member
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071928\ 9447955 Notary - 1
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On ______________, 2018 before me, _____________________________________________
Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
PACKET PAGE 461
11
071928\ 9447955 Notary - 2
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On ______________, 2018 before me, _____________________________________________
Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
PACKET PAGE 462
11
071928\ 9447955 Notary - 3
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On ______________, 2018 before me, _____________________________________________
Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
[Seal]
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
PACKET PAGE 463
11
071928\ 9447955 Exhibit A-1
EXHIBIT A
SAN LUIS RANCH SPECIFIC PLAN SITE PLAN
(attached)
PACKET PAGE 464
11
PACKET PAGE 46511
071928\ 9447955 Exhibit B-1
EXHIBIT B
LEGAL DESCRIPTION
(attached)
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11
Page 1 of 2
EXHIBIT B
ANNEXATION No. ??
To the City of San Luis Obispo,
County of San Luis Obispo, State of California
A portion of Lot 64 and 65 of the Subdivision of the Rancho Canada de Los Osos and La Laguna, as filed in Book A,
at Page 83 and 84 of Maps, and Lot L and a portion of Lots K, M, and N of the Re-subdivision of Lots 58, 61, 62, 63,
64 and 65, per J. Stratton’s Survey and Map of the Subdivisions of the Rancho Canada de Los Osos and La Laguna,
as filed in Book A, at Page 161 of Maps in the office of the Recorder, San Luis Obispo County, California, more
particularly described as follows:
Commencing at the most Northerly corner of Lot K (Corner “EE”) as shown on said map filed in Book A, at Page 161
of Maps, being on the existing City Limit boundary of the City of San Luis Obispo at the Northern terminus of
course No. 62 of the “Los Osos Road No. 1 Annexation” as approved by Resolution No. 1728 of the legislative body
of said City, and being on the Southeasterly line of Madonna Road right-of-way, known formerly French Road;
Thence, leaving said Road, along the Southwesterly line of said Lot J as shown on said map filed in Book A, at Page
161 of Maps, and along the existing City Limit boundary of said Los Osos Road No. 1 Annexation, South 45° 36’ 37”
East, 393.00 feet to the True Point of Beginning;
1. Thence, continue along the Southwesterly line of said Lot J, and along the existing City Limit boundary of
said Los Osos Road No. 1 Annexation, South 45° 36’ 37” East, 1088.13 feet;
2. Thence, along the Southeasterly line of said Lot J, North 42° 52’ 03” East, 145.28 feet;
3. Thence, along the Southwesterly line of Lot I as shown on said map filed in Book A, at Page 161 of Maps,
South 54° 08’ 17” East, 558.56 feet to the Westerly boundary of the State Highway 101 right-of-way;
4. Thence, continue along the existing boundary of said Los Osos Road No. 1 Annexation, Southerly, and
along the Westerly boundary of State Highway 101 right-of-way on a curve that is concave to the West
from a radial bearing North 62° 47’ 19” West, with a radius of 2420.00 feet, through a central angle of 00°
33’ 58”, an arc length of 23.91 feet;
5. Thence, continue along the Westerly boundary of State Highway 101 right-of-way, and along the existing
boundary of said Los Osos Road No. 1 Annexation, South 27° 46’ 39” East, 2557.88 feet to the
Northeasterly boundary of Lot “EE” as designated according to said map filed in Book A, at Page 161 of
Maps;
6. Thence, leaving the Westerly boundary of State Highway 101 right-of-way, along the Northeasterly
boundary of said Lot EE, being the existing City Limit boundary of Annexation No. 71 as approved by
Resolution No. 2005-09 of the legislative body of said City, North 54° 25’ 52” West, 1349.74 feet;
7. Thence, continue along the Northeasterly boundary of said Lot “EE”, and along the existing City Limit
boundary of said Annexation No. 71, North 53° 35’ 32” West, 733.70 feet to the most Northerly corner of
said Lot EE, being the Northeast corner of Lot O (corner “AE”) as designated according to said map filed in
Book A, at Page 161 of Maps, and being the most Eastern corner of the existing City Limit boundary of the
“Lakewood Addition” as approved by Resolution No. 924 of the legislative body of said City;
8. Thence, along the Northeasterly line of said Lot O, and along the existing City Limit boundary of said
“Lakewood Addition”, North 35° 34’ 51” West, 41.45 feet to the most Southern corner of Tract No. 169 as
filed in Book 6, at Page 45 of Maps in the office of the Recorder for said County, and the most Southern
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Page 2 of 2
corner of the existing City Limit boundary of the “Johnson Annexation” as approved by Resolution No. 627
of the legislative body of said City;
9. Thence, leaving said Northeasterly line of Lot O, along the Easterly line of said Tract No.169, and along the
existing City Limit boundary of said “Johnson Annexation”, North 8° 50’ 11” East, 116.07 feet;
10. Thence, continue along the Easterly line of said Tract No.169, and along the existing City Limit boundary of
said “Johnson Annexation”, North 0° 24’ 24” East, 154.15 feet;
11. Thence, North 11° 04’ 38” East, 128.26 feet;
12. Thence, North 15° 46’ 21” East, 267.07 feet;
13. Thence, North 5° 15’ 56” East, 228.66 feet;
14. Thence, North 12° 39’ 30” East, 101.44 feet;
15. Thence, North 18° 07’ 07” East, 207.14 feet;
16. Thence, North 1° 51’ 40” East, 100.02 feet;
17. Thence, North 18° 32’ 56” West, 215.02 feet;
18. Thence, North 4° 24’ 05” West, 201.66 feet;
19. Thence, North 13° 15’ 08” West, 71.55 feet to the Southerly line of the Madonna Road right-of-way,
known formerly as French Road;
20. Thence, along the Southerly line of said Madonna Road right-of-way, along the existing City Limit
boundary of said “Johnson Annexation”, and along the existing City Limit boundary of “Parcel E-1” of the
Annexation of Territory to the City of San Luis Obispo, as approved by Resolution No. 81-41 of the
legislative body of said City, North 63° 34’ 05” East, 817.33 feet to the most Western corner of that parcel
of land designated Parcel 1 in the Correction Deed as conveyed to United States Postal Service by Grand
Deed filed in Book 2332, at Page 318 of Official Records in the office of the Recorder for said County;
21. Thence, along the Southwesterly boundary of said parcel of land conveyed to United States Postal Service,
and along the existing City Limit boundary of “Parcel E-1” and “Parcel E-2” of said Annexation of Territory
to the City of San Luis Obispo, as approved by Resolution No. 81-41, South 38° 48’ 08” East, 464.31 feet;
22. Thence, continue along the existing City Limit boundary of “Parcel E-1” and “Parcel E-2” of said
Annexation of Territory to the City of San Luis Obispo, and along the Southeasterly line of said parcel of
land conveyed to United States Postal Service, North 47° 13’ 35” East, 475.60 feet to the point of
beginning;
Containing 131.38 acres more or less.
Prepared by: ___________________________________
Dan Hutchinson, LS 5139
Dated: ____________________________
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071928\ 9447955 Exhibit C-1
EXHIBIT C
FINANCING PLAN
(attached)
PACKET PAGE 469
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San Luis Ranch Financing Plan
Prepared for:
City of San Luis Obispo
Prepared by:
Economic & Planning Systems, Inc.
June 2018
EPS #161142
PACKET PAGE 470
11
Table of Contents
1. EXECUTIVE SUMMARY ............................................................................................ 1
2. SAN LUIS RANCH PROJECT OVERVIEW ......................................................................... 4
San Luis Ranch Specific Plan ...................................................................................... 4
3. INFRASTRUCTURE IMPROVEMENTS TO BE FUNDED ............................................................ 7
4. FUNDING AND FINANCING SOURCES .......................................................................... 11
San Luis Ranch Funding Sources ............................................................................... 11
City Funding Sources ............................................................................................... 12
Funding Strategy for Regional Improvements ............................................................. 13
Economic Considerations ......................................................................................... 17
5. IMPLEMENTATION MEASURES AND RELATED ACTIONS ...................................................... 18
List of Tables
Table 1 San Luis Ranch Infrastructure Financing Plan Summary ......................................... 3
Table 2 San Luis Ranch Specific Plan Residential Use Summary .......................................... 5
Table 3 San Luis Ranch Regional Improvement Cost Allocation ........................................... 9
Table 4 San Luis Ranch Proposed Community Benefits Program Developers Proposal .......... 10
Table 5 Funding Sources for Regional Improvements ...................................................... 13
Table 6 Funding Strategy for Prado Road/US 101 Interchange ......................................... 16
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1
1. EXECUTIVE SUMMARY
The San Luis Ranch Financing Plan (Financing Plan) identifies the services and infrastructure
improvements required to serve the San Luis Ranch Project and describes how these items will
be funded and/or financed over time. The Financing Plan conforms with the San Luis Ranch
Specific Plan, Subdivision Map, and financial terms included in the San Luis Ranch Development
Agreement and provides implementing actions for the major funding sources identified.
Upon annexation to the City, the San Luis Ranch Project, which consists of 131.4 acres, will
create a new neighborhood located west of Highway 101 in the southwest quadrant of the City.
The San Luis Ranch Specific Plan allows up to 580 dwelling units and commercial development
including a 200-room hotel, 100,000 square feet of office space, and 150,000 square feet of
retail and service commercial space. The Project also includes 7.8 acres of parks, waterways, and
other interior open space, as well as 52.3 acres of farmed agricultural land.
The Financing Plan addresses how the infrastructure and services needed to serve the San Luis
Ranch Project will be funded, as the new neighborhood is constructed and occupied by new
residents and businesses:
Municipal services include “Citywide” services within the Project area. The Citywide services
will be fully funded by municipal revenues derived from the Project area assuming that the
proposed commercial development occurs.1 Prior to occupancy of the commercial
development, a fiscal mitigation payment is stipulated by the terms of the Development
Agreement.
Infrastructure needed for the San Luis Ranch Project includes contributions to Citywide and
other subarea development impact fee programs, mitigating impacts upon regional (off-site)
infrastructure, and funding “backbone” and subdivision-related improvements within the
Project area. The largest cost infrastructure item is the Project’s “fair share” of the proposed
Prado Road/Highway 101 Interchange.
Funding for required infrastructure improvements will be derived from a variety of sources
including developer equity investments to build or contribute to building needed infrastructure
improvements. Table 1 presents an overall financing strategy for the San Luis Ranch Project.
Developer equity will be a key source of overall infrastructure funding. It is estimated that the
developer will invest an estimated $22.8 million in project-related infrastructure, including
paying the City’s development impact fees as specified in the Development Agreement. Some of
the developer’s equity investment in City or Region-Serving Infrastructure will be offset by
credits or reimbursement from the City’s development impact fee programs or private
reimbursement from other benefitting properties because the developer is “oversizing” the
improvement relative to its nexus-based “fair share” costs, correcting existing deficiencies, or
advancing the improvement before its actual need. At the same time, major improvements
required also benefit other development, the City as a whole, or the region.
1 San Luis Ranch Fiscal Analysis, ADE, September 11, 2017.
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San Luis Ranch Financing Plan
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2
The City’s, other development’s, and the region’s share of City or region-serving infrastructure in
the vicinity of the Project will be funded by the City’s development impact fee programs (levied
on other development in the City), exactions on other developers, and a range of other City and
regional funding grant sources.
This Financing Plan provides details regarding funding of each of the major infrastructure types
listed in Table 1. This information, in turn, requires a series of implementation actions needed to
secure the funding for fulfilling the requirements of the related entitlement documents including
the Specific Plan, the Project Environmental Impact Report, the Fiscal Impact Report, the Vesting
Tentative Subdivision Map, and the Development Agreement. The preparation of the Financing
Plan occurred through a cooperative effort between the Developer and its team of advisors and
City staff and their consultants and advisors.
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San Luis Ranch Financing Plan June 2018 3 Table 1 San Luis Ranch Infrastructure Financing Plan Summary TypeDescriptionDeveloper or Builder EquityDeveloper Equity Subject to Credits or ReimbursementCommunity Facilities District Special TaxesCity SourcesRegional, State, and Federal SourcesIn‐tract InfrastructureDeveloper builds neighborhood streets and facilities shown in Subdivision MapYesNoneNoneNoneNoneBackbone Infrastructure and CEQA Mitigations and other CostsDeveloper builds major infrastructure serving Specific Plan Area shown in Subdivision MapYesYes, for qualifying infrastructure items only (items listed in DIF programs and other items deemed eligible by City)NoneNoneNoneRegional Infrastructure, Developer "Fair Share"Nexus‐based share of major infrastructure (EIR Mitigation, etc.)Yes, "fair share" allocationYes, for oversizing of improvements beyond "fair share" allocationYesNoneNone, but available allocations beyond regional share will decrease funding needs from other sources proportionallyRegional Infrastructure, City/Region Share of Infrastructure CostsImprovements required for Project but benefitting other parts of City and regionNoneReimbursement or credit for oversizing infrastructure / funding beyond requirementNoneYes, City may apply "property tax increment" funding proportional to special increment received from CountyYes, for City/Regional share of infrastructure costs not funded by impact fee programsCommunity Benefits Offered by DeveloperDevelopment Agreement requires an offering of Community Benefits Commensurate with value of Development AgreementYes, funding above "fair share" for regional infrastructure considered as "community benefit"NoneNoneNoneNoneFiscal Shortfalls and Facility Operating GuaranteesFiscal Analysis shows deficits until commercial development occurs. Operating cost for farm, etc.Yes, as needed to assure City's positive fiscal (operating cost) balance (proposed $262 per unit "Early Residential Development Fee" based on Fiscal Analysis until commercial occupancy). Additional bond offered for 1.5x projected fiscal deficit for each year.NoneYes, but only as tertiary backstop for positive fiscal impact beyond Fee and 1.5x BondNoneNoneCitywide or Areawide Development Impact Fee Program Infrastructure ImprovementsDevelopment Impact Fees cover new development's "fair share" of new infrastructure, paid when building permits issued Negotiated combination of fees vested at Tentative Tract Map and then‐current fees adopted by City.Fee credits for building infrastructure up to "fair share", reimbursement or credit for beyond "fair share" NoneYes, as may be specified in the Impact Fee Program to keep fees within reasonable economic limitsYes, for portion of infrastructure cost not "fair share" linked to new development onlyInfrastructure ItemFunding Source CategoryPACKET PAGE 47411
4
2. SAN LUIS RANCH PROJECT OVERVIEW
The San Luis Ranch Project is the development of a major new City neighborhood. The project
includes a mix of residential, commercial, and office uses while preserving nearly half of the site
as open space and agriculture on a 131.4-acre property, as described in the San Luis Ranch
Specific Plan. The Project site is located west of U.S. Highway 101, east of Madonna Road, and
south of Dalidio Drive in the southwestern part of the City. The property includes a single parcel
(APN 067-121-022).
The Specific Plan area would require annexation to the City of San Luis Obispo. The project is
within the City’s Sphere of Influence and Urban Reserve Line and is designed to be consistent
with both City and Local Agency Formation Commission (LAFCo) policies, including the
requirement that the annexation be compatible with the City’s General Plan and supportable by
the City’s infrastructure. The intent is for the project to be consistent with the development
parameters described in the City’s 2014 Land Use Element.
Following annexation of the area and development, the San Luis Ranch Project will create a new
neighborhood along the southern border of the City. Development will be regulated by various
controlling documents including the Development Agreement and the San Luis Ranch Specific
Plan and Vesting Tentative Map adopted by the City in July of 2017.
San Luis Ranch Specific Plan
The San Luis Ranch Specific Plan (Specific Plan) allows up to 580 dwelling units; a commercial
area with up to 250,000 square feet of neighborhood-serving retail and office uses; a 200-room
hotel, 7.8 acres of internal open space; and 52.3 acres of permanently protected farmed
agricultural land. The Project includes an Agricultural Heritage Facilities and Learning Center
which will serve as an agri-tourism destination with seasonal attractions and promote the
region’s agricultural history. Uses allowed in the open space and agricultural areas include
educational uses, urban agriculture, crop production, agricultural accessory uses, produce
stands, and temporary events. These features are described in the Specific Plan text and its
appendices.
The Specific Plan is organized around the principles of 1) maintaining and promoting San Luis
Obispo’s agricultural heritage; 2) providing open space and recreational areas; 3) delivering
diverse housing opportunities, including workforce housing; and 4) creating a multimodal
community. There are several key infrastructure improvements specified in the Specific Plan,
including the Prado Road/Highway 101 Interchange, Froom Ranch Way, Dalidio Road
Improvements, Madonna Road Improvements, and related multimodal improvements, consistent
with the City’s Circulation Element and Bicycle Transportation Plan.
Residential Uses
The Specific Plan includes up to 580 residential units of varied density and type, including single
family attached and detached housing on a range of lot sizes and multifamily housing, as shown
on Table 2. Residential uses are generally to be located on the western portion of the San Luis
Ranch Specific Plan Area, west of Froom Ranch Way and south of Dalidio Drive. Residential land
uses will be accessible from local streets, with connections to Froom Ranch Way, Madonna, and
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San Luis Ranch Financing Plan
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5
Prado roads. The single-family units are proposed to consist of a mix of traditional lot layouts
and small lot layouts with front- and alley-loaded garages. The multifamily units are proposed to
be compact homes, which will be located at the northwest portion of San Luis Ranch, effectively
transitioning between the existing neighborhood to the west, and Madonna Road to the North.
There also will be multifamily flats in buildings of 12 units or larger. These units will be designed
as townhouses or apartments with up to 4 bedrooms per unit.
The affordable housing located within the San Luis Ranch Specific Plan Area will provide 34 units
on site for Very Low, Low-, and Moderate-income households, and fourteen additional units
affordable to workforce households (121-160 percent of Area Median Income).
Table 2 San Luis Ranch Specific Plan Residential Use Summary
Neighborhood Commercial Uses
The commercial area of the San Luis Ranch will allow for up to 100,000 square feet office
buildings and 150,000 square feet of retail and service business buildings focused on Prado
Road. The commercial-retail center will offer a variety of uses that will both provide for the needs
of the residential neighborhood in San Luis Ranch, as well as complement the overall retail
offerings within the City. Allowed commercial uses include retail, services, restaurants, office,
and hotel. It is anticipated that the planned 200-room hotel could include conference facilities,
meeting space, and restaurants.
Commercial areas will be accessible by automobiles, transit riders, pedestrians, and bicyclists.
Regional transit services will connect residents and visitors throughout the area.
Open Space Uses
With half of the site set aside for agriculture, open space, and parks, San Luis Ranch takes an
integrated, comprehensive approach to planning and managing open and recreational spaces.
The San Luis Ranch Specific Plan enhances the City’s open space by introducing new amenities,
including adding a key link in the Bob Jones Trail and active linear parks.
Residential Category Amount
Estimated
Assessed Value
per Unit
Low-Medium Density 192 $730,000
Medium Density 77 $520,000
High Density 277 $425,000
Affordable Housing 34 $142,200
Total Residential 580
Source: San Luis Ranch; ADE Fiscal, 9/11/2017.
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San Luis Ranch Financing Plan
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Parks and Recreation Uses
San Luis Ranch will provide park and open space amenities consistent with the values set forth in
the General Plan. Parklands will include an active linear park with a fitness loop and multi-use
trails, a central neighborhood park featuring both active and passive recreational opportunities,
and pocket parks interspersed throughout the residential areas to provide enhanced pedestrian
connectivity and visual openness.
Pocket parks provided throughout the San Luis Ranch community will provide both recreational
and pedestrian amenities and open space breaks, allowing connectivity between residential areas
and creating a more open feel to the neighborhood. A key linear park element of the Specific
Plan will be the San Luis Ranch Preserve and Trailhead that will link the Bob Jones Trail and
connect the linear park behind Target to Laguna Lake.
Agricultural Preservation
The San Luis Ranch Specific Plan will preserve a significant piece of San Luis Obispo agriculture
as well as integrate the site’s historical agriculture into the community, with farm operations to
be provided by a private lease agreement. The agricultural land will be contiguous with the
adjacent San Luis Obispo City Farm to allow for integration and will include the community
learning center. The Agricultural Heritage Facilities and Learning Center will be a destination for
residents and tourists alike and will provide the community with local food, education, and a
connection to agriculture.
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7
3. INFRASTRUCTURE IMPROVEMENTS TO BE FUNDED
The San Luis Ranch Project, as a largely undeveloped area, will require the full complement of
local infrastructure to serve the Project area including streets and in-street utilities, drainage,
parks and trails and bikeways. Infrastructure and municipal facilities required to serve the
Project include “backbone” and “in-tract” infrastructure as well as “City-serving and region-
serving” infrastructure, which is typically located beyond the Project boundary but is required (at
least in part) to accommodate the Project development.
In-Tract Infrastructure
“In-tract” improvements typically include the neighborhood streets and utilities serving the
developed portions of development. These improvements will be installed by the developer or
subsequent builders at their expense in conformance with the Subdivision Map requirements and
dedicated to the City in the typical fashion.
Backbone Infrastructure
“Backbone” infrastructure improvements include collector and arterial streets, major wet-utility
improvements, and other public facilities such as parks that service the entire Project area or
beyond. San Luis Ranch backbone infrastructure will be built by the developer at their expense
and dedicated to the City. Insofar as these individual backbone improvements have been
identified in City master facility plans or development impact fee programs the developer may
qualify for fee credits or reimbursement.
Citywide or Region-Serving Infrastructure
A significant investment in region-serving transportation and other infrastructure improvements
is required to provide adequate transportation capacity for San Luis Ranch, reduce existing
congestion, and provide capacity for other pending nearby development projects as well as the
remaining development potential in the City broadly. As a part of the broader environmental
impact and traffic analysis for the San Luis Ranch Project the City has identified approximately
$54.2 million of improvements. Table 3 provides a listing of these improvements and shows a
technically-derived cost allocation for each infrastructure item, as summarized below:
San Luis Ranch cost allocation. Approximately $22.8 million of these costs are attributable to
the San Luis Ranch Project based upon the City’s “fair share” cost allocation and/or other
agreements.
City/regional share cost allocation. This leaves a net amount to be funded of $31.4 million.
Funding sources to fund this “net” cost are discussed below.
San Luis Ranch “up-front” costs. Approximately $25.5 million in up-front costs are required
by San Luis Ranch to build or participate in project specific infrastructure.
Community Benefits
As a part of adopting a Development Agreement, the City is obligated to identify “community
benefits” that are offered by the developer as consideration for the City’s willingness to enter
into the Development Agreement. Community benefits, in this context, are “extraordinary,”
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San Luis Ranch Financing Plan
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meaning they are items that exceed the general nexus-based benefits of the project (e.g., net-
positive fiscal flows, economic development benefits, and achieving other General Plan policies)
and items that are required by City policy or regulations or EIR mitigations. At the minimum, the
dollar value of these extraordinary community benefits should exceed the estimated nexus-based
value of the Development Agreement to the developer, including the value of vesting the
entitlements, offering to provide financing mechanisms, and other financial considerations. The
City and the San Luis Ranch Developer have discussed a program of extraordinary community
benefits summarized on Table 4 that sums to $14.25 million. Analysis has shown that this
amount exceeds the value of the Development Agreement to the developer.
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Table 3 San Luis Ranch Regional Improvement Cost Allocation
Percent Amount Percent Amount
ROADWAYS
1 Froom Ranch Way (Prado to Oceanaire) Including Bridge Build & Fund $7,071,277 100% $7,071,277 0% $0
2 Froom Ranch Way (Oceanaire to Target Driveway) Design & Pay Fees - Built By Others $423,561 15% $63,534 85% $360,027
3 Froom Ranch Way & LOVR Intersection Widening
Build w/ Potential Private
Reimbursement $450,000 20% $90,000 80% $360,000
4 Prado Road/US 101 Interchange and North Bound Ramps
Financing of Project improvements; Net
Fees - Built By City $25,000,000 28% $7,000,000 72% $18,000,000
5 Prado Road Southbound Ramps Pay Fees - Built By Others $10,000,000 28% $2,800,000 72% $7,200,000
6 Madonna & Dalidio/Prado Intersection Widening Build & Fund $2,000,000 100% $2,000,000 0%$0
OTHER AREA ROADWAYS (MITIGATIONS)
7 Madonna & SB 101 Off Ramp - Lengthen EB Left Turn Pocket Build & Fund $50,000 100% $50,000 0%$0
8 Madonna & Oceanaire Pedestrian X-ing Enhancements Build & Fund $300,000 50% $150,000 50% $150,000
9 Madonna & San Luis Ranch Way Pedestrian X-ing Enhancement Build & Fund $150,000 100% $150,000 0%$0
10 LOVR & SB 101 Off Ramp - Lengthen Left Turn Pocket Build & Fund $250,000 100% $250,000 0%$0
11 LOVR & Higuera - Lengthen EB Right Turn Pocket Build & Fund $25,000 100% $25,000 0%$0
12 Higuera & South - Lengthen NB Right Turn Pocket
Build w/ Potential Private
Reimbursement $250,000 50% $125,000 50% $125,000
OTHER AREA ROADWAY MITIGATIONS - FEE ONLY PROJECTS
13 Prado & Higuera Widening Pay Fees - Built By Others $750,000 10% $75,000 90% $675,000
14 Madonna Rd @ LOVR - Signal Timing Optimization Pay Fees - Built By Others $2,500 0%$0 100% $2,500
15 Madonna & Oceanaire Turn Lane Extensions Pay Fees - Built By Others $25,000 100% $25,000 0%$0
16 Madonna & LOVR - Turn Lane Extensions Pay Fees - Built By Others $25,000 100% $25,000 0%$0
17 LOVR & Auto Park Way Signalization Pay Fees - Built By Others $200,000 11% $22,000 89% $178,000
18 Higuera & Tank Farm - Lengthen NB Right Turn Pocket Pay Fees - Built By Others $850,000 5% $42,500 95% $807,500
SLR BIKEWAYS
19 Prado Road Class I Path (Madonna to Froom)Build & Fund $1,500,000 100% $1,500,000 0%$0
20 Madonna Road Class I Path / Protected bikeway
(Hwy 101 to Oceanaire)Build & Fund $800,000 60% $480,000 40% $320,000
21 Bob Jones Trail (Calle Joaquin to Froom Ranch Road)
Build w/ Potential Private
Reimbursement $1,000,000 16% $160,000 84% $840,000
SLR BIKEWAYS - FEE ONLY PROJECTS
22 Prado Road Class I Path (NB Ramps to Higuera)Pay Fees - Built By Others $500,000 28% $140,000 72% $360,000
23 Bob Jones Trail (Madonna to Prado)Pay Fees - Built By Others $1,500,000 3% $45,000 97% $1,455,000
UTILITIES
24 Install new 24" HDPE Sewer Line
50% developer share for the sewer
system $1,078,700 50% $539,350 50% $539,350
Cost Totals $54,201,038 $22,828,661 $31,372,377
Source:City Staff Regional Infrastructure database dated October 9, 2017, with agreed-upon costs for the Prado Road/US 101 Interchange (Item #4) and the Bob Jones Trail (Item #21).
City/Regional ShareItem #Item Developer Role/Participation
Preliminary
Cost Total
Estimate
Cost Allocation
Developer Share
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San Luis Ranch Financing Plan June 2018 10 Table 4 San Luis Ranch Proposed Community Benefits Program Developers Proposal Dollar Value Beyond SLR's Fair Share1.0Land and Building Dedications1.1Agricultural Heritage and Learning Center - Building Costs (Net of Mitigation Requirements) $2,025,0002.0Multi-Modal Transportation 2.1Bike Share/Rental$290,0002.2Car Sharing/Park & Ride$290,0002.3Electric Car Charging Stations$240,0003.0Energy and Water Conservation Features3.1Solar PV [1]$3,204,5003.2Building Efficiency/Net Zero$725,0004.0Affordable and Workforce Housing Programs4.0Priority for SLO Residents, Workers (1.5% of Initial Sales Value) $4,468,8754.2Owner Occupancy Restriction on NG-10 and NG-23 Units (1.5% of Initial Sales Value)$2,703,0004.3Local Heroes Program - Minimum of $1,500 Incentive per Home (Assuming Approx. 200 Homes)$300,000$14,250,000[1]Sources: San Luis Ranch; City of San Luis Obispo; Kosmont Companies; Economic & Planning Systems, Inc.Extraordinary Community Benefit Items Offered by San Luis RanchTotal Extraordinary Community Benefits (Rounded)Total cost of Item 3.1 is $4,930,000. San Luis Ranch's fair share is 35%, or $1,725,500. The balance of $3,204,500 represents value to the City beyond San Luis Ranch's fair share. PACKET PAGE 48111
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4. FUNDING AND FINANCING SOURCES
San Luis Ranch Funding Sources
Developer or Builder Equity
Developer equity, including revenue from a Community Facilities District (CFD) bond issue, is
one of the primary sources of funding for infrastructure improvements needed to serve the San
Luis Ranch area. Developer (or builder) equity will pay City development impact and mitigation
fees, fund construction of all “in-tract” and “backbone” improvements located within the San Luis
Ranch area, fund the Project’s “fair share” allocation of off-site “regional” improvements, of
which some will be subject to fee credits, and advance funding over and above the “fair share”
costs, a portion of which will be subject to reimbursement by the City. It is estimated that total
developer equity necessary to fund the backbone and in-tract infrastructure and region-serving
infrastructure (including the amount beyond the nexus-based “fair share” amount) is $25.5
million.
Participation in Area and Citywide Development Impact Fee Programs
The San Luis Ranch Project will be subject to the City’s various development impact fee
programs, as specified in the Development Agreement. Per the Development Agreement, the
San Luis Ranch Project will pay transportation fees and water and wastewater connection
charges, as of the date of the Vesting Tentative Map (July 2017), except these fees will escalate
at 10 percent per year beginning one year after the annexation and recordation of the first Final
Map creating a developable residential (or commercial) lot until the fees reach the maximum fees
approved and adopted by the City Council as part of the 2018 update.2
The residential component of the San Luis Ranch Project will pay the fire and police fees as
approved and adopted by the City Council in 2018. The commercial component of the San Luis
Ranch Project will pay the fire and police as approved and adopted by the City Council in 2018,
except these fees will be phased in as described in the Development Agreement. Additional
development impact fees are charged by the local school district.
Per the terms of the Development Agreement, the difference between the fees that would be
paid per the 2018 update and the July 2017 “vested” fees is referred to as the “excess”
development impact fee payment. Both the developer and the City have agreed that in no event
will the total amount of excess fee payments be less than $2,700,000.
Construction and Dedication of “In-tract” Improvements
As is common practice, the developer of San Luis Ranch will build in-tract and backbone
infrastructure within, and on the periphery of, the San Luis Ranch area to the specification of the
City as documented in the Tentative Subdivision Map and subsequently dedicate these
improvements and underlying lands to the City.
2 During 2017 and 2018 the City engaged in a comprehensive effort to update and reorganize its
impact fees, and the updated fee program was adopted in January 2018
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“Fair Share” Allocation of Other Improvement Costs
The development of the San Luis Ranch Project will increase traffic on existing roadways and
create demand for other City/County infrastructure. Many of these improvements are facilities
located beyond the project boundary. This additional demand was studied in detail as part of the
Environmental Impact Report (EIR) and the mitigation measures identified to maintain policy-
based levels of service on these facilities.
One of the most significant improvements is the construction of an overcrossing from the San
Luis Ranch site across U.S. Highway 101 via an overpass that will connect to the existing section
of Prado Road on the east side of the freeway. This overpass will serve the expanded commercial
and residential development of San Luis Ranch and will provide an additional east/west
connection in San Luis Obispo that would reduce congestion at the Los Osos Valley Road and
Madonna Road interchanges and route traffic to and from the Airport Area via the Prado Road
connection. The overpass will also have a Class I Bike path, on-street bike lanes, and sidewalks.
This improvement is to be constructed as a separate project from the Specific Plan as it is
developed, and the Specific Plan would pay a fair share contribution to the design and
construction. Consequently, the project will construct improvements that are necessary to
correct existing deficiencies and to accommodate traffic and other impacts above and beyond its
own impacts.
Community Facilities District
The owners of the property have requested and the City has agreed to form a CFD subject to
Council action for the San Luis Ranch area. Such a CFD, pursuant to the Community Facilities
District Act of 1982, allows for the levy of a special tax on real property located within the
designated boundary of the CFD for a range of purposes including providing funding for
municipal services, local area maintenance, and infrastructure. It is common for the special taxes
to be used to service municipal bonds issued for the CFD to fund new development-related
infrastructure. The San Luis Ranch CFD will primarily be used as a source of funding for the
Prado Road/Highway 101 Interchange improvements and either directly fund or reimburse
developer funding of regional improvements.
City Funding Sources
Development Impact Fee or Exaction Revenue
Insofar as other developers/builders are obligated to pay their “fair share” of infrastructure
improvements by paying the Citywide and area development impact fees or additional nexus-
based “exactions,” a portion of this revenue will be used for reimbursement for investments
above “fair share” made by the San Luis Ranch developer (or other nearby developers that may
advance funding for construction of fee-funded facilities and improvements).
Other Funding Sources
Funding for the City’s share of non–San Luis Ranch improvement costs may be derived from a
variety of sources typically used by the City to fund infrastructure. These include private funding
from other development, public grants and use of eligible and available impact fee revenue.
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Funding Strategy for Regional Improvements
A key aspect of the San Luis Ranch Financing Plan is providing funding for a range of
improvements required for its development but also needed to meet needs of other nearby
development and development throughout the City and region. Overall, these improvements are
estimated to cost $54.2 million. As shown in Table 3, above, these costs are dominated by the
Prado Road/US 101 Interchange. Table 3 also shows the cost allocation to the San Luis Ranch
developer and the remainder that is the share that must be funded by the City or others. A key
consideration regarding these improvements is their phasing and linkage, (i.e., when the
individual improvements need to be constructed as new development occurs). At the present
time it is expected that the improvements will need to be constructed over the next 10 years or
more, depending on the rate of actual development and other factors. Table 5 shows the
sources of funding that the developer will rely upon to pay for San Luis Ranch’s cost allocation,
as further described below.
Table 5 Funding Sources for Regional Improvements
Developer Fair Share Allocation
Total "Fair Share" Cost Allocation $22,828,661
Developer Funding Sources
SLR Developer Equity $6,000,000
Mello Roos Community Facilities District (CFD) – SLR Parcels $14,000,000
San Luis Ranch to determine allocation
between residential and commercial.
Credits/Reimbursements/Adjustments
City Adjustments $2,000,000 City to determine sources of adjustments
(e.g., credits, reimbursements, other).
Totals
Estimated Total Funding $22,000,000
Value of Fee Deferral or Other Considerations $828,661 Reflects fee deferral to certificate of
occupancy or other considerations.
Funding Gap $0
Additional Negotiated Housing Commitment
Total Workforce Units 14
Provided in consideration of the City
Adjustments shown above. Distribution of
units will be per Housing Element Policy.
Funding Sources SLR
Cost Allocation Notes
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Phasing of Regional Improvements
The Regional Improvements will be phased in a manner that meets increasing travel demand and
also the availability of necessary funding from development-based or City sources.
Up-front Developer Obligation
The Developer’s up-front obligation to build improvements and/or pay fees, before accounting for
credits/reimbursements or other adjustments, is estimated to be $25.5 million. This is above and
beyond the Developer’s Fair Share of Costs, and the City is committing to providing credits/
reimbursements or other adjustments to address the $2.7 million difference.
Developer Pays Fair Share Costs Funding of Regional Improvements
Developer will provide funding for its “fair share” of regional infrastructure improvement costs as
exaction cash payments, through direct construction, subject to credits and reimbursements
from the City where justified and issuance of CFD bonds. Estimated cost of the developer’s fair
share is $22.8 million, just over 40 percent of total regional infrastructure project costs. This
developer funding or construction will occur on a schedule consistent with Subdivision Map
requirements or as specified in the Development Agreement.
City and Regional Funding or Construction of Regional Improvements
The larger portion of the regional infrastructure costs, $31.4 million, nearly 60 percent of the
total, falls to the City (and the region) to fund. The City has identified a range of sources for this
purpose as described below. Due to some uncertainty, including what the actual costs are and
also variations in the amounts received from the individual funding sources, it will be prudent to
have a funding contingency, (i.e., identify total funding in excess of the currently estimated cost
of the improvements).
Future Citywide Impact Fee Funding
A number of the infrastructure projects included in the Regional Improvements list are also
included in the City’s updated development impact fee program. These impact fees will generate
fee revenues over time that will be available to fund the regional improvements associated with
the San Luis Ranch development. Some of these fees may not fully recover the total costs of
project improvements, and SLO Ranch may not be paying the total of new fees that are
established, therefore final reimbursement calculations will be necessary when the City does final
adoption of this program.
Contributions from other Benefitting Developers
There are several pending development projects that will benefit from the regional improvements
and thus will contribute funding either as entitlement-related exactions to the City, building part
of the improvement themselves, or through private reimbursement agreements with the
Developer. It is currently estimated that approximately $845,027 in transportation costs3 will be
3 See Item #2, #3, and #12 on Table 3.
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available over time from these sources and $539,000 in potential private reimbursement4 for
wastewater utility improvements will be sought.
San Luis Obispo Council of Governments Grant Funding
The San Luis Obispo Council of Governments (SLOCOG) administers the major State and federal
transportation grant programs for jurisdictions in San Luis Obispo County. To date SLOCOG has
identified approximately $6,000,000 that may be used to assist with construction of the Prado
Road/Highway 101 Interchange Phase I. Additional funding will be needed as Phase II proceeds.
Other Funding
Approximately $953,000 in funding will be needed from other funding sources, including the
City’s General Fund, to help complete projects that are needed to be built by San Luis Ranch.5
These funds are not able to be passed on to the impact fee programs or reimbursed through
public grant sources.
Because the regional improvements benefit San Luis Obispo County, accommodating trips
starting or ending in the unincorporated portions of the County, there is an obligation to fund a
proportional amount of the region-serving infrastructure, specifically components of the Prado
Road/Highway 101 Interchange. The County will make a one-time contribution of $1,435,260
toward this project, which is intended to supplement the amount of regional share that will be
paid by the San Luis Obispo Council of Governments (SLOCOG).
Tax Increment Funding
The City is currently in the process of seeking annexation of the San Luis Ranch territory to the
City. As a part of this annexation process, a property tax exchange agreement (“Tax Exchange
Agreement”) is necessary to establish a property tax base and increment for the City. The Tax
Exchange Agreement was approved by the County Board of Supervisors on May 1, 2018. The
City will receive one-third of all future property tax increment, after transfers to the Educational
Revenue Augmentation Fund (ERAF), beginning in Fiscal Year 2019-20 and each year thereafter.
This financial agreement is contingent upon approval of the annexation by LAFCO.
Property taxes are one of the main revenue sources the City uses to fund its municipal services
as shown in the San Luis Ranch Fiscal Impact Report.6 The City and/or County could decide each
year to appropriate some or all of the property tax increment from development of the San Luis
Ranch Project to a special “tax increment fund” that would fund their cost allocations. This
pledge of tax increment would be for a predetermined period of years required to accumulate or
pay debt service on a related debt issue or loan.
Funding Strategy for Prado Road/US 101 Interchange
As described above, the Developer and the City have agreed to obligations towards the funding
of the Prado Road/US 101 Interchange based upon a 28 percent “nexus-based” allocation of cost
4 See Item #24 on Table 3.
5 Per City staff analysis dated 2/8/18.
6 Ibid.
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to the developer. The balance is funded with City and regional sources to address the existing
deficiency and to provide improved capacity for future Citywide and regional development.
Table 6 illustrates the Prado Road improvement cost-sharing agreement and shows the specific
sources of funding that the developer and the City will use. In addition to direct equity
investment as part of project development, the developer has agreed to the formation of a CFD.
Together, these two sources will fund the bulk of the developer’s $9.8 million obligation. The City
will draw upon a variety of sources including funding from the recently updated Traffic Impact
Fee (TIF) Program and contributions from San Luis Obispo County and SLOCOG reflecting the
regional benefits of the Prado Road/US 101 Interchange improvements. Other grant funding
sources may also be obtained.
Table 6 Funding Strategy for Prado Road/US 101 Interchange
Regarding the substantial contribution to the Prado Road/US 101 Interchange improvements
from the City’s TIF, there likely will be imbalances between the timing of the needed
improvements and the availability of funding. This is often the case with impact fee programs
where improvement costs are often needed “upfront” and fee revenues accumulate over time as
Total Cost of Prado Road/US 101 Interchange
Prado Road/US 101 Interchange and North Bound Ramps $25,000,000 See Table 3
Prado Road Southbound Ramps $10,000,000 Appendix A of the Capital Facilities Fee
Program Nexus Study
Financing $11,023,545 Appendix A of the Capital Facilities Fee
Program Nexus Study
Total Cost $46,023,545
Direct Developer Funding
Developer Contribution $9,800,000 Fair Share Allocation (28%), See Table 3
Transportation Development Impact Fee Program
Transportation Impact Fees $28,663,545 Appendix A of the Capital Facilities Fee
Program Nexus Study
Regional Funding Sources
County of San Luis Obispo $1,435,260
One-time contribution towards Prado
Road/Highway 101 Interchange Project as
described in the Tax Exchange Agreement
San Luis Obispo Council of Governments (SLOCOG)$6,000,000 STIP Funding for Prado Road/Highway 101
Interchange Project (secured)
Future SLOCOG Allocation $124,740 Requested but not yet secured
Totals
Estimated Total Funding $46,023,545
Funding Gap (General Fund or Other)$0
Funding Sources City
Cost Allocation Notes
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development of the project area (and in the City as a whole) occurs. In this event the City may
need to loan the TIF Program funds to assure timely delivery of roadway improvements, to be
paid back by the subsequently accruing fee revenues. Funding for such a loan could be derived
from the City’s General Fund reserves or through a loan (e.g., from the State Infrastructure
Bank), through financing (e.g., a certificate of participation), or through a pledge of City tax
increment revenue.
Economic Considerations
Project Feasibility
As a part of achieving new development as envisioned in the City’s General Plan and specified in
specific plans or other zoning actions, it is in the interest of the City to cooperate with developers
and builders to promote feasibility of new development, (i.e., that new development generates
economic returns sufficient to attract necessary private equity investment and commercial
lending). While market conditions can constrain investment at low points in the business cycle,
over the longer terms the type and amount of development authorized by the City and the costs
imposed for needed infrastructure and facilities should balance so as not to unnecessarily impede
desired development.
Financial Burden Measures
A variety of methods are used to determine the cost burden placed upon new development
associated with providing the necessary infrastructure including in-tract and backbone
infrastructure improvements and contributions to City-serving infrastructure through payment of
impact fees or other mechanisms. The San Luis Ranch Project, given the real estate values
created and the total cost of infrastructure improvements, is shown to fall within reasonable
market levels of financial burden.
Incidence of Burdens
Depending upon the type of funding relied upon to develop a project, the “incidence” of the
burden (who pays?) varies. Equity provided by the developer for project costs including
contributions to public infrastructure and facilities is a burden on the equity investors in the
project. Special taxes or assessments on real property are a burden on the local homeowners or
businesses subject to these taxes or assessments. Excise taxes (e.g., sales taxes, utility taxes,
transient occupancy taxes) are a burden on those engaging in purchases of these goods. The
City has established CFD policies which place a 1.8 percent “cap” on property tax burdens.
The San Luis Ranch project is located in County Tax Rate Area (TRA) 112-002 which has a total
current tax rate of 1.07225 percent, reflecting the basic 1 percent as well as voter-approved
overrides.7 Future additional tax overrides related to voter-approved general obligation bonds
and special taxes or assessments may be approved in the future.
7 San Luis Obispo County Auditor-Controller.
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5. IMPLEMENTATION MEASURES AND RELATED ACTIONS
The Financing Plan will be implemented concurrent with approval and subsequent development
of the San Luis Ranch area. Key components of implementation will include the following.
1. Adopt Development Agreement
The Entitlement Documents for the San Luis Ranch Project include a Development Agreement,
which is a contract between the Developer and the City that vests the entitlement over a long
term (20 years) as consideration for extraordinary benefits to be received by the City for
granting the vesting. The San Luis Ranch Development Agreement largely provides a framework
and security for funding the regional infrastructure improvements and the related reimbursement
to the Developer for investments that exceed the “fair share” cost allocation for these
improvements.
2. Administer Subdivision Map Conditions
A vesting tentative map was adopted for the San Luis Ranch in July 2017. The Subdivision Map
includes an extensive set of conditions that must be met by the Developer as the project is
developed, including construction of all “in-tract” infrastructure improvements and other
obligations.
3. Adopt and Administer City Development Impact Fees
The City of San Luis Obispo levies a range of development impact fees on new development.
These currently include fees for transportation improvements, parks and recreation
improvements, and water and wastewater connection charges.8 These fees are levied on a
citywide basis and also additional fees are charged within specific subareas of the City where
additional local infrastructure is required. In 2018 the City completed a major update to its
impact fee program that includes new fee categories for public safety and revisions to existing
fees. The San Luis Ranch Project will be charged the fees that were in place at the time the
vesting tentative map was adopted, subject to the adjustments specified in the Development
Agreement. If the developer builds improvements that are funded by the impact fees they will be
eligible for a credit against the respective fee liability that will be passed on to subsequent
builders otherwise subject to the fees. If infrastructure is oversized with respect to the
developer’s “fair share” cost allocation, the value of the oversizing will be reimbursed with fee
revenue received from other development subject to the fee.
4. Prepare and Administer Reimbursement Agreement(s)
The San Luis Ranch Development Agreement will enable and specify the terms and security for
reimbursement agreements that will be created for each of the individual regional improvements.
8 In addition, the City charges in-lieu fees for park land, public art, and affordable housing; however,
these in lieu fees are often the subject of specific negotiations.
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Projects Eligible for Private Reimbursement
Three projects have been identified that may be eligible for private reimbursement. Alternatively,
these improvements may be incorporated into the updated Impact Fee Program.
Froom Ranch Way: Oceanaire to Target Driveway (Item #2 on Table 3)
Froom Ranch Way and LOVR Intersection Widening (Item #3 on Table 3)
Higuera & South: Lengthen North Bound Right Turn Pocket (Item #12 on Table 3)
Projects Eligible for Impact Fee Credits
Insofar as the Developer builds or directly funds infrastructure improvements that are included in
one of the City’s development impact fees, the Developer is eligible to receive credit against its
fee obligations for these improvements. The Development Agreement will specify the precise
terms of these fee credits. Currently, the following projects may be eligible for impact fee credits
(see Table 3).
Madonna and Dalidio/Prado Intersection Widening
US SB Ramp at Los Osos Valley Road
LOVR and Higuera Intersection
Turn Lane extensions at Madonna and Oceanaire, and Madonna and LOVR
Prado Road Class I Bike Path US 101 to South Higuera
Additionally, some projects may be eligible for crediting under the City’s updated Mitigation Fee
Act Transportation Impact Fee program. Final credit amounts are subject to final Council
approval. Potential projects that may receive crediting under the revised program include:
Madonna Road Class I Path (US 101 to Oceanaire)
Madonna and Oceanaire Pedestrian Crossing Enhancements
Prado Road and South Higuera Widening
Prado Road Class I Bike Path in front of US Post Office
Bob Jones Trail (Calle Joaquin to Froom Ranch Road)
It is estimated that approximately $2,142,000 in potential impact fee credit for project
construction and mitigation fee requirements will be available to assist in delivering the
improvements needed by the San Luis Ranch development.9
Source of Reimbursement Agreement Funding
A number of infrastructure improvements are specified in the City’s development impact fee
programs and Environmental Impact Fee mitigation measures that the San Luis Ranch Developer
will fund or build beyond its “fair share” allocation of cost. These contributions will be eligible for
reimbursement from fees paid by other developers benefiting from these improvements or from
other sources.
Community Facilities District
A CFD, as enabled by the Community Facilities District Act of 1982, allows a local jurisdiction to
levy a special tax within a specified area to pay for public services and/or infrastructure needed
9 Per City staff analysis, dated 2/8/18.
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within the area. Over the past three decades, CFDs have become a common mechanism for
cities to fund services and finance development-related infrastructure. The levy of any special tax
and any related bond issuance is subject to voter approval, and if the area is inhabited, approval
by two-thirds of the voters in the area is required. If fewer than 12 voters are located in the
area, approval by the landowners is required (San Luis Ranch area currently has no residential
uses).
City Policy and Approach
The City of San Luis Obispo has not, before this San Luis Ranch Project, created any CFDs to
fund capital improvements. The City has, in anticipation of San Luis Ranch and other
development-related financing requirements, adopted policies and procedures related to CFDs
that guide formation of the San Luis Ranch CFD. A key policy adopted by the City is that
“aggregate” property tax burden within the City should not exceed 1.8 percent of assessed value
annually.
Funding Capacity
The funding capacity of a CFD is based upon the type and amount of development within the
bounds of the CFD and the amount of the special tax levied against each parcel. Special taxes
levied as part of a CFD must clearly specify a “rate and method of apportionment” which defines
the amount of the tax levied on each parcel and how the amount may be increased (indexed)
over time to account for inflationary cost increases. Generally, CFD special taxes are limited to a
fraction of the 1 percent property tax allowed under Article 13 A of the State Constitution.
The funding capacity of the San Luis Ranch Project, taking account of the market value of
development being created, the existing general and special taxes, and the City’s established
special tax “cap” of 1.8 percent, is estimated to be approximately $2.9 million annually. Given
market conditions and maximum equivalent HOA rates in the community of $200 per month, and
the significant amount of smaller multifamily units, the aggregate tax burden on residential units
may limit this capacity to below this maximum, resulting in a funding capacity of approximately
$1.7 million per year.
Special Tax Components
The San Luis Ranch CFD is primarily being formed to provide a source for infrastructure funding
to be allocated at the Developer’s discretion. The “Rate and Method of Apportionment” that will
be developed as part of CFD adoption will specify how the San Luis Ranch special taxes shall be
allocated. Based upon current cost analysis, the allocation of CFD special tax funding at full
development of the San Luis Ranch Project area would include $14 million towards infrastructure
funding. Within this total, there will be a component for administration.
CFD Administration
The City will be required to administer the CFD from year to year. Given the nature of the special
tax (a fixed tax rate plus an index-based inflator), this administration is quite simple, involving
sending documentation to the County Tax Collector as the annual property tax bills are prepared.
This service is typically provided by consultants to the City and costs approximately $10,000 to
$20,000 per year depending upon the size of the CFD and complexity of the special tax. There
will be some additional administration required by the Finance Department to control CFD funds
consistent with the terms of the Rate and Method of Apportionment and related financial
reporting (in the CAFR, etc.).
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Formation Process
It is anticipated that the CFD formation will be initiated at the time the San Luis Ranch
annexation is adoption by the City Council. The following steps must be accomplished as part of
the CFD formation process:
Develop CFD concept and document costs to be funded
Map CFD Boundary and conduct voter determination (area occupied area or unoccupied?)
Prepare Rate and Method of Apportionment
Adopt Resolution of Intention
Adopt Resolution of Formation and set date for election
Conduct election (or obtain landowner approval)
Adopt Ordinance to Levy Special Tax
PACKET PAGE 492
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071928\ 9447955 Exhibit D-1
EXHIBIT D
FEASIBILITY MEMORANDUM
(attached)
PACKET PAGE 493
11
M E M O R A N D U M
To: Derek Johnson, City Manager
Michael Codron, Director of Community Development
From: Walter Kieser and Ashleigh Kanat
Subject: San Luis Ranch Financial Feasibility and Funding of Region-
Serving Improvements; EPS #161142
Date: May 17, 2018
As a part of our broader scope of financial services related to the
San Luis Ranch Specific Plan Project, Economic & Planning Systems, Inc.
(EPS) has been asked to evaluate the financial feasibility of the Project
from a private sector “developer” perspective, explore how the costs for
the regional infrastructure beyond the “fair share” of costs attributable
to San Luis Ranch can be funded through combined private and City
sources, and also explore the community benefits deriving from the
development of the Project, including the general benefits expected to
occur and also the “extraordinary” benefits offered by the Developer in
connection with the City’s willingness to enter into a development
agreement. It is important to document feasibility to assure that the
Project, as planned, can meet its infrastructure financing obligations
while remaining competitive and feasible in the marketplace. Regarding
the extraordinary community benefits offered, it is necessary to find that
these benefits to the community equal or exceed the value of the
Development Agreement to the Developer.
This Memorandum documents this financial review effort which has
included a careful and cooperative effort involving City staff and
representatives of the Developer Team to identify Project-related
infrastructure items and their cost estimates, estimating the value of
community benefits, preparing and reviewing confidential financial
information from the Developer (i.e., information subject to a non-
disclosure agreement), and identification and evaluation of funding
options available to the Developer and the City to fund needed regional-
serving infrastructure.
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 2
Findings
1. San Luis Ranch Project has the potential to achieve the financial returns necessary
to attract the needed equity and commercial credit.
Based upon our review of the Developer’s pro forma financial analysis it is our opinion that
the San Luis Ranch Project can be financially feasible as indicated by the measures of
financial return applied and the Developer’s willingness to accept the indicated level of
return. This finding is highly sensitive to the market pricing ultimately achieved and the
respective absorption rates of proposed residential and commercial development, the actual
overall project development costs, and the Project’s actual “fair share” allocation of region-
serving infrastructure costs. As the average home price increases within the range of pricing
indicated by market analysis, financial returns improve proportionately. It is noted that the
Developer is not providing a “guarantee” on the pricing of the homes (other than deed
restrictions on the inclusionary and 14 workforce housing units secured by the Development
Agreement).
2. The City has a range of options for funding region-serving infrastructure beyond
the “fair share” allocated to San Luis Ranch.
As a part of the broader environmental impact and traffic analysis for the San Luis Ranch
Project the City has identified some $54.2 million of improvements that are needed to serve
the Project while also alleviating existing traffic congestion and serving other future
development in the southern area of the City and nearby unincorporated portions of the
County as development occurs over the coming decades. Of this amount, approximately
$25.5 million in upfront costs are required of the project to complete project specific
improvements. Approximately $22.8 million of these costs are attributable to the San Luis
Ranch Project based upon the City’s “fair share” cost allocation technical analysis.1 This
leaves a net amount to be funded from other City, private or regional sources of $31.4
million to fully complete the $54.2 million of total projects required for the San Luis Ranch
development. There are a range of funding and financing options to pay for the non-project
share of these improvements, including private reimbursements, integrating these projects
into the City’s development impact fee programs as part of ongoing update efforts, working
with the County to ensure the County pays its “fair share” allocation and obtaining a portion
of future regional funding.
3. The San Luis Ranch Project will create a range of community benefits and offers
“extraordinary” community benefits that exceed the value of the Development
Agreement to the Developer.
The San Luis Ranch has been designed to achieve a high development standard and as such
will confer a range of community benefits to the City including implementation of General
Plan policies, creation of construction and permanent employment, providing parks and open
space areas in an area of town that is deficient of public parks, and funding needed
improvements to region-serving infrastructure. Additionally, extraordinary community
benefits (beyond those items that occur as the result of Project development or are otherwise
required by City regulation or policy) are being offered including funding infrastructure
beyond the Developer’s “fair share” cost allocation, providing home sales preferences for
1 The fair-share allocation analysis is based on the City’s transportation model and represents a
collaborative effort between the City’s transportation department and the Project developer. PACKET PAGE 495
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 3
local workers and owner occupants, providing a workforce housing program, providing land
and building an Agricultural Heritage and Learning Center, exceeding State and City’s energy
efficiency standards and thereby accelerating compliance with the City’s Climate Action Plan,
and exceeding the City’s multimodal goals and objectives. Based upon our analysis, the
extraordinary community benefits are estimated to be $14.25 million and the value of the
Development Agreement to the Developer is estimated to be $7.05 million, thus the benefits
to the community outweigh the Developer’s benefits.
Project Revenues
The San Luis Ranch Project revenue will be derived primarily from building and selling homes.
Additional revenue will be derived from sale of parcels to other builders. The residential pricing
assumptions used in the pro forma financial analysis reflect a market range of average prices for
single-family for-sale housing from $525,000 to $625,000 (the top of the market range indicated
by market analysis for the expected residential prototypes). The pro forma financial analysis
shows sales of housing and the commercial parcels occurring (following site work that begins in
2018/19) from 2020 through 2026. Pricing and absorption assumptions are consistent with
current and expected future market conditions, and considered conservative for purposes of the
pro forma analysis. The Project’s Affordable and Workforce Housing Program is reflected as a
discount on Project average home pricing and beyond these price-restricted units, as noted
above, no other price restrictions will occur.
Project Costs
Project costs shown in the pro forma financial analysis include the full range of costs required to
develop the Project Site and construct the residential component of the San Luis Ranch Project:
• Land acquisition
• Pre-development costs
• Site improvements
• City development impact fees and permitting fees
• Offsite improvements including the “fair share” allocation of regional improvement costs
• Financing costs, including returns on initial equity invested and construction loan interest
• Vertical construction costs and contingency
These costs as reflected in the pro forma financial analysis all appear to fall within a range typical
for such large development projects, with the exception of the “fair share” allocation of the
regional improvements, as has been noted.
Rate o f Return to Equity Investment
The San Luis Ranch Project, as is the case for all major development projects, requires
substantial equity investment as well as commercial credit for both site “horizontal” development
and building “vertical” construction costs. Real estate finance became considerably more difficult
as the result of the Great Recession due to increased standards and costs for commercial credit
including higher equity requirements to obtain credit. The San Luis Ranch Project also carried a
significant land acquisition cost since its purchase in 2015. These higher equity investments and
requirements increase the need for equity investment and also contribute to overall costs due to
the greater risks involved in equity investment. Our review of the pro forma financial analysis
involves review of all data and assumptions regarding their veracity and also viewing resulting
financial returns from a variety of perspectives. In this instance we have concluded that
PACKET PAGE 496
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 4
the “internal rate of return” method indicated in the San Luis Ranch pro forma financial analysis,
given the use of leverage involved, meets typical real estate industry standards and is acceptable
to the Developer as a basis for moving forward with the Project development.
San Luis Ranch Infrastructure Financing Strategy
In cooperation with City staff and the Project Developer Team, EPS has documented
infrastructure needs and costs and options for funding this infrastructure as part of the broader
effort to prepare a Financing Plan for the San Luis Ranch Project. As a part of this overall
Financing Plan there are two components for fund region-serving infrastructure: 1) assuring that
the San Luis Ranch Project commits developer equity to funding infrastructure costs within th e
Project and also their “fair share” of offsite regional improvements and 2) funding the portion of
offsite regional improvements not allocated to San Luis Ranch. Our analysis has determined that
the funding for both the project-related “fair share” and the City and regional “fair share” can be
secured. Table 1 presents the strategy for funding region-serving infrastructure.
Table 1 San Luis Ranch Infrastructure Financing Strategy
Developer Fair Share Allocation
Total "Fair Share" Cost Allocation $22,828,661
Developer Funding Sources
SLR Developer Equity $6,000,000
Mello Roos Community Facilities District (CFD) – SLR Parcels $14,000,000
San Luis Ranch to determine allocation
between residential and commercial.
Credits/Reimbursements/Adjustments
City Adjustments $2,000,000 City to determine sources of adjustments (e.g.,
credits, reimbursements, other).
Totals
Estimated Total Funding $22,000,000
Value of Fee Deferral or Other Considerations $828,661 Reflects fee deferral to certificate of occupancy
or other considerations.
Funding Gap $0
Additional Negotiated Housing Commitment
Total Workforce Units 14
Provided in consideration of the City
Adjustments shown above. Distribution of units
will be per Housing Element Policy.
Funding Sources
SLR
"Fair Share"
Cost Allocation
Notes
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 5
Community Benefits
The San Luis Ranch Project, by virtue of its development and conforming to City planning
policies, regulatory standards, and mitigating potential environmental impacts, will confer a
range of community benefits in the City of San Luis Obispo. These positive effects of the project
including community development objectives or social, economic and/or fiscal benefits, while a
precondition for a development agreement, are considered as extraordinary community benefits:
1. Creating a new residential neighborhood and commercial district in the City consistent with
General Plan policies.
2. Providing a range of housing prototypes that include small, higher density units that will be
“affordable by design”.
3. Providing new housing targeted at the City’s lower income and working families and including
34 contractually price-restricted affordable (inclusionary) housing units, and an additional 14
price-restricted workforce housing units.
4. Achieving “net-zero” energy consumption and other energy efficiency standards.
5. Generating employment opportunities for the City’s construction-related companies and
workers.
6. Financing infrastructure that in addition to meeting travel demands created by the Project
relieves existing congestion and provides additional capacity for other future development.
7. Providing more than 50 acres of open space including land set aside for continued
agricultural use preserving the area’s agricultural heritage.
Extraordinary Community Benefits
“Extraordinary” community benefits of a development project are public improvements or other
material offerings that cannot be required by the City based on its code requirements or CEQA
mitigation, each which must meet Constitutional statutory standards to achieve the “rational
nexus” test. A complete listing of the extraordinary community benefits being offered by the San
Luis Ranch Developer is shown in Table 2. Specifically, the developer has committed to
constructing or funding improvements or mitigating impacts that exceed the mitigation measures
specified in the project environmental impact report or other City-determined requirements. The
developer has also agreed to build a public improvement in advance of when it might otherwise
be required. For example, an intersection improvement that may not be required to mitigate
project-induced congestion until five years in the future could be built in advance, assuring that
the improvement is constructed and conferring congestion reduction immediately. These
improvements include the following:
1. Land and Building Dedications
2. Multi-Modal Transportation Improvements and Programs
3. Energy and Water Conservation Features
4. Affordable and Workforce Housing Programs
Taken as a whole these cited community benefits total $14.25 million. The estimates were
prepared by the Developer’s financial consultant, Kosmont Companies, and have been reviewed
for the reasonableness of the assumptions used and computational accuracy by EPS.
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 6
Table 2 Summary of Extraordinary Community Benefits
Comparing the Value of Community Benefits with Value Received by Developer
As part of reaching a Development Agreement it is customary that the community benefits
offered by the Developer meet or exceed the value(s) conferred on the Developer by the City. As
a general measure the extraordinary community benefits offered should meet or exceed the
estimated value of the vested entitlement to the developer combined with the additional benefit
to the developer from other special terms granted by the City (e.g., infrastructure financing
contributions, formation of financing districts, etc.).
Value of Vesting the Entitlement
As a part of this effort a review of the Developer’s pro forma financial analysis was conducted by
EPS, subject to the terms of a non-disclosure agreement. Applying the standard method of
measuring a reduction in the “threshold IRR” associated with reduced risks and costs to the San
Luis Ranch project associated with two vesting assurances: 1) elimination of future planning or
regulatory changes (i.e., rezoning of the Project area) and 2) assuring project development
phasing through a fixed allocation of housing units pursuant to City’s Growth Management
Ordinance. These two considerations are estimated to confer a value of approximately
$2.75 million to the Developer.
Dollar Value Beyond
SLR's Fair Share
1.0 Land and Building Dedications
1.1 Agricultural Heritage and Learning Center - Building Costs (Net of Mitigation Requirements)$2,025,000
2.0 Multi-Modal Transportation
2.1 Bike Share/Rental $290,000
2.2 Car Sharing/Park & Ride $290,000
2.3 Electric Car Charging Stations $240,000
3.0 Energy and Water Conservation Features
3.1 Solar PV [1]$3,204,500
3.2 Building Efficiency/Net Zero $725,000
4.0 Affordable and Workforce Housing Programs
4.0 Priority for SLO Residents, Workers (1.5% of Initial Sales Value)$4,468,875
4.2 Owner Occupancy Restriction on NG-10 and NG-23 Units (1.5% of Initial Sales Value)$2,703,000
4.3 Local Heroes Program - Minimum of $1,500 Incentive per Home (Assuming Approx. 200 Homes)$300,000
$14,250,000
[1]
Sources: San Luis Ranch; City of San Luis Obispo; Kosmont Companies; Economic & Planning Systems, Inc.
Extraordinary Community Benefit Items Offered by San Luis Ranch
Total Extraordinary Community Benefits (Rounded)
Total cost of Item 3.1 is $4,930,000. San Luis Ranch's fair share is 35%, or $1,725,500. The balance of $3,204,500 represents value to
the City beyond San Luis Ranch's fair share.
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Memorandum May 17, 2018
San Luis Ranch Financial Feasibility Page 7
Value of Terms Offered Conferring Additional Benefit to the Developer
As noted, the developer has requested other considerations intended to lower costs or improve
project revenues in pursuit of adequate financial returns. In this instance, the additional benefits
to the Developer offered in the Development Agreement include the willingness to establish and
administer a Community Facilities District (CFD) to finance a portion of the Developer’s share of
regional infrastructure costs.
The value of the CFD to the Developer has been estimated by comparing the interest rate
available through municipal bonds to commercial credit. Given the expected $14 million bond
issuance, it is expected that over the 30-year term of the bond interest rate savings would be in
the range of $4.3 million.
In summary, it is concluded that the Development Agreement extraordinary community benefits
offered to the City by the Developer, estimated to be $14.25 million, exceed the estimated $7.05
million of benefit received by the San Luis Ranch Developer by approximately $7.2 million.
PACKET PAGE 500
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071928\ 9447955 Exhibit E-1
EXHIBIT E
AGRICULTURAL LAND OPERATIONS & GUIDELINES
(attached)
PACKET PAGE 501
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Revised 12-08-2017
Exhibit E
Operational Requirements and Guidelines for the Agricultural Land
on San Luis Ranch
In addition to the conditions of the Project Approvals and the terms of the Development Agreement, San
Luis Ranch agrees to the following:
Agricultural Heritage Facilities and Learning Center:
The Agricultural Heritage Facilities and Learning Center (the “Agricultural Heritage Learning Center”) will
include the historically significant Dalidio Home, Racetrack Viewing Stand and Hay Barn. The restored
agricultural setting will allow San Luis Ranch residents and visitors to experience the working farm much
as it operated in decades past, and learn about current organic farming practices. The Agricultural
Heritage Learning Center will be a destination for the San Luis Obispo community and will feature local
food, farming and cooking education and build a lasting connection to our agricultural heritage.
Operational Milestones:
(a) Prior to issuance by the City of any grading permits for the Property, the Developer shall
submit a draft Organic Farm Management Plan (the “Farm Plan”) to the City for review
and approval. At a minimum, the Farm Plan shall have the following components:
i. A preliminary operations plan for the Agricultural Land (as defined in the
Development Agreement) which shall include: a description of the necessary
licenses and permits for all agricultural operations on the Agricultural Land
covered by the permanent Agricultural Easement; a description of practices
and procedures to be performed and maintained to achieve compliance with
the Specific Plan, including progress toward and attainment of organic
certification, and to ensure continued agricultural operations on the
Agricultural Land covered by the permanent Agricultural Easement; a
description of the monitoring practices and procedures to be performed and
maintained, including the frequency with which they will be performed, to
verify that the plan is effectively implemented; a description of the
accounting and recordkeeping system; any additional information deemed
necessary by the City to evaluate compliance with the Specific Plan and to
ensure continued agricultural operations.
ii. A preliminary education plan for the Agricultural Heritage Learning Center,
outlining potential educational opportunities on the permanent Agricultural
Easement area and Agricultural Heritage Learning Center.
(b) Prior to issuance of grading permits for the multi-family component of the Project, the
Developer shall restore and relocate the three existing on-site historic structures to the
Agricultural Heritage Learning Center at the northeast corner of the farm, maintaining
PACKET PAGE 502
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Revised 12-08-2017
their approximate original solar orientation and relation to one another. These historically
significant structures will include an agricultural processing center and a farm stand for
local goods and products. These structures will be open to the public for community
gatherings and educational programs. Prior to the construction of the Prado Road
overcrossing, these facilities shall only be open for use by the residents of the Project and
the lessee of the adjacent City Farm Property.
(c) No later than one year after completion of on-site grading on the Agricultural Land
covered by the permanent Agricultural Easement, or prior to the execution of a lease of
that Land, whichever occurs first, the Developer shall submit a final Farm Plan to the City’s
Natural Resources Manager for review and approval, which shall not be unreasonably
withheld, and the developer shall enroll the area within the permanent Agricultural
Easement in the USDA organic certification program or an equivalent. The parties
acknowledge that the Farm Plan is subject to change and/or amendment and that any
such modifications shall be subject to review and approval by the City’s Natural Resources
Manager, which shall not be unreasonably withheld. All annual organic reports and
operational statements shall be provided to City upon request.
(d) Developer agrees to incorporate the Farm Plan in any lease entered into for agricultural
operations on the Agricultural Land. Any such lease shall contain a clause terminating
that lease if there is continuing non-compliance with the Farm Plan after sixty (60) days
of receipt of notice and otherwise empowering the developer to take steps sufficient to
enforce the Farm Plan.
City’s Remedies
(a) If Developer fails to submit the draft Farm Plan or the final Farm Plan when and as set
forth above, or if City determines that the Agricultural Land is not operating in accordance
with the approved plan, City shall provide written notice to the Developer of such
violation and demand corrective action sufficient to cure the violation.
(b) Developer shall have ten (10) working days to submit a Farm Plan or ninety (90) calendar
days after notice from City to bring the farm operations into compliance with the Farm
Plan.
(c) After conclusion of the ten (10) working day or ninety (90) calendar day period, as
applicable and following the termination of any existing lease and the eviction of any
tenant, City shall have the right to require the Developer to execute a lease with an
organic farmer of City’s choice, subject to approval by Developer which shall not be
unreasonably withheld or delayed. City shall have the right to dictate the terms and
conditions of said lease. Developer acknowledges and agrees that, should Developer
refuse to approve such tenant or refuse to execute such lease, City shall have the right to
seek specific performance to compel Developer to execute such lease. In addition to the
foregoing remedy, City may seek an injunction prohibiting Developer from using or
further leasing the Agricultural Land. City may also seek appointment of a receiver to take
control of the Agricultural Land pursuant to Code of Civil Procedure §§ 564 et seq.
Developer acknowledges that the continued agricultural operation of the Agricultural
Land is a critical community value and an important component of the City’s approval of
PACKET PAGE 503
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Revised 12-08-2017
the San Luis Ranch project and developer agrees that a receivership is an appropriate
remedy per Code of Civil Procedure § 564(a)(9) in order to preserve the Agricultural Land
and the rights of the City should Developer, or its successors and assigns, fail to comply
with this Agreement and the conditions of the Project Entitlements relative to the use,
operation and care of the Agricultural Land, including the requirements of in this Exhibit
F. Developer acknowledges the remedies set forth herein are cumulative to each other
and to any other remedy afforded to City in law or in equity and that no election of
remedies shall apply.
(d) The Developer shall bear any and all expenses, costs and liabilities the City incurs to
enforce this Agreement and the conditions of the Project Entitlements relative to the use,
operation and care of the Agricultural Land, including the requirements of this Exhibit F,
including, without limitation, costs of suit and attorneys’ fees.
(e) For purposes of ensuring the City has legal standing to enforce these remedies, all leases
of the Agricultural Land shall include language granting City the Special Power of Attorney
to enforce any defaults under the terms of the lease.
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071928\ 9447955 Exhibit F-1
EXHIBIT F
AFFORDABLE/WORKFORCE HOUSING PLAN
(attached)
PACKET PAGE 505
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Exhibit F
Affordable & Workforce Housing Plan
Affordable Housing Plan
The San Luis Ranch project will encourage long term housing affordability by including design and devel-
opment strategies that provide lower cost housing, by including a range of housing sizes and types that
are not typically provided in the community, including deed-restricted workforce units, and by providing
lower income inclusionary units as required by the City Inclusionary Housing Ordinance. Since the price
of houses over time is most closely related to the size of the dwelling unit, the size of the lot, and costs of
maintenance, the project has concentrated on lowering the overall size of market rate dwelling units, and
reducing lot size for market rate units.
Within each of the residential zones there will be dwelling unit sizes ranging from 220 square foot studios
to 2,200 square foot single family detached units. Lot sizes range from air-space studios to 3,200 square
feet. Consequently, the average size of the units and lots across the development is far smaller (less than
½ the size) of existing residential housing stock in the City.
Maintenance expenses, to the extent feasible, may be included in a Community Facilities District to reduce
the necessity for Homeowner’s Association fees and other costs associated with that maintenance and
governance structure. Landscape maintenance and cost of water and utilities will also be reduced through
the use of drought tolerant landscaping, smaller lots and other sustainable and cost reducing features.
The City’s Housing Element provides incentives to develop housing in a denser pattern, with smaller unit
sizes to encourage affordability across the low, moderate and workforce income ranges. These incentives
include reduced inclusionary housing requirements for denser projects and for projects with lower dwell-
ing unit square footages. Conversely, more inclusionary housing is required for projects with dwelling
units that exceed unit sizes of 2,000 square feet. Table 2A of the Housing Element contains these adjust-
ment factors.
According to the City’s Inclusionary Housing Ordinance and Table 2A, the inclusionary housing require-
ment for the residential component of the San Luis Ranch project is a total of 34 units, with 26 very low,
4 low, and 4 moderate income units. These inclusionary units will be integrated throughout the project in
the single-family detached, townhome, studio, 1 and 2-bedroom condominium products. In addition, the
commercial component of the project requires a total of 34 inclusionary units. The project proposes to
meet the commercial component requirement by either constructing these units on-site or paying an af-
fordable housing in-lieu fee.
City Residential Requirements
The San Luis Ranch Specific Plan includes locations for on-site units to fulfill the affordable housing re-
quirement for the residential development planned for the Specific Plan Area. Including residential uses
only, the Specific Plan Area must provide a total of 34 deed restricted affordable units in the development,
and must provide at least 5% low and 10% moderate income affordability per Table 2 of the Housing
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 2 of 7
Element. Any additional units provided above the inclusionary requirement could be sold or rented at
market rate. See residential calculation below.
Residential Inclusionary Requirement Calculation
# of
Units
Density
(units/acre)
Unit
S.F.
Build 5%
(very low
income)
Build 10%
(moderate
income)
Total Base
Required
Adjust
Factor
Required
Inclu-
sionary
Units
200 NG-30 1,000 10 20 30 0 0
100 NG-23 1,300 5 10 15 0.25 3.75
200 NG-10 1,500 10 20 30 1 30
80 NG-30 NA
Total 34
City Commercial Requirements
The commercial uses envisioned in the Specific Plan Area will be required to provide an additional 34 units
of affordable housing. The commercial inclusionary calculations for the San Luis Ranch Specific Plan are
as follows:
Commercial Inclusionary Requirement Calculation
Use Acreage x 2
Required
Inclusionary
Retail 9.45 2 18.9
Hotel 3.5 2 7
Office 3.7 2 7.4
Total 34
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 3 of 7
The San Luis Ranch project will address housing affordability in several ways, most notably through the
design itself, which includes medium and high-density housing with lot sizes and floor areas that are well
below the typical average for existing single-family detached units in the community.
The City’s Inclusionary Housing Requirement will be addressed through deed restrictions on very low, low
income and moderate-income units to be constructed by San Luis Ranch, and/or provided by dedicating
and donating improved land to a non-profit affordable housing provider. However, should an affordable
housing provider fail to construct the units, the obligation to provide for the 34 deed-restricted affordable
housing units remains with San Luis Ranch to complete. The following highlights are summarized from the
Specific Plan:
• Mix of Residential Densities and Small Lots. There is an intentional mix of residential densities in the
San Luis Ranch project that includes a range of small lot sizes, attached townhomes, and multifamily
dwellings, with an emphasis on higher density units. Floor plans ranging from 220 to 2,200 square feet
in studio, 1 BR/1BA, 2BR/1BA, 2BR/2BA and 3BR/2BA configurations. The average unit size across the
entire project is less than 1,330 square feet.
• NG-10 Zoning. The San Luis Ranch Specific Plan includes 200 small-lot, single family units, which are
intended to meet the needs of young professionals, empty nesters and young families. These smaller
units, ranging in size from 1,300 square feet to 2,150 square feet, have one-or two car garages with
limited guest parking spaces. This parking reduction is justified by the lower expected occupancy for
these smaller units and the multimodal features of the overall development. The four inclusionary
moderate-income units will be provided on in Phase 1 of the project on Lots 53, 64, 174, and 191.
• NG-23 Zoning. The San Luis Ranch Specific Plan includes 100 attached and detached townhome units,
close to services and open spaces. Units will range in size from 1,300 square feet to 2,110 square feet.
Four of these 2- bedroom units will be deed restricted for low-income families. The inclusionary units
will be provided on Lots 261, 267, 283, and 293.
• NG-30 Zoning. Finally, the San Luis Ranch Specific Plan includes 272 studio, one to three-bedroom
multi-family units adjacent to open space and Madonna Road. Like other portions of the project, this
multi-family zone will be directly served by an on-street transit stop and located within easy walking
distance of nearby shopping. 26 of these units will be deed restricted as inclusionary housing for very
low income families. Inclusionary and other multi-family units may be either dedicated to an afforda-
ble housing provider or managed by the San Luis Ranch. Multi-family unit sizes will range from 220
square foot studios to 1,100 square foot units for larger families.
• Neighborhood Commercial. The 19.6-acre Neighborhood Commercial portion of the Specific Plan
area will generate a requirement for 34 additional inclusionary units. Development of this portion of
the project site will be based on market demand. Approximately half of the NC area is currently lo-
cated in ALUP Safety Zone S1-b that precludes residential development; however, the area outside of
the S1-b zone can accommodate the required 34 units. Alternatively, the project may pay an afforda-
ble housing in-lieu fee per the Inclusionary Housing Ordinance and Table 2 of the Housing Element to
satisfy this requirement.
Overall, the project will provide a total of twenty-six (26) very low, four (4) low, and four (4) moderate
Income inclusionary units. The inclusionary housing product mix has been intentionally skewed toward
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 4 of 7
very low-income units to ensure that this income group is adequately represented in the project, and to
recognize that the moderate-income groups have adequate market rate opportunities in the NG-10, NG-
23 and NG-30 neighborhoods. Table 2 shows the distribution of the affordable units, and Exhibit 1 shows
the location of the moderate and low-income units. Distribution of the 26 very low-income units will be
included in NG-30 neighborhood as described below.
Inclusionary Housing Phasing Plan
Neighborhood Distribution
Program NG-10 NG-23 NG-30 Commercial Total
Moderate Income (Sale) 4 4 8
Low Income (Sale) 4 4 8
Very Low Income (Rental) 26 26 52
Units in Phase 4 4 26 34 68 Total - Inclusionary Very Low 52 Total - Inclusionary Low 8
Total - Inclusionary Moder-
ate
8
Total 68
*The Commercial Development and associated Inclusionary Housing Requirement will be determined by the Com-
munity Development Department of the time of submittal of detailed plans for that component of the project. This
requirement will be met either by development of units within the commercial project, off-site construction, or by
payment of affordable housing in-lieu fee, or a combination thereof.
Inclusionary Housing Program Synopsis:
The affordable housing located within the residential portion of the San Luis Ranch Specific Plan Area will
provide 34 units on site for very low, low, and moderate income households. The applicant is committed
to including at least 5% very low income units in the project. Per Section 17.90.040.D of the City's Afford-
able Housing Incentives which follows State law, a developer that agrees to construct 5% of the total units
of a housing development for very low income households qualifies for a 20% density bonus. In this case,
5% of the allowed 500 units under the LUCE requires 25 very low income units. The project is proposing
26 very low income units.
The tables above show the required inclusionary units as well as the proposed density bonus units. Me-
dian and low income units (SFR and Townhomes) are intended to be for sale units. The applicant will retain
the flexibility to either rent or sell the very low income units.
Deed-restricted, affordable units will be located throughout the residential portion of the Specific Plan
Area, as illustrated in the above table.
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 5 of 7
Workforce Housing Plan
The City of San Luis Obispo has a recognized need for workforce housing (121-160 of Area Family Median
Income). The San Luis Ranch Specific Plan aims to help meet the City’s housing needs by providing a highly
desirable new home type to the San Luis Obispo housing market: small lot (1,000 to 3,200 square feet)
single family and multi-family housing types.
A primary goal of the City of San Luis Obispo, realized and implemented through the San Luis Ranch pro-
ject, is to create workforce housing and increase the supply of housing available to local employees. A
special five-point program will be provided to create workforce housing and increase the supply of hous-
ing available to local employees. This program includes 1) 14 deed-restricted workforce housing units for
eligible households earning 121-160% of the Area Median Income. Two of these workforce housing deed-
restricted units will be located in the NG10 Zone on Lots 105 and 121, two will be located in the NG23
Zone on Lots 251 and 257, and ten will located in the NG30 Zone (See Exhibit 1 for unit locations); 2)
providing local priority preferences for individuals who work within the City of San Luis Obispo to purchase
or rent a residence within the Project; 3)) Owner Occupied Restrictions; 4) “Local Heroes” discount for
public safety, hospital workers and teachers; and 5) participation in the City Equity Share program,
These housing programs seeks to target the Project to local employees, reduce the influence of investors
in the limitation of housing choice and availability, and provide for 14 deed-restricted units.
Notwithstanding anything set forth below, all preferences and/or priorities for workforce housing units
will be administered in accordance with, and subject to, all applicable federal, state and local laws and
regulations, including Fair Housing rules.
Subject to applicable law, the elements of the workforce housing programs are as follows:
• Local Preference (“SLO Workers First”). Program 10.4 of the City’s Housing Element encourages resi-
dential developers to “…sell or rent their projects to those residing or employed in the City first before
outside markets.” Further, the City and project applicants recognize that one of the principal reasons
for the designation of additional residential land in the community in the 2014 Land Use and Circula-
tion Element update was to address the current jobs-housing imbalance. One direct and effective
way of achieving this is to provide priority for existing employees to rent or purchase residences within
the Project. To that end, San Luis Ranch will give first preference to rent or purchase a residence
within the Specific Plan area to local employees identified on the interest list. These areas include the
City’s corporate limits and areas outside the City limits such as Cal Poly, California Men’s Colony,
Cuesta College, agricultural lands within the Edna Valley area and business parks on South Broad
Street. Specifically, for purposes of this program, the term “local employees” shall include individuals
who are employed in business that are located in geographic areas that are customarily included in
the City’s annual jobs-housing balance analysis in its General Plan Status Report, including the follow-
ing zip codes: 93401, 93405 and 93407. New employees to businesses in these geographic areas with
bona fide employment offers will be considered “local employees” as well. San Luis Ranch will main-
tain and update the interest list through full build-out of the Project. San Luis Ranch will operate and
administer this program as follows:
a. San Luis Ranch shall maintain the interest list and shall separate and prioritize names of
local employees based on interest in product type.
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 6 of 7
b. When product becomes available, usually 270-360 days prior to certificate of occupancy
(assuming a 180-day construction period), San Luis Ranch shall notify those individuals of
the opportunity to purchase a residence on a lottery basis. Once notified, those individu-
als shall have approximately 60 days to get pre-qualified to purchase the residence and
to provide San Luis Ranch with proof that the individual is a local employee and the time
notice (i.e. paycheck or bona fide offer of employment from a local employer.)
c. If an individual fails to get pre-qualified or fails to provide San Luis Ranch with proof of
local employment within the time periods above, then San Luis Ranch may remove or put
that name at the end of the interest list.
d. San Luis Ranch agrees not to sell any units within the Project to any individual without
first offering the unit to a local employee who is on the interest list for that product type.
Upon exhausting all local employees on the interest list for a product type, San Luis Ranch
agrees to give priority in the sale of such units to individuals employed in the County, and
finally to individuals from outside the county.
Nothing herein shall preclude San Luis Ranch from notifying multiple individuals with the opportunity
to purchase a residence and prioritizing the purchase and sale based on a lottery basis. Nothing herein
shall preclude San Luis Ranch from taking all reasonable actions necessary in order to facilitate the
sale of units within the Project provided such actions are consistent with the “SLO Workers First”
program described herein. San Luis Ranch shall, upon request, update the City on its implementation
of this program and provide City with the interest list and proof of employment for all sales made
under this program.
City and San Luis Ranch acknowledge that this program described above will accomplish three im-
portant objectives: 1) use new housing to address the current imbalance between existing jobs and
housing; 2) ensure that, to the maximum extent practicable, that the increased housing in San Luis
Obispo results in a decline in the current commute traffic; and, 3) reduce competition from outside
buyers in the initial offering and sales.
• Owner-Occupancy Restrictions. San Luis Ranch agrees to include restrictions in the purchase agree-
ment and Covenants Conditions and Restrictions (CC&Rs) for all single family detached units (NG-10)
and (NG-23) (total of 300 dwelling units) requiring these units to be restricted to owner-occupants for
the first five years after sale. In the case of units with Accessory Dwelling Units (ADUs), the Principal
Dwelling or the ADU will need to be occupied by the property owner. The final form of these agree-
ments will be determined at the time of development of the first final map, and will provide for ap-
propriate monitoring and enforcement. Enforcement and monitoring of the owner occupancy re-
quirement on all single-family dwellings will be controlled by the San Luis Ranch Owners’ Association,
or in coordination with a qualified housing non-profit.
• Local Heroes: San Luis Ranch will offer a special program for buyers who are considered “Local He-
roes.” These Local Heroes are Police, Firefighters, Active and Retired Military, Teachers, EMTs, Nurses
and City or County Employees. Qualification for this incentive is verified on the loan application re-
viewed by our Preferred Lender. (This provision is included to ensure consistent review parameters.
Buyers are not obligated to finance home purchase with Preferred Lender.) Military, Active or
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San Luis Ranch March 6, 2018
Affordable & Workforce Housing Plan Page 7 of 7
Veterans submit separate evidence. San Luis Ranch will provide a minimum $1,500 incentive that is
credited to the buyer at closing and can be used at the design center for upgrades and/or closing
costs.
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City of San Luis Obispo, Council Agenda, City Hall, 99 0 Palm Street, San Luis Obispo
Minutes
Planning Commission
Regular Meeting
Wednesday, May 23, 2018
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to order on
Wednesday, May 23, 2018 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San
Luis Obispo, California, by Chair Fowler.
ROLL CALL
Present: Commissioners Robert Jorgensen, John McKenzie, Nicholas Ostebur, Mike
Wulkan and Chair John Fowler.
Absent: Commissioners Hemalata Dandekar and Vice-Chair Charles Stevenson
Staff: Community Development Director Michael Codron, Assistant City Attorney
Jon Ansolabehere, Principal Planner Tyler Corey, Recording Secretary
Summer Aburashed.
Pledge of Allegiance
Chair Fowler led the Pledge of Allegiance.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
Chair Fowler closed the public hearing
1. CONSENT AGENDA – CONSIDERATION OF MINUTES
ACTION: MOTION BY COMMISSIONER WULKAN, SECOND BY COMMISSIONER
OSTEBUR, CARRIED 3-0-2-2 (Commissioners Jorgensen and McKenzie abstained from voting
and Commissioner Dandekar and Vice-Chair Stevenson were absent ) to approve the minutes of
March 28th, 2018, as presented.
MOTION BY COMMISSIONER WULKAN, SECOND BY COMMISSIONER OSTEBUR,
CARRIED 5-0-2 (Commissioner Dandekar and Vice-Chair Stevenson were absent ) to approve
the minutes of March 29th, 2018, as presented.
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Planning Commission Meeting Minutes
05/23/2018
Page 2 of 4
PUBLIC HEARINGS
Item Number 2 was heard after Item Number 4.
2. 1035 Madonna Road. Review of the Draft Supplemental Environmental Impact Report
(SEIR) prepared for the previously-approved San Luis Ranch Development Project during
the 45-day public review period to address the proposed modified development phasing
approach. The meeting is an opportunity to provide an update on the previously-approved
project and for City and consultant staffs to gather information from the public regarding the
analysis and findings of the Draft SEIR. The San Luis Ranch Project includes up to 580
residential units, 150,000 square feet of commercial development, 100,000 square feet of
office development, and a 200-room hotel, with a portion of the site preserved for
agriculture and open space uses. Project #: SPEC/ANNX/ER 1502-2015; Coastal
Community Builders, applicant. (Tyler Corey)
Principal Planner, Tyler Corey, Contract Planner, John Rickenbach, Transportation Manager,
Jake Hudson presented the staff report and responded to Commission inquiries.
Applicant Representatives, Marshall Ochylski and Rachel Kabezi, summarized the project and
responded to Commission inquiries.
Chair Fowler opened the public hearing.
Public Comments
Carolyn Smith
Brian Tietje
Debbie Tietje
Lea Brooks
Theodora Jones
Kevin Howber
Brett Cross
Andrew Hackleman
Chair Fowler closed the public hearing
The following Commission comments were made:
Consider Travel Demand Management Plan; employee schedule out side of peak hour trips
2.4-4, Clarify what the “weave” analysis means in terms of numeric calculation.
2.4-10, Clearly indicate new or revised impacts and mitigation measures from original certified
Final EIR in the Final Supplemental EIR,
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Planning Commission Meeting Minutes
05/23/2018
Page 3 of 4
Ensure infrastructure that is required or needed for each particular development component is
provided and improvements triggered by number of vehicle trips are clearly identified.
Provide Commission with a visual regarding estimated length of temporary impacts identified in
the Draft SEIR.
3. 790 Foothill Blvd. Review of a new four-story mixed-use project with 6,800 square feet of
ground floor commercial/retail space, 78 residential units, and 155 parking spaces with a request
for mechanical parking lifts and to expand hours of operation for the commercial spaces. Twelve
of the units in the project will be affo rdable to very-low income households, which allows for a
35% density bonus. Two affordable housing incentives are being requested including the
construction of a 43-foot tall structure where 35 feet is normally allowed and an increase in
allowable lot coverage from 75% to 90%. The project is both statutorily exempt under Section
15195 and categorically exempt under Class 32, In-Fill Development Projects, Section 15332 of
the CEQA Guidelines. Case #: USE-1187-2017, C-C-SF Zone; LR Real Estate Investment
Group, LLC, applicant (Rachel Cohen)
Continued to a date uncertain.
Public Comments
None
Chair Fowler closed the public hearing
BUSINESS ITEMS
4. Zoning Regulations Update. The Zoning Regulations Update is focused on implementing the
policies and programs of the Land Use and Circulation Elements (LUCE). This will be a
standing item on the Planning Commission agenda from June 14, 2017 through completion of
the Update of the Zoning Regulations, tentatively scheduled for completion in March 2018. This
will be an opportunity for staff to update the Commission on the status of the Zoning Regulations
Update and for the Commission to listen to ongoing public testimony and discuss any such
updates as they come forward. As a standing item, sometimes there will be nothing to report;
other times staff will give a brief update with limited discussion; and at certain points, such as
review of the Land Use Table, Parking Requirements, and the Reformatted Outline, there will be
more substantive discussion on the item. When ma terials are associated with the Update, as with
the White Papers associated with the Update, such information will be made available to the
public and Commission prior to the meeting. (Doug Davidson/Kyle Bell)
Chair Fowler opened the public hearing.
Public Comments
None
Chair Fowler closed the public hearing
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Planning Commission Meeting Minutes
05/23/2018
Page 4 of 4
COMMENT AND DISCUSSION
5. Agenda Forecast – Principal Planner Tyler Corey provided an update of upcoming
projects.
ADJOURNMENT
The meeting was adjourned at 8:03 p.m. The next Regular meeting o f the Planning Commission
is scheduled for Wednesday, June 13, 2018 at 6:00 p.m., in the location, 990 Palm Street, San
Luis Obispo, California.
APPROVED BY THE ADVISORY BODY NAME: 06/13/2018
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City of San Luis Obispo, Council Agenda, City Hall, 990 Palm Street, San Luis Obispo
Minutes - Draft
Planning Commission
Special Meeting
Thursday, June 28, 2018
CALL TO ORDER
A Special Meeting of the San Luis Obispo Planning Commission was called to order on Thursday,
at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by
Vice-Chair Charles Stevenson.
ROLL CALL
Present: Commissioners Hemalata Dandekar, Robert Jorgensen, John McKenzie,
Nicholas Osterbur, and Vice-Chair Charles Stevenson.
Absent: Chair John Fowler
Staff: Community Development Director Michael Codron, Assistant City Attorney
Jon Ansolabehere, Principal Planner Tyler Corey, John Rickenbach,
Contract Planner and City Clerk Teresa Purrington
Pledge of Allegiance
Vice Chair Stevenson led the Pledge of Allegiance.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
None
PUBLIC HEARINGS
1. 1035 Madonna Road. Review of various actions related to the previously-approved San Luis
Ranch project, including a Specific Plan Amendment and associated Final Supplemental
Planning Commission Agenda for June 28, 2018 Page 2 Environmental Impact Report (SEIR).
This meeting is also to consider a Development Agreement to implement the project as
amended based on a previously-approved Term Sheet. Recommendations will be forwarded to
the City Council for their consideration. The San Luis Ranch Project includes up to 580
residential units, 150,000 square feet of commercial development, 100,000 square feet of office
development, and a 200-room hotel, with a portion of the site preserved for agriculture and
open space uses.; Project #: SPEC/ANNX/ER 1502- 2015; Coastal Community Builders,
applicant.
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Planning Commission Meeting Minutes
June 28, 2018
Page 2 of 3
Tyler Corey, Principal Planner, John Rickenbach, Contract Planner, Jake Hudson,
Transportation Manager and Walter Kieser, Economic & Planning Systems, Inc. presented the
staff report and responded to Commission inquiries.
Applicant Representative, Marshall Ochylski and Rachel Kovesdi provided an overview of the
project.
Vice Chair Stevenson opened the public hearing.
PUBLIC COMMENT
Myron Amerine
Eugene Jud
Jenny Anderson
Lea Brooks
Ian Ferguson
Andrew Hackleman
Kevin Hauber
Brett Cross
Audrey Bigelow
Matt Win
Brad Brechwald
Kathy Borland
Anne Wyatt
Terri Adler Gibbs
Vice Chair Stevenson closed the public hearing
RECESS:
The Commission recessed at 8:05 p.m. and reconvened at 8:25 p.m. with all Commissioners
present.
ACTION: MOTIONED BY COMMISSIONER DANDEKAR SECONDED BY
COMMISSIONER JORGENSEN, to adopt a Resolution entitled:
“A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN LUIS
OBISPO RECOMMENDING CERTIFICATION OF THE FINAL SUPPLEMENTAL
EIR FOR, AND APPROVAL OF, AN AMENDMENT TO THE SAN LUIS RANCH
SPECIFIC PLAN AND RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BASED ON THE
FINDINGS IN SUPPORT OF THE DEVELOPMENT AGREEMENT AS REQUIRED
UNDER MUNICIPAL CODE CHAPTER 17.94.100 FOR PROPERTY LOCATED AT
1035 MADONNA ROAD (SPEC/ANNX/ER-1502-2015 A.K.A. “SAN LUIS RANCH”)
And a recommendation that staff continue to engage with the developer to negotiate provisions
of the City’s Urban Water Management Plan relative to drought management.
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Planning Commission Meeting Minutes
June 28, 2018
Page 3 of 3
Motion passed 6-0-1 on the following roll call vote:
AYES: Commissioners Hemalata Dandekar, Robert Jorgensen, John McKenzie, Nicholas
Osterbur, and Vice-Chair Charles Stevenson
NOES: None
ABSENT: Chair John Fowler
ADJOURNMENT
The meeting was adjourned at 9:26 p.m. The next Regular meeting of the Planning Commission
is scheduled for Wednesday, July 11, 2018 at 6:00 p.m., in the Council Chambers, 990 Palm Street,
San Luis Obispo, California.
APPROVED BY THE ADVISORY BODY NAME: XX/XX/2017
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San Luis Ranch Specific Plan Amendment Overview
This document summarizes the proposed San Luis Ranch Specific Plan Amendment. Following this
introductory text, the pages that follow include those pages from the Specific Plan that are amended from
the adopted version. Table 1 at the end of this introduction summarizes the differences. Following that,
the original pages from the adopted plan are included so the reader can compare the two documents. All
other pages from the previously adopted Specific Plan remain unchanged as a result of this action.
The development potential under the San Luis Ranch Specific Plan would remain unchanged from what
was approved in July 2017. However, development of each of the project phases could now overlap, be
out of sequence, or be concurrent, depending on market conditions and to adjust to project conditions
and/or mitigation measures to implement the adjusted phasing plan. The pace of residential and
commercial development would still be subject to limitations set forth in the Specific Plan and
Development Agreement for the project, and subject to the City’s Growth Management regulations. The
applicant’s requirement to pay its fair share contribution to the Prado Road Interchange project will
remain in effect, with construction currently scheduled to begin in 2021.
In addition, the revised project includes an amendment to the Specific Plan to permit the Community
Development Director to authorize the developer, in any given year, to construct 50% more of the units
allocated to the project in the following year if the Director determines that doing so is necessary to
facilitate construction of beneficial public facilities and infrastructure. The purpose of this authorization
is to realize the public benefits associated with the project, mitigate known potential impacts resulting
from the project, and implement development requirements, including infrastructure requirements,
which the City has found to be consistent with the requirements of the City’s Growth Management
Ordinance. Under no circumstances though can the number of units constructed exceed the City’s Growth
Management Ordinance.
The portions of the approved Specific Plan that relate to phasing and the timing of development and
related improvements have been modified to reflect the changes described above.
The substantive changes are primarily in Chapter 7, where Section 7.7 through the end of that Chapter
have been updated to reflect the phasing flexibility discussed in the Supplemental EIR (SEIR).
These changes include: (i) adding phasing flexibility language as well as the Growth Management
language to Section 7.7.1 Build Out, (ii) changing the triggers in Table 7-9 San Luis Ranch Performance
Triggers to uses rather than phases, (iii) changing the dates in Table 7-10 San Luis Ranch Residential Build-
Out and Table 7-11 San Luis Ranch Non-Residential Build-Out from specific years to proposed build out
years, (iv) correcting a typographical error in Table 7.10 by flipping the proposed number of Dwelling Units
to be constructed in years 1 and 2, (v) deleting the remainder of Chapter 7 because those items are now
included in the Development Agreement, and (vi) updating Appendix B Mitigation Measures to Address
Class I Impacts to include the Mitigation Measures included in the Final SEIR. Note that changes to
Appendix B will be made after the certification of the Final SEIR, in the event that either the Planning
Commission or City Council choose to modify the language included in those mitigation measures.
There were also additional changes made in the remainder of the Specific Plan to delete any references
to specific phases or years, in order to make the document internally consistent.
Table 1 provides additional detail regarding these changes, with comparative references to the adopted
document to show how it will be amended. Amended pages from the adopted Specific Plan are included
following this introductory overview.
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Table 1. Summary of Specific Plan Amendment
Item Adopted Specific Plan (July 18, 2017) Specific Plan Amendment (June 28, 2018)
1 Page 4-4. Section 4.2. Agriculture. Page 4-4. There
are several references to project phasing.
Page 4-4. Section 4.2. Agriculture. Page 4-4. Modified to
eliminate references to phasing.
2 Page 6-10. Section 6.5. Neighborhood Traffic
Management Program. There is a reference to
“Phase 1” of development.
Page 6-10. Section 6.5. Neighborhood Traffic
Management Program. Reference modified to “during the
beginning of project construction.”
3 Page 6-16. Section 6.7.2.A. Prado Road Connection.
Page 6-16. Includes the following sentence: “Phased
construction of full interchange is required per T-1(c)
and T-8 (d-f).”
Page 6-15. Section 6.7.2.A. Prado Road Connection. Page
6-15. This sentence is deleted.
4 Pages 7-20 and 7-21. Section 7.6. Performance
Triggers. Includes multiple references to phasing,
and that the timing of certain roadway
improvements is tied to particular project phases.
Also includes Table 7-9, San Luis Ranch Build-Out
Phasing Plan, which summarizes these triggers by
phase. There is also Table 7-7, which is a phasing
map showing Phases 1-6.
Pages 7-20 and 7-21. Section 7.6. Performance Triggers.
Section fundamentally re-written to eliminate references
to phasing, and instead connect certain infrastructure
needs to particular development components, regardless
of the order they are developed. Table 7-9, San Luis
Ranch Build-Out Phasing Plan, which focused on
roadways, is eliminated, and replaced with a new Table 7-
9, San Luis Ranch Performance Triggers, which covers a
variety of infrastructure. Figure 7-7 is eliminated, since
there are no longer Phases 1-6. New Section 7.6.1,
Construction of Improvements, is added, summarizing
that the timing of improvements is included in the
Development Agreement for the project.
5 Page 7-22. Section 7.7. Phasing Strategy. Includes
Table 7-10, Phasing Strategy, which shows
infrastructure improvements by phase.
This section is eliminated, and Table 7-10 is modified and
included as Table 7-9, San Luis Ranch Performance
Triggers.
6 Pages 7-23 to 7-25. Section 7.8. Financing Strategy.
Includes Table 7-11 through 7-15 and supporting text
that detail financing strategies by phase, including
funding mechanisms. Tables 7-11 and 7-12 show
residential and non-residential phasing by calendar
year, starting in 2018.
Page 7-21. Section 7.7. Financing Strategy. This section is
fundamentally re-written and greatly streamlined,
eliminating references to phasing, and allowing more
flexibility with regard to the order or development and
how much could occur per year within the confines of the
City’s Growth Management Ordinance. Tables 7-10 and
7-11 (formerly 7-11 and 7-12) now show residential and
non-residential development in the context of sequential
years, rather than a calendar start date of 2018. Section
7.7.2, Funding Mechanisms, refer to the Public Facilities
Financing Plan in the Development Agreement, rather
than a series of hypothetical mechanisms as was included
in the adopted Specific Plan. Tables 7-13 and 7-14 from
the adopted Specific Plan, which showed improvement
cost estimates, are eliminated, since this information is
more accurately captured in fee structures within the
Development Agreement.
7 Page 7-26. Section 7.9, Financing Implementation
and Administration. Includes references to various
funding mechanisms, including a PFFP, CFD, and
EIFD, as well as descriptions of impact fees, and how
these programs could be administered.
This section is eliminated in the Specific Plan Amendment,
since the Development Agreement includes all funding
and financing mechanisms necessary to implement the
project, including direction on how such mechanisms are
administered.
8 Appendix B. Includes all mitigation measures that
apply to the Specific Plan, based on the certified Final
EIR.
Appendix B. Updates this list of mitigation measures to
reflect those in the Final SEIR, some of which are new, and
others of which have been modified from the certified
Final EIR. Appendix B is not included at this time, but will
be updated following certification of the Final SEIR.
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Specific Plan Amendment
Pages that Changed as a result of the SPA
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4-4 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | July 18, 2017 Adopted | August **, 2018 Revised
4.2 Agriculture
Dating back to the turn of the 20th century, the Dalidio
Ranch included a collection of structures: the Dalidio
home, Laguna Racetrack viewing stand, barn, water tower,
and other buildings supporting the farming of the ranch.
Some buildings within the complex, most notably the
Dalidio home and the Laguna Racetrack viewing stand,
may be considered historically significant based on State
and local criteria and guidelines, and “Historic evaluation
of the existing farm house and associated structures shall
be included” as required by the General Plan’s Land Use
Element (Section 8.3 p. 105).
Three potentially historically significant buildings in
the area, the Dalidio Home, the White Barn, and the
Laguna Race Track Viewing Stand will be relocated to
the Agricultural Heritage and Learning Center area for
permanent preservation. All will be subject to historic
documentation by a qualified historian prior to relocating,
including being photographed and recorded consistent
with professional historical standards, and a qualified
historic preservation architect will be consulted during
relocation planning to ensure that significant historic
materials and fabric are retained and reconstructed
appropriately. Materials from outbuildings will be reused
and incorporated as feasible onto other structures within
the agricultural heritage center. The associated structures
in the area will also similarly be photographed and
recorded before they are moved from or repurposed on
the site.
The Agricultural Heritage Facilities and Learning Center
will be a destination for residents and tourists alike and
will provide the community with local food, education,
and a connection to agriculture. The Agricultural Heritage
Facilities and Learning Center will include the following:
Heritage
Preservation of Historic Structures
Iconic Barn Feature
Historic Architectural Ambiance
Bucolic Vistas of Agriculture and Barn Setting
Amenities
Agricultural Heritage Facilities and Learning Center
Market/Farm Stands
Community Garden
Hay Rides
Pumpkin Patch
Agricultural Processing Center
Farm Animals
Fresh Produce Baskets
Locally Made Goods/Products
Agricultural Events
Seasonal and Special Events
Hoedowns with live music
Learning Activities
Community Gatherings
The Agricultural Heritage Center will include the historic
Dalidio home, along with the Racetrack Viewing Stand
Barn and Main (White) Barn, arranged on the site with
their original solar orientation and relative proximity to
one another. This recreated setting will allow residents
and visitors to experience the working farm as it operated
in decades past.
The three existing historically significant structures will
continue to be secured in their current area of the site.
These three structures will be relocated (repositioned)
to the Agricultural Heritage Learning Center on the site,
under the supervision of the project historic preservation
architect, once grading and infrastructure improvements
are completed on the Agricultural Heritage Learning
Center parcel. All three structures will be restored and
repurposed and will be operational at the time of approval
of occupancy of the final residential detached units.
In addition to the agricultural and seasonal events, the
barn at San Luis Ranch will be available to host private
events including, hoe downs, family reunions, business
gatherings, and other community gatherings. The
Agricultural Heritage Facilities and Learning Center will
be closed on Thursdays to avoid competition with the
Downtown farmer’s market and will work with the Saturday
farmer’s market on cross promotional opportunities.
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6-10 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | July 18, 2017 Adopted | August **, 2018 Revised
6.5 Neighborhood Traffic
Management Program
A Neighborhood Traffic Management (NTM) program
addresses methods of enhancing pedestrian flows,
slowing vehicular speeds, reducing traffic volumes, and
ensuring an efficient transportation network. The City of
San Luis Obispo is currently undertaking a series of NTM
programs to address observed traffic issues throughout
the City. The San Luis Ranch NTM strategies incorporate
elements of these plans. Moreover, because of less retail
development proposed in San Luis Ranch, San Luis Ranch
will generate less traffic volume than would be realized
under existing entitlements.
Pedestrian crosswalks and streetscape amenities are a
key component to enhancing pedestrian safety through
NTM.
The intent for pedestrian facilities in the San Luis
Ranch Specific Plan is outlined in Section 6.4. Other key
components of NTM are the slowing of traffic speeds and
reduction of traffic volumes. Traffic calming measures
undertaken in the San Luis Ranch Specific Plan Area are to
be considered where traffic volumes and speeds exceed
maximum levels, as established in Policy 8.1.3 of the City’s
Circulation Element. Froom Ranch Way and the completion
of its connecting bridge to the driveway of Dick’s Sporting
Goods during the beginning of project construction will
alleviate some traffic concerns of the proposed street
pattern. However, it may be of specific concern in regards
to the existing street pattern, as it could serve San Luis
Ranch neighborhood residents in addition to Prado Road
connection traffic. San Luis Ranch Specific Plan Area traffic
demand management measures shall be coordinated
with the City of San Luis Obispo Public Works Department.
A range of traffic control strategies for San Luis Ranch
Specific Plan residential streets are identified below.
Traffic Control Strategies in San Luis Ranch
Narrow Drive Lanes: Reducing the width of streets can be an effective strategy for reducing traffic speeds in a
neighborhood environment. Residential road typologies with a road width of less than 20’ have been shown to have
substantial fewer collisions and slower traffic.
Speed & Warning Signs: A comprehensive speed and warning signage program works to calm traffic and slow
speeds. This can raise driver awareness of surroundings, provide a tool to meter and calm traffic (as in the case of
crossing beacons, Rapid Rectangular Flashing Beacons, and digital speed feedback devices), and serve as a directional
tool.
Turn Restriction Signs: Signage that limits turning movements allows for directional control of traffic and
neighborhood diversion. This can help alleviate neighborhood congestion and direct heavier volumes to local
collectors and arterials, thereby liming neighborhood cut-through traffic.
Roundabouts: Roundabouts can serve as a traffic-calming feature in areas that have a need for traffic calming but do
not require formal stop control. Roundabouts slow traffic speeds and provide an opportunity for plantings, seating,
and play-based activities.
Speed Humps: Speed humps or tabletops serve as tools to reduce traffic speeds and increase safety in the
neighborhood environment. They decrease speed at critical junctions or crossings and allow for pedestrians to be at
eye level with auto traffic. They should be used strategically to maximize benefit.
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | July 18, 2017 Adopted | August **, 2018 Revised 6-15
Figure 6.19 Example 20-foot Alley
6.6.4 Alleys
Alleys provide rear access to some of the smaller lots in San Luis Ranch. Figure 6.19 shows potential configurations of 15
and 20 foot wide alleys.
6.7 Summary of Supportive
Interface with Adjacent Streets and
Paths
The street network within the San Luis Ranch Specific
Plan Area provides access to nearby neighborhoods and
commercial centers through connections with adjacent
streets and paths.
Chapter 4.12 of the project EIR lists many of the required
traffic improvements that aim to maintain adequate levels
of service within and outside of the project boundaries.
Several of the required improvements are listed in
this Section. For a full description of traffic mitigation
measures, see Appendix B.
6.7.1 Bicycle Pedestrian Pathway
Connections
The San Luis Ranch Specific Plan will provide a key
connection of the Bob Jones Bicycle Trail. By implementing
a key link of the Bob Jones Trail, the San Luis Ranch
Specific Plan contributes to the regional effort to connect
downtown San Luis Obispo to Avila Beach. The Specific
Plan Area also contains interior bicycle trails and lanes
including a Class II lane that connects to the future Class I
Bike Lanes along the Prado Road overcrossing, and Class
I Bike Lanes on Froom Ranch Way and through the active
linear park. These facilities are consistent with the goals
and objectives outlined in San Luis Obispo’s 2013 Bicycle
Transportation Plan and increase connections for the
City’s existing bicycle transportation network. See section
6.2.1 for additional details on San Luis Ranch bicycle
and pedestrian pathway connections to the surrounding
circulation network.
6.7.2 Integration with Existing Street
Network
The San Luis Ranch Specific Plan Area looks to
accommodate traffic generated by future residents and
businesses, while simultaneously enhancing the City’s
existing street network and area mobility.
All farm access will be via Calle Joaquin and will be in
conformance with the Calle Joaquin Agricultural Plan.
6.7.2 A Prado Road Connection
The construction of an overcrossing from the San Luis
Ranch site across U.S. Highway 101 via an overpass will
connect to the existing section of Prado Road on the east
side of the freeway. This overpass will serve the expanded
commercial and residential development of San Luis Ranch
and will provide an additional east-west connection in San
Luis Obispo that would reduce congestion at the Los Osos
Valley Road and Madonna Road interchanges and route
traffic to and from the Airport Area via the Prado Road
connection. The overpass will also have a Class I Bike
Lane. This improvement would be constructed as a future
project independent of development under the Specific
Plan, and development under the Specific Plan would pay
a fair share contribution to the future construction.
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7-20 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | July 18, 2017 Adopted | August **, 2018 Revised
7.6 Performance Triggers
In addition to the utility infrastructure discussed in
Section 7.2, various other roadway improvements are
necessitated to support San Luis Ranch Specific Plan
Area build-out and implement the City’s General Plan.
The transportation improvements will be constructed to
match the development sequencing and accommodate
the forecasted traffic volumes. Many of the transportation
impacts to local roads are mitigated through the
construction of the Prado Road / US Hwy 101 overcrossing
and interchange.
See Chapter 6 for more information on the circulation
system and street cross sections.
Table 7-9 San Luis Ranch Performance Triggers
Use Circulation Water Wastewater Storm Drain Recycled Water
NG-10
Construct Dalidio
from Madonna to
Froom Ranch and
Froom Ranch to
Prefumo Creek
bridge
Timing of Bridge
TBD
Construct SLO
Ranch Way to Froom
Construct 12” line
from corner of
Dalidio/Froom to
connection in west
of Prefumo creek.
Install 10” from
Madonna to Froom.
Install 8” lines within
SFD(NG-10)
Install 8” lines in
SLO Ranch Rd.,
Froom from SLO
Ranch to 24” line
and 8” lines within
residential area
Install underground
detention in
commercial area.
Install underground
retention area in
neighborhood park
and pocket park
near Froom Ranch
bridge
Install vegetated
retention areas
Channel & creek
widening full length
of channel, and
from confluence of
channel to Froom
bridge
Install 6” line in
SLO Ranch Rd.
from Madonna to
Froom
NG-23
Construct Dalidio
from Madonna to
Froom Ranch and
Froom Ranch to
Prefumo Creek
bridge
Funding Mechanism
for Prado Road
Overpass/
Interchange
SLO Ranch Way to
Froom
Connect to 10” line
in SLO Ranch Rd.
Loop 8”lines within
30x80 lots (NG-23)
Install 8” lines
internally
connecting from
SLO Ranch Rd.
NG-30
Madonna
Improvements/
Internal roads
Connect to 10” line
in SLO Ranch Rd.
or connect to 12”
line in Froom for AG
Heritage Center
Connect to 8” line in
SLO Ranch Rd.
On-site surface
retention or
underground
detention, as
needed
Vegetated bioswales
(pervious pavers,
grass crete parking,
etc)
Connect to 6” line
in SLO Ranch Rd.
for Multi-family
Hotel Internal only Connect to 12” line
in Froom
Connect 8” line
in Froom Rd./
SLO Ranch Rd.
to Dalidio/Froom
intersection
Underground
stormwater
detention and
vegetated bioswales
as needed
Install 6” line
from SLO Ranch
Rd. / Froom to
Froom/Dalidio
intersection
Office
Obtain access
easement from
Madonna Shopping
center owner
Connect to 12” line
in Froom
Retail
Dalidio/Prado
extension/overpass
timing TBD
Connect from
Harvest Street
to existing line in
Dalidio Drive
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | July 18, 2017 Adopted | August **, 2018 Revised 7-21
7.6.1 Construction of Improvements
The Development Agreement requires Subdividers to
construct certain improvements in addition to those
“in-tract” improvements required pursuant to the
subdivision map(s). Subdivider shall construct and convey
to City identified infrastructure and community facilities
concurrently with development of the discrete uses of the
Project to be served by each infrastructure element or
community facility.
7.7 Financing Strategy – Required
Facilities
The San Luis Ranch Development Agreement provides
a Public Facilities Financing Plan (PFFP), and outlines a
funding strategy to enact the PFFP. The PFFP will outline
construction and maintenance costs for required facilities
and services that would be impacted by the project. The
PFFP also presents strategies for bond and other public
financing options.
7.7.1 Build-Out
Tables 7-10 and 7-11 outline a conceptual residential
and commercial build out scenario by year, respectively,
in terms of dwelling units, square footage, and acreages.
These conceptual plans are intended to provide short
and long-term goals over a multi-year period; however,
the actual development of the project could overlap, be
out of sequence, or be concurrent, depending on market
conditions (i.e., development identified to occur in a
particular year could be advanced to occur in an earlier year
or development that does not occur in any given year(s) may
be carried over into a later year(s)). Such development has
been determined to be consistent with the City’s General
Plan and Growth Management Ordinance and represents
the maximum total development contemplated under the
Specific Plan at full buildout; though, actual buildout may
occur at a lower level, depending on market conditions.
The Community Development Director may authorize the
developer, in any given year, to also allow the construction
of up to 50% of the units allocated to the project in the
following year if the Director determines that doing so is
necessary to facilitate construction of beneficial public
facilities and infrastructure. The purpose of this authorization
is to realize the public benefits associated with the project,
mitigate known potential impacts resulting from the project,
and implement development requirements, including
infrastructure requirements, which the City has found to be
consistent with, and not a waiver of, the requirements of
the City’s Growth Management Ordinance.
7.7.2 Funding Mechanisms
The Development Agreement includes a Public Facilities
Financing Plan (PFFP) and lays out the funding mechanisms
to implement the Financing Plan.
The PFFP outlined in the Development Agreement may be
amended separately, without amending the Specific Plan.
Year Dwelling Units Acres
1 196 8.0
2 86 15
3 175 15
4 123 4.0
Total 580 42
Table 7-10 San Luis Ranch Residential Build-Out
Year
Commercial Office Hotel + Conference Center
Square Feet Acres Square Feet Acres Rooms Acres
1 50,000 4.00
2 50,000 4.00 25,000 1.05 200 3.50
3 50,000 4.00 25,000 1.05
4 25,000 1.05
5
6 25,000 1.05
7
Total 150,000 12.00 100,000 4.20 200 3.50
Table 7-11 San Luis Ranch Non-Residential Build-Out
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Originally Adopted Specific Plan – July 2017
Original Pages to be Changed through the SPA
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4-4 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
4.2 Agriculture
Dating back to the turn of the 20th century, the Dalidio
Ranch included a collection of structures: the Dalidio
home, Laguna Racetrack viewing stand, barn, water tower,
and other buildings supporting the farming of the ranch.
Some buildings within the complex, most notably the
Dalidio home and the Laguna Racetrack viewing stand,
may be considered historically significant based on State
and local criteria and guidelines, and “Historic evaluation
of the existing farm house and associated structures shall
be included” as required by the General Plan’s Land Use
Element (Section 8.3 p. 105).
Three potentially historically significant buildings in the
area, the Dalidio Home and the Laguna Race Track Viewing
Stand, will be relocated to the Agricultural Heritage
and Learning Center area for permanent preservation.
Both will be subject to historic documentation by a
qualified historian prior to relocating, including being
photographed and recorded consistent with professional
historical standards, and a qualified historic preservation
architect will be consulted during relocation planning to
ensure that significant historic materials and fabric are
retained and reconstructed appropriately. Materials from
the barn will be reused and incorporated as feasible onto
other structures within the agricultural heritage center.
The associated structures in the area will also similarly be
photographed and recorded before they are moved from
or repurposed on the site.
The Agricultural Heritage Facilities and Learning Center
will be a destination for residents and tourists alike and
will provide the community with local food, education,
and a connection to agriculture. The Agricultural Heritage
Facilities and Learning Center may include the following:
Heritage
Preservation of Historic Structures
Iconic Barn Feature
Historic Architectural Ambiance
Bucolic Vistas of Agriculture and Barn Setting
Amenities
Agricultural Heritage Facilities and Learning Center
Market/Farm Stands
Community Garden
Hay Rides
Pumpkin Patch
Agricultural Processing Center
Farm Animals
Fresh Produce Baskets
Locally Made Goods/Products
Agricultural Events
Seasonal and Special Events
Hoedowns with live music
Learning Activities
Community Gatherings
The Agricultural Heritage Center will include the historic
Dalidio home, along with the Viewing Stand Bar and
Main Bar, arranged on the site with their original solar
orientation and relative proximity to one another. This
recreated setting will allow visitors to experience the
working farm as it operated in decades past.
The three existing historically significant structures
will be secured in their current location during Phase I
construction. These three structures will be relocated
(repositioned) to the Agricultural Heritage Learning Center
on the site, under the supervision of the project historic
preservation architect, restored and repurposed during
Phase II construction. All components of the Agricultural
Heritage Learning Center will be operational at the time of
Phase II residential occupancy.
In addition to the agricultural and seasonal events, the
barn at San Luis Ranch will be available to host private
events including, hoe downs, family reunions, business
gatherings, and other community gatherings. The
Agricultural Heritage Facilities and Learning Center will
be closed on Thursdays to avoid competition with the
Downtown farmer’s market and will work with the Saturday
farmer’s market on cross promotional opportunities.
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6-10 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
6.5 Neighborhood Traffic
Management Program
A Neighborhood Traffic Management (NTM) program
addresses methods of enhancing pedestrian flows,
slowing vehicular speeds, reducing traffic volumes, and
ensuring an efficient transportation network. The City of
San Luis Obispo is currently undertaking a series of NTM
programs to address observed traffic issues throughout
the City. The San Luis Ranch NTM strategies incorporate
elements of these plans. Moreover, because of less retail
development proposed in San Luis Ranch, San Luis Ranch
will generate less traffic volume than would be realized
under existing entitlements.
Pedestrian crosswalks and streetscape amenities are a
key component to enhancing pedestrian safety through
NTM.
The intent for pedestrian facilities in the San Luis
Ranch Specific Plan is outlined in Section 6.4. Other key
components of NTM are the slowing of traffic speeds and
reduction of traffic volumes. Traffic calming measures
undertaken in the San Luis Ranch Specific Plan Area are to
be considered where traffic volumes and speeds exceed
maximum levels, as established in Policy 8.1.3 of the City’s
Circulation Element. Froom Ranch Way and the completion
of its connecting bridge to the driveway of Dick’s Sporting
Goods during Phase 1 will alleviate some traffic concerns
of the proposed street pattern. However, it may be of
specific concern in regards to the existing street pattern,
as it could serve San Luis Ranch neighborhood residents
in addition to Prado Road connection traffic. San Luis
Ranch Specific Plan Area traffic demand management
measures shall be coordinated with the City of San Luis
Obispo Public Works Department. A range of traffic control
strategies for San Luis Ranch Specific Plan residential
streets are identified below.
Traffic Control Strategies in San Luis Ranch
Narrow Drive Lanes: Reducing the width of streets can be an effective strategy for reducing traffic speeds in a
neighborhood environment. Residential road typologies with a road width of less than 20’ have been shown to have
substantial fewer collisions and slower traffic.
Speed & Warning Signs: A comprehensive speed and warning signage program works to calm traffic and slow speeds.
This can raise driver awareness of surroundings, provide a tool to meter and calm traffic (as in the case of crossing
beacons, Rapid Rectangular Flashing Beacons, and digital speed feedback devices), and serve as a directional tool.
Turn Restriction Signs: Signage that limits turning movements allows for directional control of traffic and neighborhood
diversion. This can help alleviate neighborhood congestion and direct heavier volumes to local collectors and arterials,
thereby liming neighborhood cut-through traffic.
Roundabouts: Roundabouts can serve as a traffic-calming feature in areas that have a need for traffic calming but do
not require formal stop control. Roundabouts slow traffic speeds and provide an opportunity for plantings, seating, and
play-based activities.
Speed Humps: Speed humps or tabletops serve as tools to reduce traffic speeds and increase safety in the neighborhood
environment. They decrease speed at critical junctions or crossings and allow for pedestrians to be at eye level with auto
traffic. They should be used strategically to maximize benefit.
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6-16 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
6.7.2 A Prado Road Connection
The construction of an overcrossing from the San Luis
Ranch site across U.S. Highway 101 via an overpass will
connect to the existing section of Prado Road on the east
side of the freeway. Phased construction of full interchange
is required per T-1(c) and T-8 (d-f). This overpass will serve
the expanded commercial and residential development
of San Luis Ranch and will provide an additional east-
west connection in San Luis Obispo that would reduce
congestion at the Los Osos Valley Road and Madonna
Road interchanges and route traffic to and from the
Airport Area via the Prado Road connection. The overpass
will also have a Class I Bike Lane. This improvement would
be constructed as a future project after the Specific Plan
is developed, and the Specific Plan would pay a fair share
contribution to the future construction.
6.7.2 B Froom Ranch Way
The San Luis Ranch Specific Plan will also provide a
connection to Froom Ranch Way to enable access from
Los Osos Valley Road to San Luis Ranch and Prado Road.
The Froom Ranch Way connection will meet regional traffic
needs by providing a connection between commercial
centers while not bifurcating on-site or neighborhood
agricultural lands. It is planned as a two-lane collection
with turn lanes, a median, sidewalk, parkways, and a Class
I bicycle path.
The Froom Ranch Way bridge includes a new 2-lane
bridge over Prefumo Creek to connect the Froom Ranch
Way extension on the San Luis Ranch site to the existing
roadway section located south of the creek. This bridge
will provide a connection between the Specific Plan and
Los Osos Valley Road.
6.7.2 C Dalidio Road Improvements
The existing segment of Dalidio Drive south of Madonna
Road includes two northbound lanes and two southbound
lanes until the first access driveway that serves the Central
Coast Plaza Shopping Center, at which point the road
narrows to two lanes in accordance with traffic mitigation
measures from the EIR. Dalidio Drive will require widening
to its planned 4-lane arterial width from this point
easterly through the Specific Plan Area. Additionally, the
intersection at Madonna Road and Dalidio Drive will be
expanded to accommodate the added traffic, as required
by the City.
6.7.2 D Madonna Road Improvements
The existing segment of Madonna Road adjacent to the
Specific Plan contains two eastbound and two westbound
lanes. A right-in and right-out connection with acceleration
and deceleration lanes will be provided on this section of
Madonna Road to serve the residential units. This segment
will require widening to match the segments east and west
of the Specific Plan and provide curb, gutter and sidewalk
along the project’s frontage.
6.7.2 E Traffic Signal Improvements
The additional traffic will require modifications to the
Dalidio/Madonna Road intersection to implement dual
westbound left turns.
6.7.2 F Emergency Access Easement
The San Luis Ranch Specific Plan Area development will
also include an offer of dedication for a 20’ Emergency
Access Easement between Froom Ranch Way and Calle
Joaquin, and shall not bifurcate on-site or neighboring
agricultural lands.
6.7.2 G Roundabouts
San Luis Ranch may, as appropriate, explore the use of
roundabouts when connecting to the existing and planned
City roadway network. Specifically, a multilane roundabout
will be added on Dalidio Drive when appropriate.
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7-20 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
7.6 Performance Triggers
In addition to the utility infrastructure discussed in
Section 7.2, various other roadway improvements are
necessitated to support San Luis Ranch Specific Plan
Area build-out and implement the City’s General Plan.
The transportation improvements will be constructed in
a phased manner to match the development sequencing
and accommodate the forecasted traffic volumes. Many
of the transportation impacts to local roads are mitigated
through the construction of the Prado Road / US Hwy 101
overcrossing and interchange.
Table 7-9 lists the anticipated development phases or
triggers and the major transportation infrastructure
improvements associated with each phase. Although
bicycle and pedestrian facilities are not listed, those are
included with each phase of development. See Figure 7.7
for an illustration of the phases.
See Chapter 6 for more information on the circulation
system and street cross sections.
Froom Ranch Way Connection and Bridge: The Froom
Ranch Way extension includes a new 2-lane bridge over
Prefumo Creek and 2-lane collector road with Class I Bike
Lane connecting the existing roadway section on the south
side of Prefumo Creek and extending to the Prado Road
connection on the north. This improvement will provide a
vital connection between the Specific Plan area and Los
Osos Valley Road The bridge and roadway link is required
in the first residential phases of the project. See mitigation
measure T-5 Froom Ranch Way Bridge Phasing.
Madonna Road Improvements: The existing segment
of Madonna Road adjacent to the Specific Plan contains
two eastbound and two westbound lanes. A right-in and
right-out connection with acceleration and deceleration
lanes and a left-in will be provided in Phase 3 on this
section of Madonna Road to serve the high density
residential units. This segment will require widening to
match the segments east and west of the Specific Plan
and provide bike lanes, curb, gutter and sidewalk along
the project’s frontage. Installation and extension of turn
pockets at Dalidio Drive will occur in the first phase.
Dalidio Road Improvements: The existing segment
of Dalidio Drive south of Madonna Road includes two
northbound lanes and two southbound lanes until the
first access driveway that serves the Central Coast Plaza
Shopping Center, at which point the road narrows
to two lanes (one in each direction). Dalidio Drive will
require widening to its planned 4-lane arterial width
from this point through the Specific Plan Area. This
improvement would be required in the first phase of
residential development.
T-4(a). Construction Traffic Management Plan. Prior to
construction, a traffic management plan shall be prepared
for review and approval by the City of San Luis Obispo
Public Works Department. The traffic management plan
shall be based on the type of roadway traffic conditions,
duration of construction, physical constraints, nearness
of the work zone to traffic and other facilities (bicycle,
pedestrian, driveway access, etc.)
Table 7-9 San Luis Ranch Build-Out Phasing Plan
Phase/Trigger Improvement
Phase 1 – Residential (large lot)
Dalidio Drive widening, Froom Ranch Way Extension
and Bridge, Froom Ranch Way / Dalidio Drive Signal or
Roundabout, Madonna Road / Dalidio Drive intersection
improvements
Phase 2–Residential (small lot)Funding mechanism established for Prado Road
Overpass and reconfigured North Bound Ramps
Phase 3 – High Density Residential and Agricultural Heritage
Center Madonna Road Widening and Frontage Improvements
Phase 4 – Commercial (Hotel)Froom Ranch Road / Dalidio Drive Traffic Signal or
Roundabout Improvements
Phases 5 and 6 – Commercial (Office and Retail)Transit Hub at Retail Center
After Specific Plan Build-Out Prado Road –Install Southbound Ramps to US 101
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft 7-21
Prado Road/U.S. Highway 101 Overpass/Interchange:
This improvement would extend Prado Road as a 4-lane
arterial with a Class I Bike Lane from the San Luis Ranch
site across U.S. Highway 101 via an overpass and
connect to the existing section of Prado Road on the
east side of the freeway. The existing northbound ramps
would be reconfigured as part of the overpass. For this
improvement, an approved funding plan will be in place
prior to occupancy of Phase 2 units. A southbound ramp
will be constructed after buildout of the Specific Plan, at
a time deemed necessary by the City. The Specific Plan
would pay a fair share contribution to this regional
improvement.
Figure 7.7 Phase/Trigger for Infrastructure Improvements
PHASE 2 (FUNDING MECHANISM ONLY)
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7-22 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
7.7 Phasing Strategy
Phase Circulation Water Wastewater Storm Drain Recycled Water
1
Contruct Dalidio
from Madonna to
Froom Ranch and
Froom Ranch to
Prefumo Creek
bridge
Timing of Bridge
TBD
Construct SLO
Ranch Way to Froom
Construct 12” line
from corner of
Dalidio/Froom to
connection in west
of performo creek.
Install 10” from
Madonna to Froom.
Install 8” lines within
SFD(NG-10)
Install 8” lines in
SLO Ranch Road,
Froom from SLO
Ranch to 24” line
and 8” lines within
residential area
Install underground
detention in
commercial area.
Install underground
retention area in
neighborhood park
and pocket park
near Froom Ranch
bridge
Install vegetated
retention areas
Channel & creek
widening full length
of channel, and
from confluence of
channel to Froom
bridge
Install 6” line in
SLO Ranch Rd from
Madonna to Froom
2
Contruct Dalidio
from Madonna to
Froom Ranch and
Froom Ranch to
Prefumo Creek
bridge
Funding Mechanism
for Prado Road
Overpass/
Interchange
SLO Ranch Way to
Froom
Connect to 10” line
in SLO Ranch Rd.
Loop 8”lines within
30x80 lots (NG-23)
Install 8” lines
internally
connecting from
SLO Ranch Road
3
Madonna
Improvements/
Internal roads
Connect to 10” line
in SLO Ranch Rd.
or connect to 12”
line in Froom for AG
Heritage Center
Connect to 8” line in
SLO Ranch Road
On-site surface
retention or
underground
detention, as
needed.
Vegetated bioswales
(pervious pavers,
grass crete parking,
etc)
Connect to 6” line
in SLO Ranch Rd for
Multi-family
4 Internal only Connect to 12” line
in Froom
Connect 8” line
in Froom Road/
SLO Ranch Road
to Daladio/Froom
intersection
Underground
stormwater
detention and
vegetated bioswales
as needed
Install 6” line from
SLO Ranch Road /
Froom to Froom/
Dalidio intersection
5
Obtain access
easement from
Madonna Shopping
center owner
Connect to 12” line
in Froom
6
Dalidio/Prado
extension/overpass
timing TBD
Connect from
Harvest Street
to existing line in
Dalidio Drive
Table 7-10 San Luis Ranch Phasing Strategy
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft 7-23
7.8 Financing Strategy – Required
Facilities
The San Luis Ranch Specific Plan provides a Public Facilities
Financing Plan (PFFP), and outlines a funding strategy to
enact the PFFP. The PFFP will outline construction and
maintenance costs for required facilities and services that
would be impacted by the project. The PFFP also presents
strategies for bond and other public financing options.
7.8.1 Public Facilities Financing Plan (PFFP)
Build-Out and Phasing
Figure 7.7 shows a map of the phasing plan. Tables 7-11
and 7-12 outline the proposed residential and commercial
build out by year, respectively, in terms of dwelling units,
square footage, and acreage. These tables show maximum
allowable buildout under the City’s General Plan. Actual
buildout may be lower, but not less than the minimum
required by the General Plan. The actual residential
product mix at buildout will be determined by market
conditions.
Year Dwelling Units Acres
2018 86 8.0
2019 196 15
2020 175 15
2021 123 4.0
Total 580 42
Table 7-11 San Luis Ranch Residential Build-Out Phasing Plan
Year
Commercial Office Hotel + Conference Center
Square Feet Acres Square Feet Acres Rooms Acres
2018 50,000 4.00
2019 50,000 4.00 25,000 1.05 200 3.50
2020 50,000 4.00 25,000 1.05
2021 25,000 1.05
2022
2023 25,000 1.05
2024
Total 150,000 12.00 100,000 4.20 200 3.50
Table 7-12 San Luis Ranch Non-Residential Build-Out Phasing
Cost Estimates
The total cost of transportation and backbone utility
infrastructure associated with San Luis Ranch Specific Plan
build-out is estimated to be approximately $28.8 million
(See Table 7-13). The $28.8 million figure is not inclusive
of land acquisition associated with roadway infrastructure
improvements, existing development impact fees (school,
City, or other), on-site stormwater management, or in-
tract improvements that project developers will assume
as their projects are constructed.
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7-24 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
Table 7-13 San Luis Ranch Improvement Projects Estimated Costs + Triggers
Improvement Project Estimated Cost Trigger
Froom Ranch Way Extension $1,900,000 Phases 1 and 2 (Residential)
Madonna Road Improvements $500,000 Phases 1 and 2 (Residential)
Utility Infrastructure (1)$1,015,000 Phases 1 and 2 (Residential)
Prado Road Extension - U.S.
101(2)$22,450,000 Subject to approved funding plan, prior to
occupancy of Phase 2 units
Dalidio Drive Improvements $2,000,000 Phase 3 (Commercial)
Traffic Signal Improvements $170,000 Phase 3 (Commercial)
Froom Ranch Way Bridge $800,000 Phase 3 (Commercial)
Total $28,835,000
1. Wastewater, Water, and Recycled Water Backbone Infrastructure Shown in Figure 7.1, 7.2, and 7.3.
2. Cost estimate assumes overcrossing of U.S. 101 with no interchange. San Luis Ranch will only pay its fair-share
portion of the Prado Road extension cost.
Funding Mechanisms
This section outlines key funding sources that would
finance key infrastructure elements of the San Luis Ranch
Specific Plan Area. These funding sources are organized
into two groups:
1. Primary funding mechanisms (Community
Financing District (CFD) and Enhanced
Infrastructure Financing District (EIFD)) will
generate the primary funds necessary to complete
the improvement projects described above.
2. Ancillary funding mechanisms (Development
Agreements, Development Impact Fees, and
Developer Financing) will generate funds necessary
to cover the costs to administer primary funding
sources and other infrastructure projects as
needed.
Cost Allocation
As mentioned above, the primary funding mechanisms
for infrastructure improvements are Community Facilities
District (CFD) and Enhanced Infrastructure Financing
District (EIFD). Table 7-14 shows how bonds could be
issued across three phases to finance the infrastructure
accordingly. It is anticipated that San Luis Ranch will pay
its fair share of these improvements.
In order to reduce construction noise levels during each
phase of development, various noise mitigation measures
have been identified. The key noise mitigation measures
to be implemented prior to and/or during construction
include:
• N-1(a). Utilizing haul routes that avoid residential
neighborhoods;
• N-1(b). Limiting construction work hours between
the hours of 7:00am to 7:00pm daily; and
• N-1(c) Construction Best Management Practices
(BMP’s) and noise attenuation techniques.
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft 7-25
Table 7-14 San Luis Ranch Improvement Projects Cost Allocation by Bond Financing Phase
Improvement Project Estimated Cost
Bond Financing
First Issuance Second Issuance Third Issuance
Froom Ranch Way Extension $1,900,000 $1,900,000
Madonna Road Improvements $500,000 $500,000
Utility Infrastructure (1)$1,015,000 $1,015,000
Dalidio Drive Improvements $2,000,000 $2,000,000
Traffic Signal Improvements $170,000 $170,000
Froom Ranch Way Bridge $800,000 $800,000
Prado Road Extension - U.S. 101 (2)$22,450,000 $22,450,000
Total $28,835,000 $3,415,000 $2,970,000 $22,450,000
1. Wastewater, Water, and Recycled Water Backbone Infrastructure Shown in Figure 8.1, 8.2, and 8.3.
2. Cost estimate assumes overcrossing of U.S. 101 with no interchange. San Luis Ranch will only pay its fair-share
portion of the Prado Road extension cost.
7.8.2 Funding Mechanisms
This Section provides information on primary and ancillary
funding mechanisms.
Primary Funding Mechanisms
Community Facilities Districts: A Community Facilities
District (CFD) is a special district created pursuant to
the Mello-Roos Community Facilities Act (California
Government Code Section 53311 et seq.) to finance public
infrastructure and service projects through levying of a
special tax on property in the district. Public bonds can be
issued based on the revenue stream from the special tax.
As a primary funding mechanism, a CFD may provide for
the purchase, construction, expansion, or rehabilitation
of any real or other tangible property with an estimated
useful life of at least five years. Creation and administration
of a CFD are discussed in Section 7.6 above.
Enhanced Infrastructure Financing District: An
Enhanced Infrastructure Financing District (EIFD) is a
new funding mechanism that was approved by the State
of California in 2014. An EIFD can finance public capital
facilities or other specified projects of communitywide
significance. An EIFD is a special district that may be
created within a city or county, and is established upon
approval by 55 percent of voters. The legislative body of
the participating entities governs the EIFD. An EIFD can
issue public bonds based on tax-increment financing to
fund identified projects that may include the construction
or rehabilitation of a wide variety of public infrastructure
and facility projects such as parking, transit facilities,
sewage treatment, parks, recreational facilities, open
space and libraries.
The State legislature is expected to further refine technical
issues related to EIFDs in 2015.
Ancillary Funding Mechanisms
City and County Tax Exchange: Under Revenue and
Taxation Code Section 99, a county may upon annexation
enter into an agreement with a city to share property taxes
that would be spent towards improvements, services, etc.
in the annexed area.
It is envisioned that the City of San Luis Obispo and the
County of San Luis Obispo will work together to develop a
fair and equitable approach to the sharing of incremental
increases in real property ad valorem taxes imposed and
collected as authorized by the Revenue and Taxation
Code in order to encourage sound urban development
and economic growth.
Development Agreements: A development agreement
is a tool for establishing a vested right to proceed with
development in conformance with the policies, rules, and
regulations in effect at the time of approval (Government
Code Section 65864). Development agreements provide
a developer with assurances for a specified length of
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7-26 SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft
time that the proposed project may proceed as originally
approved, and not be affected by future changes in land
use regulations. In exchange for this assurance, the
landowner/developer may agree to public improvements,
land dedications, or in-lieu fees, as negotiated with the City,
as a condition of the agreement.
Development Impact Fees: Allowed under Government
Code Section 66000 et seq., development impact fees
are payments from new developments required by local
governments to offset the cost of improving or expanding
City facilities to accommodate the development. To establish
the appropriate fee amount, a jurisdiction determines
the specific improvements to be funded and prepares a
“nexus” study to demonstrate the relationship between the
proposed improvements and new development.
Table 7-15 shows the projected impact fees that will
be generated from San Luis Ranch Specific Plan Area
development. Development impact fees could be offset
with credits for sustainable development practices or use of
on-site resources such as water wells if deemed appropriate
by the City.
Developer Financing: In many cases, developers fund
facilities or dedicate land as a means of mitigating the
impact of their developments. For example, the City may
impose, as a condition of development, construction of a
facility that is needed, such as a roadway. Once the roadway
is constructed and accepted by the City, fee credits equal
to the amount of the cost of the facility or the cost of the
facility as estimated in the capital improvement plan, can be
issued to the developer. The developer can then apply them
to offset fees imposed on his development or enter into a
fair share reimbursement agreement for any constructed
facility that is oversized.
Landscaping and Lighting District: The Landscaping and
Lighting District of 1972 (California Streets and Highways
Code §§ 22500, et seq.) allows local agencies to establish a
Landscaping and Lighting District to finance landscaping and
lighting in public areas as well as construction of community
centers and acquisition of parks. An assessment is charged
to each property owner in the district based on a formula
calculating the degree of benefit derived by the property
owner. Landscaping and Lighting Districts are subject to the
voting and notice requirements of Proposition 218.
Homeownership Association Fees: Homeownership
Association (HOA) fees may be used to fund maintenance
for parks if the parks are considered part of the HOA
common area.
7.9 Financing Implementation and
Administration
The San Luis Ranch Specific Plan Area will be built across
phases as outlined in Section 7.8. Changes in required
facility design and cost estimates might result. The PFFP
and City finance policies are designed to accommodate
such changes while securing in-place public bond financing.
7.9.1 Updates and Revisions to the PFFP
The PFFP should be updated each time there is a significant
change in facility plans, land use plans, or infrastructure
cost estimates. When these items are revised, there will be
a corresponding change in the fair share cost allocation to
each type of land use anticipated within the San Luis Ranch
Specific Plan Area. Impact fees within the development
must also be adjusted to maintain a nexus between facilities
being funded and land uses paying such fees.
7.9.2 Individual Project Applications and
Developer Reimbursements
When an individual project is submitted to the City for
processing and approval, the facilities required to serve that
project must be identified. Due to the incremental nature
of public facility phasing, it is likely that certain projects will
be required to oversize improvements to accommodate
future development. By comparing the project’s assigned
fair share of facility costs to the costs of improvements
required to allow the project to proceed, the City will be
able to calculate an equitable reimbursement to the
developer paying for oversized improvements. The City will
likely enter into an agreement with the developer to affect
such a reimbursement.
7.9.3 Capital Facility Account(s) for Collected
Fees
Pursuant to Section 66006 of the California Government
Code, the City will establish a capital facility account(s) for
collected fees. Establishment of this account(s) will prevent
commingling of the fees with other City revenues and funds.
Interest income earned by fee revenues in these accounts
will be deposited in the accounts and applied to facility
construction costs. Within one hundred eighty days of the
close of each fiscal year, the City will make information
pertaining to each account (as required by Section 66006
(b)(1)) available to the public and will review this information
at a regularly scheduled public hearing.
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SAN LUIS RANCH | SPECIFIC PLAN | City of San Luis Obispo, CA | May 2017 Public Hearing Draft 7-27
Avg.
SF
Unit
Count Total SF
Other
Mea-
sure
Impact Fees Fee Calculation
Amount Per Per SF Per Unit Total
TRANSPORTATION IMPACT + PLAN PREPARATION FEES
Residential,
Single-family 1,814 300 544,200 Unit $1.94 $3,519.16 $1,055,748.00
Residential,
Multi-family 1,296 280 362,880 Unit $2.41 $3,123.36 $874,540.80
Office 100,000 SF $7.05 $705,000.00
Service Com-
mercial 150,000 SF $3.82 $573,000.00
Hotel/Motel 200 $1,632.00 Unit $1,632.00 $326,400.00
Total $3,534,688.80
WATER DEVELOPMENT IMPACT FEE
Residential,
Single-family 1,814 300 544,200 $10,775.16 Unit $5.94 $10,775.16 $3,232,548.00
Residential,
Multi-family 1,296 280 362,880 $7,542.72 Unit $5.82 $7,542.72 $2,111,961.60
Office 100,000 TBD
Service Com-
mercial 150,000 TBD
Hotel/Motel 200 4” meter $179,934.00 4” meter $179,934.00
Total $5,524,443.60
WASTEWATER DEVELOPMENT IMPACT FEE
Residential,
Single-family 1,814 300 544,200 $3,736.84 Unit $2.06 $3,736.84 $1,121,052.00
Residential,
Multi-family 1,296 280 362,880 $2,604.96 Unit $2.01 $2,604.96 $729,388.80
Office 100,000 TBD
Service Com-
mercial 150,000 TBD
Hotel/Motel 200 4” meter $62,621.00 4” meter $313.11 $62,621.00
Total $1,913,061.80
SCHOOL IMPACT FEES
Residential,
Single-family 1,814 300 544,200 SF $3.36 $6,095.04 $1,828,512.00
Residential,
Multi-family 1,296 280 362,880 SF $3.36 $4,354.56 $1,219,276.80
Office 100,000 SF $0.54 $54,000.00
Service Com-
mercial 150,000 SF $0.54 $81,000.00
Hotel/Motel 200 TBD
Total $3,182,788.80
Table 7-15 Summary of Impact Fees Estimated from San Luis Ranch Development
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7.9.4 City Ordinances Enabling Impact Fees
For impact fees not already codified by the City, the
City Council could adopt an ordinance enabling impact
fees within the Specific Plan Area. Such impact fees may
include transportation and water connection surcharges
similar to those that have been assessed in other Specific
Plan Areas of the City of San Luis Obispo.
7.9.5 Creation and Administration of a CFD
Formation of the CFD may be initiated by any one of the
following methods: (1) motion by the City Council, (2) a
written request signed by two City Council members, (3)
a petition signed by 10 percent of the registered voters
or in the proposed CFD, or (4) a petitioned signed by
property owners accounting for 10 percent of the land
in the proposed CFD. Within 90 days of initiating the
proceedings, the City Council adopts a resolution of intent
to establish the CFD. In not less than 30 days and not
more than 90 days from adoption of the resolution, the
City Council will hold a public hearing on the formation
of the CFD. Finally, as required by Proposition 13, the
special tax must be approved by two-thirds of registered
voters in the proposed CFD. However, if there are fewer
than 12 registered voters residing in the proposed district,
the vote shall be by the landowners of the proposed CFD,
and each landowner shall have one vote for each acre or
portion of an acre of land owned within the CFD.
Formation of a Community Facilities District commits the
City to the ongoing administration of the CFD. A Mello-
Roos special tax is not a fixed lien on a parcel, but an
annual lien that must be calculated and levied each year.
The appropriate special tax will be determined by the City
or its designee after consideration of annual debt service
requirements, direct construction funding, administrative
costs of the CFD, prepayments received, and development
activity within the CFD. After the special taxes have been
calculated each fiscal year, they will be submitted to the
county auditor to be included on the secured property tax
bill.
7.9.6 Forming an EIFD
Enhanced Infrastructure Financing Districts (EFIDs) are a
relatively new public financing mechanism (established
in Government Code Sections 553398.50, et seq.
effective January 1, 2015). Unlike other public financing
mechanisms under California law, EIFDs may be formed
by resolution of the city council without an accompanying
public vote. To issue bonds, however, an EIFD must hold
a vote and garner at least 55 percent of voter approval
for the issuance. Before adopting a resolution forming
an EIFD, the city council must publish the proposed EIFD
infrastructure financing plan, notice all landowners and
affected taxing entities, and hold a public hearing. Further,
a city that in the past created a redevelopment agency
(as defined by Health and Safety Code Section 33003)
may not initiate formation of an EIFD until the former
redevelopment agency is adequately concluded pursuant
to Government Code Section 53398.54.
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11
Meeting Date: 7/17/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Alexander Fuchs, Parking Services Supervisor
SUBJECT: ANHOLM RESIDENTIAL PARKING PERMIT DISTRICT
RECOMMENDATION
Adopt a Resolution establishing the Anholm Residential Parking Permit District
DISCUSSION
Background
Section 10.36.170 of the City’s Municipal Code outlines two different processes to establish a
Residential Parking Permit District (RPPD). One process is property owner initiated and the
other process is City Council initiated. The difference is that, for a City initiated parking district
proposal, the code states that the City Council “should” establish an RPPD if it finds that 1) the
area is predominantly residential, 2) the streets are congested with vehicles parked by persons
not residing in the area, 3) the designation is supported by a majority of the affected households
as indicated by a city survey, and 5) limiting parking of vehicles along the streets in a designated
area to the residents of that area is necessary in order to preserve the character of the existing
neighborhood.
On the other hand, the code states the City Council “may” establish a RPPD after receiving a
request from a property owner, holding a public hearing, and making a finding that the
establishment of the district represents the desire of a majority of the households of the area.
Pursuant to the above Municipal Code section, the following steps were conducted in order to
make this recommendation to Council:
1. In October 2017, the City received a request from residents living on the 700 block of
Rougeot Place to establish a Residential Parking Permit District (RPPD).
2. In February 2018, the Council adopted the Broad Street Bicycle Boulevard (Anholm
Bikeway) Plan with the direction to investigate the support for establishing a parking
district in the Anholm area (of which Rougeot Place is in), if desired by the
neighborhood. The Anholm Bikeway, as approved, may result in the removal of parking
on certain blocks within the neighborhood. The removal of parking would further restrict
the available parking to residents of the area. As direction was given by Council to
investigate the formation of a district, an informal survey of the potential affected area
was not required.
3. In March, staff met informally with residents to discuss parking issues in their
neighborhood. Discussions also included the RPPD formation process, potential
enforcement hours that may address the parking impacts or issues.
PACKET PAGE 541
12
4. Staff studied the residential area from Foothill Boulevard to Lincoln St reet and Santa
Rosa Street to Broad Street to determine the potential affected area. Information used to
determine a potential affected area included: car counts collected by the City’s
Transportation Engineering Division in September and October 2017 as part of the Broad
Street Bike Boulevard work effort (See Attachment A), feedback received from resident
at the public meeting and by other communications, and field observations made by staff
to determine where a survey should be conducted.
5. In April, staff held a community meeting at the San Luis Obispo Library’s Community
Room to publicly present the potential affected area, discuss the RPPD process, and to
answer parking-related questions. After the community meeting, staff mailed formal
surveys to all the households in the potential affected area to determine support, if any for
a district.
6. Staff then used the results from the formal survey responses to determine the proposed
district boundaries and proposed district enforcement hours.
Potential Affected Area
There are two existing parking Districts near the Anholm neighborhood area. First is the
Palomar-Serrano District that includes the 500-600 blocks of Serrano Drive, the 10 block of
Palomar Avenue, and the 600 block of Luneta Drive. Second is the Murray Street District that
includes the 800 block of Murray Street. Due to the adjacency of these existing districts, staff
determined it was prudent to survey the residents residing in them to determine if there is support
amongst the households to incorporate their districts with the new proposed district. The
expansion of these parking districts will come to Council at a later date.
Formal Survey Results
On April 27, staff mailed each household within the potential affected area 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
May 18, 2018 to be included in the count. A total of 253 households surveys were mailed, with
108 completed and returned to the Parking Services office by the deadline. Only the returned
surveys were used to determine the boundaries.
Consistent with the recommendations made in 2004 by a task force that was established to
improve the RPPD process, the residents living within the area were surveyed, not the property
owners. Figure 1 below is an illustration of the formal survey results. The green lines represent
blocks that met the 60% in-favor threshold while the red lines represent blocks that did not meet
the 60% in-favor threshold. See Attachment B for a breakdown of the formal survey results by
block.
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12
Figure 1 – Formal Survey Results
The City’s municipal code sections 10.36.170 to 10.36.232 govern Residential Parking Permit
Districts. Section 10.36.170 requires that at least 60% of the completed and returned formal
surveys be in-favor of the establishment of a district for the request to be forwarded to Council
for consideration if the process is initiated by residents. If the process is initiated by City
Council, then Council must make the finding that establishing a district represents the desire of a
majority of residents of the area.
Of the blocks surveyed, the following indicated households in-favor of establishing a new or
maintaining their existing RPPD:
• the 700-800 blocks of Murray Avenue;
• 700-800 blocks of Meinecke Avenue;
• 10 block of Rougeot Place west of Chorro Street;
• 10 block of Palomar Avenue;
• 500-700 blocks of Serrano Drive; and
• 600 block of Luneta Drive.
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12
Proposed District Boundaries
Based on the formal survey responses received, staff recommends formation of a parking district
with boundaries that include the 10 block of Rougeot Place, 10 block of Chorro Street, and 700-
800 blocks of Meinecke Avenue. Even though the 10 block of Chorro Street and Rougeot Place
east of Chorro Street did not individually meet the 60% threshold, the overall combined area that
constitutes the proposed district meets the 60% threshold in-favor of establishing a district and
conforms with the requirements of Section 10.36.170. This will create contiguous district
boundaries and avoid secondary impacts on these segments from the formation of the RPPD.
Figure 2 below shows the proposed Anholm District boundaries.
Figure 2 – Proposed District Boundaries
Proposed Anholm District Enforcement Hours
The formal survey asked households to indicate their preferred enforcement hours. The most
common response indicated by the residents was 9 AM to 2 AM, daily. Staff recommends
slightly modifying the preferred enforcement hours to 8 AM to 2 AM, daily, so that the start of
the enforcement hours align with the start of enforcement the hours for the existing Murray
District nearby. Parking Services enforcement personnel would be dispatched during the daytime
hours of 9 AM to 6 PM, daily on an as -available basis. Parking Services and the Police
Department are working through the final details for enforcement between 6 PM and 2 AM. This
is consistent with the City’s Municipal Code section 10.36.232.
PACKET PAGE 544
12
CONCURRENCES
The proposed enforcement hours of 8 AM to 2 AM, 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. 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 Quality Act.
FISCAL IMPACT
The fiscal impact for the proposed establishment of the Anholm District, including the
installation of signs and signs posts and printing parking permits, is estimated to cost the City
approximately $9,500. Some of the cost would be offset by the additional fine revenue collected
from enforcement and the sale of annual residential parking permits. The current cost for a
permit is $15 annually. There are no budgeted funds for the creation or expansion of Residential
Parking Permit Districts and, if approved, the funds would come from other operating line items
in the approved 2018-2019 budget that are able to absorb the additional expenses.
ALTERNATIVES
Deny adoption of the resolution. Staff does not recommend this alternative because responses
from affected households meets the criteria set forth in the City’s Municipal Code section
10.36.170.
Attachments:
a - On-Street Parking Occupancy by Block
b - Formal Survey Results by Block
c - Resolution for Anholm District
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12
On-Street Parking Occupancy for the Anholm Neighborhood
N/W
Side
S/E
Side
N/W
Side
S/E
Side
N/W
Side
S/E
Side
N/W
Side
S/E
Side
N/W
Side
S/E
Side
N/W
Side
S/E
Side
Mission to Serrano 7 15
Serrano to Murray 2 4
Murray to Ramona 6 14
Ramona to Foothill 0 6
Mission to West 15 10
West to Murray 9 10
Murray to Meinecke 12 14
Meinecke to Foothill 8 3
Broad to Chorro 17 16
Broad to Chorro 13 12
Chorro to Santa Rosa 18 21
Broad to Chorro 15 13
Chorro to Santa Rosa 20 14
w/o Chorro 10 11
e/o Chorro 3 3
Luneta to Serrano 13 13
SerranoPalomar to Broad 13 10
BentonMurray to Meinecke 15 16
61%63%57%67%66%
STREET SEGMENT
PARKING
SUPPLY
PARKING OCCUPANCY - ON STREET
12:45-1:45 AM 12:00-12:45 PM 4:00-4:45 PM 5:00-6:00 AM
SAT 9/23 TUES 9/26 TUES 9/26 THURS 9/28 WED 10/11
12:45-1:45 AM
Broad StreetChorro Street50%
50%
55%
67%
64%
37%
88%
56%
36%
50%
45%
50%MissionMurrayMeinecke69%
61%
44%
56%
79%
100%Palomar100%
83%
58%
100%
67%
27%
73%
55%
17%
45%
50%
60%
11%
100%Rougeot78%
84%
30%
88%
21%
85%
64%
57%
6%
84%
64%
87%
70%
65%
81%
100%
45%
65%
56%
49%
68%
68%
33%
60%
67%
48%
32%
23%
86%
83%
27%
84%
72%
79%
84%
38%
87%
62%
112%
82%
52%
26%
77%
33%
65%
83%
119%
82%
30%
77%
38%
74%
56%
100%
67%
92%
54%
57%
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12
Formal survey results by block for the Anholm Neighborhood
Street Segment In Favor Not in Favor Total % in Favor
Broad
Mission to Murray 2 6 8 25%
Murray to Meinecke 4 4 8 50%
Meinecke to Foothill 0 0 0 0%
Chorro
Mission to Murray 5 4 9 56%
Murray to Meinecke 1 2 3 33%
Meinecke to Foothill 1 1 2 50%
Mission Broad to Chorro 0 8 8 0%
w/o Broad 0 2 2 0%
Murray Broad to Chorro 4 2 6 67%
Chorro to Santa Rosa 8 5 13 62%
Meinecke Broad to Chorro 9 2 11 82%
Chorro to Santa Rosa 1 0 1 100%
Rougeot w/o Chorro 5 0 5 100%
e/o Chorro 0 0 0 0%
Palomar Luneta to Serrano 4 0 4 100%
Serrano Penman to Broad 8 5 13 62%
Luneta Palomar to Verde 2 0 2 100%
Benton Murray to Meinecke 5 8 13 38%
Total 59 49 108 55%
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ESTABLISHING A RESIDENTIAL PARKING
PERMIT DISTRICT FOR THE ANHOLM NEIGHBORHOOD,
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 establishment of a
residential parking permit district from residents of the Anholm neighborhood, specifically, the
700 block of Rougeot Place; and
WHEREAS, the request was processed pursuant to Municipal Code Section 10.36.170 et
seq. which requires a survey in which at least 60% of the households participating in the survey
supported the district before the request can be forwarded to Council for consideration; and
WHEREAS, the proposed residential parking permit district area shown in Exhibit A,
which includes addresses 48 and 48 ½ Benton Way, 21 to 51 Chorro Street, 704 to 850 Meinecke
Avenue, and 732 to 806 Rougeot Place, is primarily residential; and
WHEREAS, the streets in the area are congested with vehicles parked by persons not
residing in the area and the designation is supported by a majority of the affected households as
indicated by a City survey of the affected households; and
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to
consider the establishment of a residential parking permit district and determined that the
establishment of the district represents the desire of a majority of the households in the area and
that a parking permit district which limits parking in the area to bona fide residents is necessary to
preserve the character of the neighborhood for the residents of the district.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. Based upon the foregoing recitals which are hereby adopted as findings of
the Council in support of the formation of a residential parking district and pursuant to Section
10.36.170 et. seq. of the San Luis Obispo Municipal Code, a residential parking permit district is
hereby established as shown in Exhibit A which includes addresses 48 and 48 ½ Benton Way, 21
to 51 Chorro Street, 704 to 850 Meinecke Avenue, and 732 to 806 Rougeot Place.
SECTION 2. No other vehicles, 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 or vehicles
having a residential parking permit clearly displayed between the front windshield and the
rearview mirror shall park in the area from 8:00 am to 2:00 am, daily.
PACKET PAGE 548
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Resolution No. _____ (2018 Series) Page 2
R ______
SECTION 3. The Public Works Department shall be directed to post the district with
signs clearly indicating these parking restrictions consistent with applicable law.
SECTION 4. The Parking Services Division shall issue residential parking permits on
demand as permitted in Section 10.36.220 of the San Luis Obispo Municipal Code. Parking
permits shall be issued for a year effective September 15th of each year. This issuance will include
the households located within the boundaries of the district as shown in Exhibit A.
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
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Resolution No. _____ (2018 Series) Page 3
R ______
Exhibit A
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Meeting Date: 7/17/2018
FROM: Deanna Cantrell, Chief of Police
Prepared By: Jeff Smith, Captain
SUBJECT: SAN LUIS OBISPO MUNICIPAL CODE 6.20.010 -- KEEPING NOISY
ANIMALS
RECOMMENDATION
Review the City’s current ordinance related to noisy animals and how it coincides with the
Animal Care and Control Services agreement with County Animal Services. No changes to the
City’s current ordinance are proposed at this time in favor of alternative approaches described
herein.
DISCUSSION
The purpose of this proposal is to review the City’s current ordinance related to the handling of
noisy animals and enforcement action that can be taken. Currently, the City has a contract with
the County of San Luis Obispo under the “Animal Care and Control Services” contract. Through
this contract, County Animal Services provides a number of services within the City, including
the handling of noisy animals such as barking dogs. The services outlined within the contract are
consistent with the services provided to surrounding cities.
Background
During the past year, an incident involving a barking dog went unresolved due to unique
circumstances that fell outside the required documentation within the City’s current municipal
code. Historically, prior to any enforcement action being taken against an owner of a habitual
noisy animal, there is defined criteria which must be met prior to County Animal Services acting.
One of the required criteria is that there must be three verification letters, from different
residences, confirming the habitual nuisance. This requirement is standard in noisy
animal/barking dog ordinances. However, based on the location of the resident affected by the
barking dog, there are no other neighbors surrounding this location that could attest to the
habitual noisy animal. Since the violation could not be substantiated by two additional
residences, County Animal Services was unwilling to take enforcement action against the
responsible owner of the barking dog.
The handling of noisy animals is addressed in San Luis Obispo Municipal Code 6.20.010, which
states:
6.20.010 Keeping noisy animals—Prohibited.
No person shall keep, maintain or permit on any lot or parcel of land any dogs,
animals, poultry or household pets, which by any sound or cry shall disturb the
peace and comfort of any neighborhood, or interfere with any person in the
reasonable and comfortable enjoyment of life or property. (Prior code § 4001)
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6.20.020 Keeping of noisy animals—Complaints—Abatement.
Whenever it shall be affirmed in writing by three or more persons having separate
residences or are regularly employed in the neighborhood that any dog, animal,
poultry or household pet is a habitual nuisance by reason of howling, barking or
other noise, or is in any other manner causing undue annoyance, the
poundmaster, if he or she finds such nuisance to exist, shall serve notice upon the
owner or custodian that such nuisance shall be abated, or the animal shall be
impounded. If such nuisance and annoyance cannot be successfully abated and
the poundmaster determines it necessary to impound such dog, animal, poultry or
household pet, he or she shall not permit the reclaiming or redemption of such to
the owner or custodian unless adequate arrangements have been made by the
owner or custodian to ensure abatement of the annoyance or nuisance. (Prior
code § 4001.1)
The current contract with the County Animal Control Services is attached to this Council Agenda
Report. (Attachment A). The portion of that contract that applies to this circumstance is under
section 1 which states:
1) County Obligations. The County shall perform the following duties.
b) Field Services
i) Receive and respond to public calls for service related to alleged
violations of local or state code pertaining to the care, keeping,
treatment, and management of animals.
The police department has discussed the above incident with County Animal Services and
alternatives that can be implemented to help resolve future incidents with similar circumstances.
This unique incident caused County Animal Services to reevaluate its processes and identify
alternative enforcement approaches. These approaches include:
1. A County Animal Control Officer initiating enforcement based on their independent
judgment using other enforcement powers.
2. If the County Animal Control Officer determines that the incidences do not meet
enforcement thresholds. The Animal Control Officer will provide the impacted party
with the following options:
a. File a civil nuisance complaint.
b. Assist with a citizen’s citation or “citizen’s arrest”.
County Animal Services understands this is not a common occurrence and recommends that the
contract remain consistent with all other municipal ordinances that address nuisance or noisy
animals. This provides uniformity in training and enforcement across all cities within the
County. In the future, if there is an incident involving a nuisance animal and it only impacts one
resident, County Animal Services will act as the verifying party to the ongoing nuisance and will
take appropriate action or assist a neighbor. County Animal Services Staff will be at the City
Council meeting to answer any questions that the Council may have about the enforcement
approaches described in this report.
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CONCURRENCES
The City Attorney concurs with the recommendation to make no amendments to the current
noisy animal ordinance.
FISCAL IMPACT
Currently, the City is under contract with the County of San Luis Obispo to provide animal
services related to the keeping of noisy animals. There would be no additional cost to the City to
continue with the current ordinance.
If the recommendation is to change the current ordinance and allow the police department to
begin enforcing noisy animal complaints, there could be a significant impact to the police
department. The impacts would be associated with availability of resources, officer time spent
on calls, frequency of calls, competing calls for service, data collection, and information sharing
with the County.
ALTERNATIVES
Alternative to the approaches described above would be for a Police Officer to cite a barking dog
under Chapter 9.12 which is the City’s current Noise Ordinance.
The City could amend Municipal Code section 6.20.020 to not require the “three or more”
verification requirement. For example, another common way “barking dog” ordinances are
written is to require three or more complaints within a six -month time frame and for the local
agency to corroborate the existence of a barking dog.
It should also be noted that the County has more animal control services and enforc ement tools
than the City. For example, certain animal control violations can include animal impoundment –
the City does not have the resources for this type of enforcement which is why such services are
contracted out to the County. As such, the police department recommends that the Council make
no change to the current ordinance at this time. The circumstances in the above -mentioned
incident are uncommon and the police department has come to an agreement with County
Animal Services to address future similar incidents using other enforcement tools or assisting the
impacted neighbor with civil options. Since the City contracts with County Animal Services to
address violations related to noisy animals, staff would prefer to remain consistent with other
jurisdictions in the handling of these incidents.
Attachments:
a - Animal Care and Control Services Contract
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