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HomeMy WebLinkAbout10-02-2018 Agenda Packet Tuesday, October 2, 2018 6:00 PM REGULAR MEETING Council Chamber 990 Palm Street San Luis Obispo Page 1 CALL TO ORDER: Mayor Heidi Harmon ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson and Mayor Heidi Harmon PLEDGE OF ALLEGIANCE: Vice Mayor Christianson PRESENTATIONS 1. PROCLAMATION - INDIGENOUS PEOPLES DAY (HARMON – 5 MINUTES) 2. PROCLAMATION - FIRE PREVENTION WEEK (HARMON – 5 MINUTES) 3. PROCLAMATION - NATIONAL SUICIDE PREVENTION WEEK (HARMON 5 MINUTES) 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). St aff 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. San Luis Obispo City Council Agenda October 2, 2018 Page 2 4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES (PURRINGTON) Recommendation: Waive reading of all resolutions and ordinances as appropriate. 5. REVIEW MINUTES OF THE AUGUST 28, 2018, AND SEPTEMBER 18, 2018, CITY COUNCIL MEETINGS (PURRINGTON) Recommendation: Approve the minutes of the City Council meetings held on August 28, 2018 and September 18, 2018. 6. ADOPTION OF AN ORDINANCE TO AUTHORIZE THE IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM (HERMANN / HILL / READ) Recommendation: Adopt Ordinance 1654, entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, authorizing the implementation of a Community Choice Aggregation Program.” 7. REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES (DIETRICK) Recommendation: 1. Approve the Request for Qualifications (RFQ) for Legal Services. 2. Authorize the City Attorney to create a 2019-2024 On-Call List from the proposals received. 3. Authorize the City Attorney to execute agreements with the On-Call list of law firms and/or attorneys on an as-needed basis. 8. IMPLEMENTATION OF THE 2018 ZONING REGULATIONS COMPREHENSIVE UPDATE (TITLE 17 OF CITY’S MUNICIPAL CODE) (CODRON / DAVIDSON) Recommendation: Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, implementing the 2018 Zoning Regulations comprehensive update (Zoning Regulations update, GENP-0327-2017),” to provide a clear understanding regarding which zoning regulations apply to various projects which are at different stages of the application and permitting process. San Luis Obispo City Council Agenda October 2, 2018 Page 3 PUBLIC HEARING AND BUSINESS ITEMS 9. MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES AND PROGRAMS (CANTRELL / STALEY) Recommendation: Receive a presentation on the mental health and drug and alcohol services, and programs provided by the Co unty of San Luis Obispo. 10. 2017-18 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT (HERMANN / CANO) Recommendation: As recommended by the Tourism Business Improvement District (TBID) Board: 1. Receive and approve the (TBID) Board’s 2017-18 annual report; and 2. Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, declaring its intention to continue the San Luis Obispo Tourism Business Improvement District, to continue the basis for and to le vy the assessment for the district, and to set a date for the public hearing on the district and the assessment for 2018-19” at the same rate as in the fiscal year 2017-18. 11. SCHEDULE FOR 2019-21 FINANCIAL PLAN (ELKE / FERREIRA) Recommendation: Approve the goal setting process and timetable for development of the 2019-21 Financial Plan. 12. PUBLIC HEARING - AMEND THE MUNICIPAL CODE, TITLE 10 (VEHICLES AND TRAFFIC) (GRIGSBY / LEE / FUCHS) Recommendation: Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Municipal Code Title 10 regarding Vehicles and Traffic,” amending commercial loading zone access and use requirements, update vehicle tow provisions, and other Title language clean-up. San Luis Obispo City Council Agenda October 2, 2018 Page 4 13. PUBLIC HEARING - ESTABLISH FINE AMOUNTS FOR ELECTRIC VEHICLE CHARGING VIOLATIONS AND BICYCLE LANE VIOLATIONS, AND AN INCREASE OF EXISTING PARKING VIOLATION FINE AMOUNTS (GRIGSBY / LEE / FUCHS) Recommendation: Adopt a Resolution entitled, “A Reso lution of the City Council of the City of San Luis Obispo, California, establishing and increasing Parking Citation Fines,” allowing the City to enforce state law related to unlawful parking of vehicles in Electric Vehicle spaces and in bicycle lanes or paths, as well as authorizing a multi-year increase to parking violation fine amounts. 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 next Special and Regular City Council Meetings are scheduled for Tuesday, October 16, 2018, at 5:30 p.m. and 6:00 p.m., respectively, in the Council Hearing Room and the Council Chamber, 990 Palm Street, San Luis Obispo, California. LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk. The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommu nications 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. San Luis Obispo Page 1 Tuesday, August 28, 2018 Special Meeting of the City Council CALL TO ORDER A Special Meeting of the San Luis Obispo City Council was called to order on Tuesday, August 28, 2018 at 4:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None ---End of Public Comment --- CLOSED SESSION A. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson, Christine Dietrick Represented Employee San Luis Obispo City Emplo yee’s Association (SLOCEA) Organizations: San Luis Obispo Police Officer’s Association (POA) San Luis Obispo Police Staff Officer’s Association (SLOPSOA) International Association of Firefighters Local 3523 Packet Pg. 5 Item 5 San Luis Obispo City Council Minutes of August 28, 2018 Page 2 Unrepresented Employees: Unrepresented Management Employees Unrepresented Confidential Employees CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Christine Dietrick reported that there was no reportable action from the Closed Session. ADJOURNMENT The meeting was adjourned at 5:11 p.m. The ne xt Regular City Council Meeting is scheduled for Tuesday, September 4, 2018 at 4:30 p.m. and 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg. 6 Item 5 San Luis Obispo Page 1 Tuesday, September 18, 2018 Regular Meeting of the City Council CALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 18, 2018 at 5:30 p.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ---End of Public Comment --- CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: No. of potential cases: One. A point has been reached w here, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. The existing facts and circumstances exp osing the City to litigation include the following: A July 20, 2018 letter from Orcutt Associates, LLC’s attorney threatening litigation regarding the City’s compliance with Reimbursement Agreement Packet Pg. 7 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 2 dated November 20, 2007 and amended in July 22, 2011. A co py of the July 20, 2018 letter is on file with the City Clerk’s office. RECESSED AT 5:40 P.M. TO THE REGULAR MEETING OF SEPTEMBER 18, 2018 TO BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER Packet Pg. 8 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 3 C ALL TO ORDER A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday, September 18, 2018 at 6:00 p.m. in the Council Chamber, located at 990 Palm Street, San Luis Obispo, California, by Mayor Harmon. ROLL CALL Council Members Present: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice Mayor Carlyn Christianson, and Mayor Heidi Harmon. Council Members Absent: None City Staff Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa Purrington, City Clerk; were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Council Member Dan Rivoire led the Pledge of Allegiance. CITY ATTORNEY REPORT ON CLOSED SESSION City Attorney Dietrick stated that there was no reportable action for Closed Session. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA Peter Williamson, SLOCOG Jeffery Specht John Ashbaugh Don Hedrick Janine Rands ---End of Public Comment --- CONSENT AGENDA ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 1, 2, 5 thru 11. MAYOR HARMON REQUESTED THAT ITEMS 3 AND 4 BE PULLED FROM CONSENT. ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 3 AND 4. Packet Pg. 9 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 4 1.REVIEW MINUTES OF THE SEPTEMBER 4, 2018 CITY COUNCIL MEETING CARRIED 5 – 0 to approve the minutes of the City Council meeting held on September 4, 2018. 2.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES CARRIED 5 – 0 to waive reading of all resolutions and ordinances as appropriate. 3.AWARD CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT, WATER RESOURCE RECOVERY FACILITY PROJECT CARRIED 5 – 0 to award a contract to Carollo E ngineers, Inc. in the amount of $8,285,452 for Construction Management and Inspection Services for the Water Resource Recovery Facility Project, Specification No. 91363CM and authorize the City Manager to execute the agreement. 4.ADOPTION OF ORDINANCES APPROVING THE COMPREHENSIVE UPDATE TO THE CITY’S ZONING REGULATIONS (TITLE 17) OF THE MUNICIPAL CODE AND ASSOCIATED ZONING AMENDMENTS CARRIED 5 – 0 to adopt Ordinance 1650 (2018 Series), entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California repealing and replacing Title 17 of the Municipal Code (Zoning Regulations) to implement the Land Use and Circulation Element (LUCE), clarify and advance City goals and policies, provide internal consistency, and to re- organize the Zoning Code, including the adoption of a Negative Declaration of Environmental Review, as represented in the staff report and attachments dated August 21, 2018 (Zoning Regulations, GENP-0327-2017);” and Adopt Ordinance 1651 (2018 Series), entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Ordinance No. 1130 (1989 Series), modifying the design criteria, Section 5 (Code-1630-2018; south side of Monterey Street between 103 and 2223 Monterey, inclusive);” and Adopt Ordinance 1652 (2018 Series), entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Map to designate approximately 20.2 acres within the R-1 and C/Os-20 zones on the West Side of Broad Street, south of Serrano Drive, as R-1-S, Low-Density Residential Zone and C/Os-S-20, Conservation/Open Space with a Special Considerations Overlay (RZ-1629-2018; 159 & 161 Broad Street and 141 Bressi Place).” 5.BIENNIAL REVIEW AND AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE CARRIED 5 – 0 to adopt Resolution No. 10938 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, amending the City’s conflict of interest code.” Packet Pg. 10 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 5 6.EMERGENCY SERVICES AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY CARRIED 5 – 0 to authorize the Mayor to execute a succession Agreement with California Polytechnic State University, in a form subject to the approval of the City Attorney, for emergency response services to Cal Poly. 7.APPROVAL OF THE FINAL MAP FOR TRACT 3083 WEST CREEK, 1299 ORCUTT ROAD (SBDV-1769-2015) CARRIED 5 – 0 to adopt Resolution No. 10939 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the fina l map for Tract 3083 West Creek (1299 Orcutt Road, SBDV-1769-2015).” 8.STORM EVENT REIMBURSEMENT PROCESSING CARRIED 5 – 0 to adopt Resolution No. 10940 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, designating its agents for disaster reimbursement.” 9.ADOPTION OF AN ORDINANCE ESTABLISHING CANNABIS BUSINESS OVERLAY ZONES WHERE CANNABIS BUSINESS ACTIVITY MAY BE PERMITTED WITHIN THE CITY CARRIED 5 – 0 to adopt Ordinance 1653 (2018 Series), entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending the City’s Zoning Code and Zoning Map to designate seven areas of the city as Cannabis Business Overlay Zones where cannabis businesses may be located as may be allowed or conditionally allowed by the underlying zoning district and the rules and regulations established in the City’s Municipal Code (CODE-1058-2017).” 10.MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO, CITY OF SAN LUIS OBISPO POLICE DEPARTMENT, AND RISE CARRIED 5 – 0 to authorize the City Manager to sign the Memorandum of Understanding between the City of San Luis Obispo, City of San Luis Obispo Police Department and RISE (Respect Inspire Support Empower). 11.A PUBLIC HEARING TO ADD PROPERTIES TO THE MASTER LIST OF HISTORIC RESOURCES AND TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES CARRIED 5 – 0 to adopt Resolution No. 10941 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, Califo rnia adding the property located at 1568 Higuera Street to the Master List of Historic Resources as “The Miles Fitzgerald Home” and adding the property located at 1582 & 1592 Higuera Street and 1061 Grove Street to the Contributing Properties List of Histo ric Resources (HIST-1458-2018)” Packet Pg. 11 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 6 PUBLIC HEARING ITEMS AND BUSINESS ITEMS 12.RESOLUTION OPPOSING STATE PROPOSITION 6 TO REPEAL THE GAS TAX INCREASE, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AS APPROVED IN SB 1 BY THE STATE LEGISLATURE Public Works Director Daryl Grigsby presented the staff report and responded to Council questions. Public Comments: Peter Rodgers, SLOCOG Molly Kern, Chamber of Commerce ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER GOMEZ, CARRIED 5-0 to approve Resolution No. 10942 (2018 Series) entitled “A Resolution of the City Council of the City of San Luis Obispo, California, opposing Proposition 6 – SB 1 Repeal,” RECESS Council recessed at 6:50 p.m. and reconvened at 6:57 p.m., with all Council Members present. 13.CLIMATE ACTION PLAN UPDATE STATUS REPORT, GREENHOUSE GAS EMISSIONS INVENTORY UPDATE, AND DIRECTION ON GREENHOUSE GAS REDUCTION TARGETS (HILL / FOWLER / READ – 60 MINUTES) Interim Deputy Director Bob Hill, Community Development Deputy Director Xzandrea Fowler, and Sustainability Manager Chris Read presented the staff report and responded to Council questions. Public Comments: David Brodie Barry Rands Justin Bradshaw Eric Meyer Don Hedrick Eric Steeb Eric Veium Sarah Flickinger Janine Rands ---End of Public Comment --- ACTION: By consensus the Council provided the following direction regarding updated greenhouse gas targets: •Pursue a 2035 carbon neutral goal; •Direct staff to update the Climate Action Plan to meet the 2035 goal that outlines strategies and options to achieve the 2035 goal; Packet Pg. 12 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 7 •Continue to take immediate action consistent with the Major City Goal to reduce community wide goal to reduce GHG emissions; and •To continue to work on the reach code. 13.PUBLIC HEARING TO INTRODUCE AN ORDINANCE AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM AND TO ADOPT AND IMPLEMENT RELATED PROCESSES (HILL / READ – 75 MINUTES) Interim Deputy Director Bob Hill, and Sustainability Manager Chris Rea d presented the staff report and responded to Council questions. Public Comments: Jeffery Specht Eric Meyer Barry Rands Jenny Anderson Kevin Hauber Don Hedrick Eric Veium John Smigelski Justin Bradshaw ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve: 1.Receive the CCE Technical Study and presentation; and 2.Introduce Ordinance No. 1954 (2018 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, authorizing the implementation of a community choice aggregation program”; and 3.Adopt Resolution No. 10943 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, approving the joint powers agreement establishing Central Coast Community Energy on behalf of the City of San Luis Obispo including the changes requested by the City of Morro Bay City Council; and 4.Appoint Council members Gomez and Pease to serve as the City’s representatives on Central Coast Community Energ y’s Board of Directors; and 5.Direct staff to continue to support Central Coast Community Energy implementation and program launch until such time that the new agency has hired staff and transitioned to an operational, independent agency. 15.MIOSSI BROTHERS LA CUESTA RANCH OPEN SPACE ACQUISITION (JOHNSON / HILL – 30 MINUTES) Interim Deputy Director Bob Hill presented the staff report and responded to Council questions. Packet Pg. 13 Item 5 San Luis Obispo City Council Minutes of September 18 , 2018 Page 8 Public Comments: None ---End of Public Comment --- ACTION: MOTION BY COUNCIL MEMBER RIVOIRE, SECOND BY COUNCIL MEMBER PEASE, CARRIED 5-0 to approve adopt Resolution No. 10944 (2018 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California authorizing the acquisition of a portion of the Miossi Brothers La Cuesta Ranch property identified as Assessor Parcel Nos. 070-241-013; 073-231-008; 073-271-013; and 073-341- 003 (Portion) totaling approximately 266 acres in unincorporated San Luis Obispo County.” COUNCIL COMMUNICATIONS AND LIAISON REPORTS Mayor Harmon indicated she attended the countywide mayors meeting, Parks and Recreation workshop on the Parks and Recreation Element , coastal cleanup at Sinsheimer Park, and met with new ASI president. Council Member Pease indicated she attended the League of California Cities conference in Long Beach (paid for by the City), and the coastal cleanup at Sinsheimer Park. Council Member Gomez attended the Bio Digester ribbon cutting, coastal cleanup, and the League of California Cities conference in Long Beach (paid for by the City). Vice Mayor Christianson also attended the League of California Cities conference (paid for by the City). ADJOURNMENT The meeting was adjourned at 9:36 p.m. The next Regular City Council Meeting is scheduled for October 2, 2018 at 6:00 p.m., in the Council Chamber, 990 Palm Street, San Luis Obispo, California. __________________________ Teresa Purrington City Clerk APPROVED BY COUNCIL: XX/XX/2018 Packet Pg. 14 Item 5 Meeting Date: 10/2/2018 FROM: Robert Hill, Interim Deputy Director, Office of Sustainability Prepared By: Chris Read, Sustainability Manager SUBJECT: ADOPTION OF AN ORDIN ANCE TO AUTHORIZE THE IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM RECOMMENDATION Adopt Ordinance No. 1654 (2018 Series) entitled “An Uncodified Ordinance of the City Council of the City of San Luis Obispo, California, authorizing the implementation of a community choice aggregation program” (Attachment A). DISCUSSION As discussed at the September 4, 2018 City Council Study Session, and September 18, 2018 City Council Public Hearing, the City of San Luis Obispo has been studying potential benefits and risks associated with Community Choice Energy (CCE, referred to in California Public Utility Code as “community choice aggregation”) since 2013. CCE, authorized by Assembly Bill 117, is a state law that allows cities, counties and other authorized entities to aggregate electricity demand within their jurisdictions to purchase and/or generate electricity supplies for residents and businesses within their jurisdiction while maintaining the existing electricity provider for physical transmission and distribution services. Section 366.2(c)(12)(B) of the Public Utilities Code expressly contemplates the creation of a Joint Powers Authority (JPA) so that counties and cities can “participate as a group in a community choice aggregation program.” California cities and counties can exercise this option by doing two things: 1) entering into a Joint Powers Agreement forming a JPA under Section 6500, et seq. of the Government Code; and 2) adopting an Ordinance electing to implement a community choice program within its jurisdiction as required by Section 366.2(c)(12)(A). On September 18, 2018 the City Council voted 5-0 to: 1. Adopt a resolution to create and join a JPA called Central Coast Community Energy (CCCE) with the City of Morro Bay for the purpose of implementing a CCE program; 2. Introduce Ordinance No. 1654 (2018 Series) to establish and implement a Community Choice Energy program. The Ordinance is now ready for adoption and will become effective on November 2, 2018. ENVIRONMENTAL REVIEW The establishment of a CCE is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to the CEQA Guidelines, as it is not a “project” as it has no potential to result in a direct or reasonably foreseeable indirect physical change to the Packet Pg. 15 Item 6 environment because energy will be transported through existing infrastructure (14 Cal. Code Regs. § 15378(a)). Further, establishing a CCE is exempt from CEQA as there is no possibility that this it would have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). Further, the establishment of a CCE is also categorically exempt because it is an action taken by a regulatory agency to assume the maintenance, restoration, enhancement or protection of the environment (14 Cal. Code Regs. § 15308). FISCAL IMPACT Staff’s approach has been to establish a program with nearly no net cost to the Cit y and a limited exposure to risk by creating deferred compensation contracts that are transferable to the JPA. Staff has so far been successful in this approach, however fiscal impact risks exist as described in the September 18, 2018 (Item #14) and September 4, 2018 (Item #2) Council Agenda Reports. Known costs include upfront debt requirements of approximately $1,100,000 for working capital and requirements to pay up to $250,000 in deferred costs to The Energy Authority (“TEA”) in the event the program do es not launch. The short-term need of $1,100,000 in working capital for CCCE to complete the start-up phase and begin serving customers can be provided via General Fund loans from the member cities or through third-party financing. This basic structure of third-party financing, generally a line of credit with a credit guarantee to support the pre-revenue operating period, has been used in successful CCE launches including Valley Clean Energy Alliance, Marin Clean Energy, Sonoma Clean Power, and Silicon Valley Clean Energy. Should CCCE receive operating capital, and/or lines of credit from the cities, and should CCCE operations fail to launch, the cities would not be reimbursed, and/or would be responsible for any remaining debt. At present, the City of San Luis Obispo and City of Morro Bay anticipate sharing exposure to the credit solution on an 80/20 split. The two cities will return to their respective councils to request credit support for this bridge funding in late 2019 or early 2020 Regarding the pot ential for exposure to up to $250,000 in deferred costs, as part of the 2017-18 financial year-end process, $250,000 of “General Carry-Over” funds were designated as a contingency. ALTERNATIVES 1. Re-introduce the proposed ordinance with amendments. The City Council may continue action, if more information is needed. Direction should be given to staff regarding additional information needed to make the decision. 2. Reject the proposed ordinance. The City Council may reject the proposed ordinance, which would effectively end the City’s pursuit of CCE. Attachments: a. CCE Implementing Ordinance Packet Pg. 16 Item 6 O 1654 ORDINANCE NO. 1654 (2018 SERIES) AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM WHEREAS, on December 12, 2017, the City Council directed staff to investigate the feasibility and formation of a Community Choice Aggregation (CCA) program under the provisions of the Public Utilities Code Section 366.2 (referred to locally as Central Coast Community Energy, or CCCE) in order to provide electric service to customers within the City of San Luis Obispo and the San Luis Obispo region with the intent of achieving reduced greenhouse gas emissions, local renewable power development, competitive electric rates, and the implementation of energy conservation and other energy programs; and WHEREAS, the City of San Luis Obispo commissioned a technical study showing that a CCA program serving the City and surrounding communities would provide several benefits, including:  Providing customers, a choice of power providers and power supply options;  Increasing local control and involvement in energy rates and other energy-related matters;  Providing stable electric rates that are competitive with those provided by the incumbent utility;  Reducing greenhouse gas emissions arising from electricity use within the City and surrounding region;  Increasing local renewable generation capacity;  Increasing energy conservation and efficiency projects and programs;  Increasing regional energy self-sufficiency;  Improving the local economy resulting from the implementation of a CCA program and local renewable and energy efficiency projects over time; and WHEREAS, the Cities of San Luis Obispo and Morro Bay, formed a Joint Powers Agency creating Central Coast Community Energy (“CCCE.”) Under the Joint Powers Agreement, cities and towns within San Luis Obispo County and adjoining Counties as well as County governments may participate in the Central Coast Community Energy CCA program by adopting the JPA resolution and ordinance required by Public Utilities Code section 366.2. Public entities choosing to participate in the CCA program will have membership on the Board of Directors of CCCE as provided in the Joint Powers Agreement; and WHEREAS, CCCE will enter into Agreements with electric power suppliers and other service providers, and based upon those Agreements CCCE will be able to provide power to residents and businesses at rates that are competitive with those of the incumbent utility (“PG&E”). Once the California Public Utilities Commission certifies the Implementation Plan adopted by CCCE, CCCE will provide service to customers within the City of San Luis Obispo and the jurisdictions of those cities and counties that have chosen to participate in CCCE; and Item 6 Packet Pg. 17 Ordinance No. 1654 (2018 Series) Page 2 O 1654 WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt- out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to receive service from the incumbent utility will be able to do so at any time; and WHEREAS, on September 18 and October 2, the City Council held public hearings on the topic of CCA at which time interested persons had an opportunity to testify either in support of or opposition to the implementation of a CCA program serving the City of San Luis Obispo. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Authorization to Implement a Community Choice Aggregation Program. Based upon the forgoing, and in order to provide businesses and residents within the City of San Luis Obispo with a choice of power providers and with the benefits described above, the City Council hereby elects to implement a community choice aggregation program within the jurisdiction of the City by participating as a group in the Community Choice Aggregation Program of Central Coast Community Energy, as generally described in its Joint Powers Agreement. SECTION 3. Environmental Review. ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” as it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a)). Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)). The ordinance is also categorically exempt because it is an action taken by a regulatory agency to assume the maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs. § 15308). SECTION 4. Severability. If any section, sub-section, sentence, clause, or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, sub-section, sentence, clause, and phrase hereof, irrespective of the fact that one or more sections, sub-sections, sentences, clauses, and phrases be declared invalid. Item 6 Packet Pg. 18 Ordinance No. 1654 (2018 Series) Page 3 O 1654 SECTION 5. A summary of this Ordinance, together with the names of the 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 be adopted as an un-codified ordinance and shall be in full force and effective 30 days after its adoption. INTRODUCED on the 18th day of September 2018, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 2nd day of October 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 Item 6 Packet Pg. 19 Page intentionally left blank. Packet Pg. 20 Item 6 Meeting Date: 10/2/2018 FROM: J. Christine Dietrick, City Attorney Prepared By: Kelly White, Legal Assistant/Paralegal SUBJECT: REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES RECOMMENDATIONS 1. Approve the Request for Qualifications (RFQ) for Legal Services. 2. Authorize the City Attorney to create a 2019-2024 On-Call List from the proposals received. 3. Authorize the City Attorney to execute agreements with the On-Call list of law firms and/or attorneys on an as-needed basis. REPORT-IN-BRIEF The current On-Call List for Legal Services is set to expire in March 2019. Over the five-year life of that list, the City Attorney’s office has used the firms and attorneys from it more than 30 times in the process of procuring quality legal services for the City. At this time , the City Attorney asks that a new RFQ be issued in order to continue, for the next five years, the practice of maintaining an on-call list that can be used to quickly identify and engage needed legal services. DISCUSSION The purpose of the Request for Qualifications for Legal Services is to create a list of law firms or attorneys verified to possess necessary qualifications in a variety of practice areas for work that the City may need from 2019-2024. Typically, the City retains outside counsel in three different situations: 1) in matters that require specialized expertise; 2) in matters that present conflict of interest issues; and 3) in matters that exceed the capacity of the City Attorney’s Office, including significant litigation matters not covered by the City’s joint powers insurance authority. Often, the need for outside counsel arises on short notice, and there is no time to do a formal request for proposals. Furthermore, whether a formal request for proposals would be necessary is not always readily apparent. Generally, under the City’s Financial Management Manual, the City should issue a formal request for proposals for Consult ing Services if the expenditure is expected to exceed $14,999. With legal services, what begins as a small issue, advising on a discrete matter and contemplated to be completed within a budget of $14,999 or less, may become a larger issue, requiring a much larger budget, if litigation arises out of that matter. The City has recognized the benefit of pre-selecting consultants, so their services can be more- readily utilized. The City Attorney’s Office has maintained an on-call list since the last RFQ for Legal Services was issued in 2013. During that RFQ process, over 60 responses were received and reviewed before the current On-Call List of 37 consultants over 18 practice areas was created. This time, the City Attorney wishes to streamline the proposal process for consultants on the current On-Call List, where such firms are proposing terms similar to the current ones, which Packet Pg. 21 Item 7 may only require updating of fees, costs or team composition provisions. Whether it is via the Condensed Re-Proposal Form or a complete proposal, t he RFQ solicits submissions from interested law firms or attorneys stating their qualifications. As is current practice, t he oversight of the law firms or attorneys will be handled by the City Attorney’s Office. The law firms or attorneys will operate under the conditions of the agreement included in the RFQ. Individual projects will be scoped by the City department most invo lved with the particular engagement, the City Attorney and the outside attorney or firm. Specific cases or matters will be assigned either through a subsequent City Manager award if the anticipated cost is less than $100,000 or by Council if the anticipat ed cost exceeds $100,000. FISCAL IMPACT The RFQ, in and of itself, does not obligate any funds or commit the City to utilize any of the firms or attorneys placed on the list. Fiscal impact for scope of representation, including identifying the funds that will pay for the legal services, will be discussed at the time the City Attorney’s Office requests a contract award either from the Council or the City Manager, depending upon the anticipated cost of services and consistent with the City’s purchasing policies and rules. ALTERNATIVES Do not approve the RFQ release. The City Council could decline issuing the RFQ, which would mean, once the current On-Call List expires, the City Attorney’s Office would need to return to request Council authorization to issue a Request for Proposal (RFP) for each specific case or matter if time allows or solicit qualified counsel and request Council authorization for retention on a case by case basis, for matters exceeding $14,999. For matters with an anticipated cost of $7,500 to $14,999, the City Attorney’s Office would seek three informal bids, as outlined in the Financial Management Manual. A benefit of issuing the RFQ is that the City may become aware of a broader spectrum of law firms or attorneys providing certain s ervices, thereby increasing the City’s choices and maximizing the potential to obtain the highest quality and most cost-effective representation. Attachments: a - RFQ Package - On-Call List for Legal Services Packet Pg. 22 Item 7 Notice Requesting Qualifications for Legal Services On-Call Outside Counsel 2019-2024 The City of San Luis Obispo is requesting proposals for outside counsel legal services in a variety of different areas of law pursuant to Specification No. 91676. All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). Proposals will be reviewed as they are received. All proposals must be completely uploaded on BidSync at or before 5:00 p.m. on Friday, November 30, 2018. Proposals received after said time will not be considered. Proposals shall be submitted using the forms provided in the specification package. Proposals submitted in any manner not specified above will not be accepted. Specification packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Purchasing Analyst Dan Clancy at dclancy@slocity.org with any questions. Packet Pg. 23 Item 7 Specification No. 91676 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 5 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 10 Acceptance to the On-Call List Contract Term Contract Extension and Cost Increases for On-call Service Contracts Consultant Invoices and Payment Non-Exclusive Contract Proposal Content – Consultants Accepted onto the Current On-Call List Proposal Content – New Consultants Proposal Evaluation and Selection Proposal Review and Award Schedule Release of Reports and Information Alternative Proposals D. Agreement 13 E. Insurance Requirements 16 F. Forms 18 Proposal Submittal References Statement of Past Contract Disqualifications Condensed Re-Proposal Packet Pg. 24 Item 7 Section A DESCRIPTION OF WORK The City Attorney’s Office is responsible for providing all legal services for the City of San Luis Obispo, its City Council and its advisory bodies. In addition, the City Attorney serves as the City Prosecutor. The City Attorney’s Office regular staff consists of the City Attorney, Assistant City Attorney and Legal Assistant/Paralegal. The City retains outside counsel in three different situations: 1) in matters that require specialized expertise; 2) in matters that present conflict of interest issues; and 3) in matters that exceed the capacity of the City Attorney’s Office. The City is requesting proposals for outside counsel legal services in a variety of different areas of law, which shall include the following: The City requests detailed information regarding the qualifications of attorneys or law firms interested in providing legal services to the City to establish a list of qualified attorneys or law firms from which outside counsel may be selected. The goal is to establish a list of qualified firms and individuals in a variety of practice areas for work that the City may need during the five-year period, March 2019 – March 2024. The City is interested in retaining a diverse group of firms/individuals who will be placed on an on-call legal services list to provide high-quality legal services and who are dedicated to the mindful management of billed legal costs. Selection of outside counsel for all matters is based on the qualifications and practice area experience, quality of work, articulate approach to controlling costs and adhering to budgets, and effectiveness in communicating with the City. In addition to being placed on the qualified on-call list of legal services providers, selected attorneys or firms will enter into Legal Services Agreements for each specific matter, when a matter arises within the qualified practice area. LSAs for specific engagements will include (1) a written scope of work, (2) a capped “not to exceed” cost and the circumstances under which initial payment terms may be modified; and (3) the names of the individuals in the law firm assigned to work on the matter and their hourly rate(s), which shall be consistent with proposals submitted here. Placement on the on-call list does not guarantee that the firm or attorney will be engaged to provide services. Outside legal services will be used on an as-needed, case by case, or matter by matter basis. Specific assignments may include investigating, advising, or negotiating on behalf of the City; reviewing and/or drafting documents (transactional and litigation); and representation in court, administrative hearings and alternative dispute resolution proceedings. All work will be under the direction and supervision of the City Attorney, except those matters in which outside counsel is retained to provide conflict representation, in which case counsel may report directly to the City Council or other specified staff. Outside counsel engagements for which proposals are sought may involve one or more of the following areas: 1. Administrative Law 2. Appellate Proceedings and writs 3. Affordable Housing & Development Law 4. Code Enforcement 5. Conflict Counsel 6. Constitutional Law 7. Criminal procedure 8. Elections Law 9. Eminent Domain and Inverse Condemnation 10. Employment Issues and Litigation – Labor and Employment, Pension and Benefits Programs 11. Engineering, Design Professional and Public Works Contracting Issues and Litigation Packet Pg. 25 Item 7 12. Environmental Issues and Litigation, Federal and State Regulator y Issues, Endangered Species, Clear Air and Clean Water Acts 13. Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation 14. General civil litigation 15. General Municipal Services 16. Land Use issues and litigation, including California Environmental Quality Act and wireless communications land use and regulatory issues 17. Real Property 18. Water Rights Any Consultant that was accepted onto the current On-Call List for Outside Counsel (ending in March 2019 and displayed in the chart below) that would like request continued inclusion onto the 2019-2024 On-Call List in some or all of the same practice areas for which they were previously qualified may utilize the Condensed Re-Proposal Form to submit for this specification. To the extent that a previously qualified proposer has undergone a reorganization or other transition that has resulted in the establishment of a new or separate firm or legal entity, the newly created entity should propose pursuant to the standard proposal requirements as though submitting a first-time proposal. Only those entities that are still acting under the legal name by which they were accepted onto the existing on call list qualify to use the Condensed Re-Proposal Form. City’s Current On-Call List for Outside Counsel: Firm/Attorney Administrative Law Appellate Proceedings Affordable Housing Development Code Enforcement Conflict Counsel Constitutional Law Criminal Procedure Elections Law Eminent Domain & Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits PW - Engineering, Design Prof & Construction Contacting Issues & Lit Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation General Civil Litigation General Municipal Services Land Use Issues & Litigation, including CEQA Real Property Water Rights Adamski Moroski Madden Cumberland & Green X Aleshire Wynder X X X Alvarez Glasman & Colvin X X X X X Atkinson Andelson Loya Ruud Romo X X X X Atkinson Farasyn X X X Best Best & Krieger X X X X X X X X X X X X X X X X X X Brownstein Hyatt Farber Schreck X Burke Williams & Sorensen X X X X X X X X X X X X X X X X X X Carmel Naccasha X X X X X Colantuono & Levin X X X X X Packet Pg. 26 Item 7 Firm/Attorney Administrative Law Appellate Proceedings Affordable Housing Development Code Enforcement Conflict Counsel Constitutional Law Criminal Procedure Elections Law Eminent Domain & Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits PW - Engineering, Design Prof & Construction Contacting Issues & Lit Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation General Civil Litigation General Municipal Services Land Use Issues & Litigation, including CEQA Real Property Water Rights Densmore, Stephen X Farley Law Firm X X Goldfarb Lipman X X X Green deBortnowsky Quintanilla *firm dissolved 2015 X X X X X X X X X X X Hall Hieatt X Hanley & Fleischman X X X X Hanson Bridgett X X X X X X Jackson Lewis X Jarvis Fay Doporto & Gibson X X X X X X Jenkins & Hogan X X X X X X X X X X Jones & Mayer X X X X X X X X X Kane Ballmer & Berkman X X Lewis Brisbois Bisgaard & Smith X X X X X X X X X X X X X X X Liebert Cassidy Whitmore X Lozano Smith X X X X X X X X Meyers Nave X X X X X X X X X X X X X X X X Montoy Law Corp X X X X X X X X X Moscone Emblidge Sater & Otis X X X X X X X X Nossaman X X X X X Price Postel & Parma X X Renne Sloan Holtzman Sakai X X X X X Richards Watson Gershon X X X X X X X X X Rutan & Tucker X X X X X X X X X X X X X X Shute Mihaly Weinberg X X X X X X X X X Silver & Wright X Packet Pg. 27 Item 7 Firm/Attorney Administrative Law Appellate Proceedings Affordable Housing Development Code Enforcement Conflict Counsel Constitutional Law Criminal Procedure Elections Law Eminent Domain & Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits PW - Engineering, Design Prof & Construction Contacting Issues & Lit Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation General Civil Litigation General Municipal Services Land Use Issues & Litigation, including CEQA Real Property Water Rights Woodruff Spradlin & Smart X X Zappia Law Firm X X Packet Pg. 28 Item 7 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ 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 Consultants 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 Consultant’s insurance coverage during proposal evaluation; as discussed below, endorsements are not required until Consultant is engaged for a specific matter . The City’s insurance requirements are detailed in Section E. 4. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice or submit a revised 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 Requesting Qualifications for Legal Services” will be considered. 5. Communications. All questions related to the solicitation must be submitted on BidSync on or before the date indicated on the RFQ. Other requests for information must be submitted to the Purchasing Analyst indicated as a contact on the solicitation. CONTRACT AWARD AND EXECUTION 6. 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. 7. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision. Packet Pg. 29 Item 7 8. Commitment to Proposal Terms. The Consultant to whom award is made shall execute a written letter of assent with the City within ten (10) calendar days after notice of on call selection has been sent by mail to it at the address given in its proposal. Subsequent contracts for engagement on particular matters shall be made in the form adopted by the City and incorporated in these specifications. 9. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after Consultant is engaged for a specific matter . 10. Business License & Tax. The Consultant 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) 781-7430. CONTRACT PERFORMANCE 11. Ability to Perform. The Consultant warrants that it possesses licenses and qualifications necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 12. Compliance with Laws and Wage Rates. The Consultant 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. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 13. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay. 14. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary at its own expense. 15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 16. Preservation of City Property. The Consultant 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 Consultant’s operations, it shall be replaced or restored at the Consultant’s expense. The facilities shall be replaced or restored to a condition as go od as when the Consultant began work. 17. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 18. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. Packet Pg. 30 Item 7 19. Work Delays. Should the Consultant 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 Consultant. 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. 20. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by the Consultant (Net 30). 21. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this Agreement. 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 Consultant of any of its obligations to fulfill its contract requirements. 22. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Consultant in preparing its invoices to City as a condition precedent to any payment to Consultant. 23. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this engagement. The Consultant 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 Consultant further covenants that, in the performance of this work, no sub - consultant or person having such an interest shall be employed. The Consultant 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 Consultant shall at all times be deemed an independent Consultant and not an employee of the City. 24. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 25. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or vi olation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. Packet Pg. 31 Item 7 26. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 27. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City. Any substitution of sub -consultants must be approved in writing by the City. 28. Contract Assignment. The Consultant 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 cons ent of the City. 29. Working Out of Scope. If, at any time during the project, the Consultant is directed to do work by persons other than the City Attorney and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the City Attorney immediately. If the City Attorney and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Attorney shall be at Consultant's own expense. 30. Termination for Convenience. The City may terminate all or part of the contract for any or no reason at any time by giving 30 days written notice to Consultant. For termination of any services pursuant to the contract, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected in the contract. Upon termination notice from the City, Consultant must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 31. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant 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 Consultant 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 Consultant’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 Consultant 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 Consultant as may be set forth in the contract payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall work scope. Packet Pg. 32 Item 7 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 t he Consultant be entitled to receive in excess of the compensation quoted in its proposal. If, at any time during the term of the contract, the City determines that the project is not feasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be paid compensation due and payable to the date of termination. Packet Pg. 33 Item 7 Section C SPECIAL TERMS AND CONDITIONS 1. Acceptance to the On-Call List. Subject to the reservations set forth in Paragraph 6 of Section B (General Terms and Conditions) of these specifications, Consultants will be accepted to the On-Call List based on their qualifications and practice area experience, quality of work, articulate approach to controlling costs and adhering to budgets, and effectiveness in communicating with the City. 2. Contract Term. The services identified in these specifications will be used by the City during the Term described in any Agreement executed between the City and a Consultant accepted onto the 2019-2024 On-Call List. 3. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be extended by mutual, written consent for an additional year. During this ext ended period, labor rates may be increased to reflect increased labor costs and overhead at the 1 -year contract anniversary, provided the City is notified of the increases in advance. 4. Consultant Invoices and Payment. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub -consultant invoices, similarly broken down, as supporting detail. For on-call services, the City will pay, and the Consultant shall receive compensation as agreed to on a project by project basis. Hourly rates include direct salary costs, employee benefits, overhead and fee. The City's payment terms are 30 days from the receipt of an original invoice. 5. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term. 6. Proposal Content – Consultants Accepted onto the Current On-Call List. Your proposal must include the following information: Submittal Forms a. Proposal Submittal Form (with acknowledgment of specifications) b. Certificate of insurance c. Condensed Re-Proposal Form 7. Proposal Content – New Consultants. Your proposal must include the following information: Submittal Forms a. Proposal Submittal Form (with acknowledgment of specifications) b. Certificate of insurance c. References Form (including at least three firms for which similar services have been provided) d. Statement of Past Contract Disqualifications Form Qualifications Packet Pg. 34 Item 7 e. Identify each of the practice areas listed in Section A: Description of Work, that the attorney or firm desires to be considered for in this RFQ process f. Experience of your firm in performing assignments in the proposed practice areas. g. Experience of the staff to be assigned to the project in the proposed practice areas h. Resumes of the individuals who would be performing services i. Experience in having a co-counsel relationship with in-house counsel j. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. k. Any other information that would assist us in making this award decision Fee Structure l. Provide information on the hourly rates for all staff that would be necessary to render services m. Provide a list of expenses that the attorneys or law firms propose to bill in addition to legal fees and the basis for such expenses n. If rates are to be adjusted during the course of representation, the method for such adjustment should be described o. Provide alternatives to hourly billing, including fixed price representation. 8. Proposal Evaluation and Selection. Proposals will be evaluated by the City Attorney’s Office at they are received based on the following criteria: a. Proposal Review/ Candidate Selectio n to the List The City will develop a list of firms based upon the responses to this RFQ. Responses will be evaluated by the City Attorney’s Office. Price will not be the controlling factor in selecting firms for the list, but price will be a factor in making work assignments. A firm is not entitled to be placed on the list or entitled to work solely on the basis of submission of a low -price quotation. The City Attorney will evaluate the responses based on the proposal content, and any further information that may be requested for clarification. Attorneys and firms qualified for acceptance onto the 2019-2024 On-Call List will be notified of their selection, qualifying practice areas and asked to formally accept a position on the list. Once the list is established, specific firms and individual attorneys may be selected for execution of an agreement during the life of the list. b. Consultant Selection and Compensation Acceptance onto the 2019-2024 On-Call List does not guarantee that any case or matter or number of cases or matters will be assigned to outside counsel. The decision to retain outside counsel will be that of the City on a case by case basis or matter by matter basis. Proposed fee structures should take into account the five-year life of the list, and proposers are encouraged to include any fee escalator information that will be relevant to cost evaluation. The City reserves the right to enter into agreements for legal services with persons or firms who do not respond. The City further reserves the right to waive responses to any part of this request if, in its sole judgment, it determines that it is in the best interests of the City to do so. The City may require any Respondent to participate in negotiations and to submit such other information or documentation as it may deem necessary as conditions of awarding a contract. Packet Pg. 35 Item 7 The City reserves the right to va ry or waive requirements for different Respondents as shall fit the City’s needs for a particular type of engagement or area of representation. 9. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP [10/2/2018] b. Receive proposals [10/2/2018 – 11/30/2018] c. Complete proposal evaluation [1/15/2018] (estimate only) d. Issue On-Call List Acceptance Letters [2/8/2018] (estimate only) 10. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant 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 Consultant without the prior written approval of the City. 11. Alternative Proposals. The Consultant may submit an alternative proposal (or proposals) that it believes will also meet the City’s project objectives but in a different way. In this case, the Consultant must provide an analysis of the advantages and disadvantages of each of the alternatives and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum l ength of the proposal may be expanded proportionately by the number of alternatives submitted. Packet Pg. 36 Item 7 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [Month, Day, Year] ______________ ______, _______ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], a [Consultant’s entity type], hereinafter referred to as Consultant. W I T N E S S E T H WHEREAS, on October 2, 2018, City requested qualifications and proposals for on-call legal counsel; and WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services; and WHEREAS, after review of Consultant’s proposal, City accepted Consultant onto its 2019-2024 On- Call List in at least one practice area, which includes [List the Practice Area that the Consultant qualified under which applies to this matter]; and WHEREAS, the City requires professional legal services in the practice area of [Repeat the Practice Area listed above] described further in the scope of work included in Exhibit A to this Agreement (the “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 [Month, Day, Year Agreement is to commence] until [EITHER: acceptance of completion of said services OR Month, Day, Year to end] and the total costs for services related to this project shall not exceed [Dollar amount approved by the appropriate Purchasing Authority] without express written consent signed by both parties. 2. Incorporation by Reference. City Specification No. 91676 and Consultant’s proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. City’s Obligations. For providing the Services as specified in this Agreement, City will pay, and Consultant shall receive therefor , compensation as stated in Consultant’s proposal and confirmed in Exhibit A to this Agreement. 4. Consultant’s Obligations. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification, and the under the specific scope of work included in Exhibit A to 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 Attorney. Packet Pg. 37 Item 7 6. Agreement Parties. City: City Attorney’s Office City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Consultant: [……………….] [……………….] [……………….] All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 7. Complete Agreement. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. 8. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: [CONSULTANT]: _____________________________________ _______________________________ J. Christine Dietrick, By: [Name of Authorized Representative] City Attorney Its: [Title of Authorized Representative] Packet Pg. 38 Item 7 Exhibit A to Agreement Detailed Scope of Work for the Services: [To be filled out by Consultant] Names of the individuals in the law firm assigned to provide the Services: [To be filled out by Consultant] Confirmation of the rates proposed for the work of the individuals named above: [To be filled out by Consultant] Packet Pg. 39 Item 7 Section E INSURANCE REQUIREMENTS: Consultant Services The Consultant 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 Consultant, 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. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies ar e 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 Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection a fforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 3. The Consultant’s insurance shall apply separately to ea ch insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Packet Pg. 40 Item 7 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. Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Packet Pg. 41 Item 7 PROPOSAL SUBMITTAL FORM ACKNOWLEDMENT The undersigned declares that she or he: ◼ has carefully examined Specification No. 91676, which is hereby made a part of this proposal. ◼ is thoroughly familiar with its contents. ◼ is authorized to represent the proposing Consultant. ◼ agrees to perform the work as set forth in this proposal. ❑ Certificate of insurance attached; insurance company’s A.M. Best rating: _____________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Packet Pg. 42 Item 7 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: ___________________. Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional informati on 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 project outcome 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 project outcome 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 project outcome Packet Pg. 43 Item 7 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Consultant 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 viola tion 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 Consultant Representative Packet Pg. 44 Item 7 CONDENSED RE-PROPOSAL FORM 1. Name of Consultant (as it appears in the City’s Current On-Call List for Outside Counsel): 2. Practice Areas Currently Qualified Under that you wish to be considered for Carry-Forward (Please check carefully the City’s Current On-Call List for Outside Counsel in Section A as requests for carry-forward that do not match current qu alifications may cause your proposal to be rejected.: Mark Practice Areas Currently Qualified Under Mark Practice Areas Desired for Carry-Forward Administrative Law Administrative Law Appellate Proceedings Appellate Proceedings and writs Affordable Housing Development Affordable Housing & Development Law Code Enforcement Code Enforcement Conflict Counsel Conflict Counsel Constitutional Law Constitutional Law Criminal Procedure Criminal procedure Elections Law Elections Law Eminent Domain & Inverse Condemnation Eminent Domain and Inverse Condemnation Employment Issues & Litigation - Labor & Employment, Pension & Benefits Employment Issues and Litigation – Labor and Employment, Pension and Benefits Programs PW - Engineering, Design Prof & Construction Contacting Issues & Lit Engineering, Design Professional and Public Works Contracting Issues and Litigation Environmental Issues & Litigation, Federal & State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Environmental Issues and Litigation, Federal and State Regulatory Issues, Endangered Species, Clear Air and Clean Water Acts Finances Services - Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) & Taxation Financial Services, Infrastructure, Financing, Fees (Community Facility Districts, Assessment Districts, etc.) and taxation General Civil Litigation General civil litigation General Municipal Services General Municipal Services Land Use Issues & Litigation, including CEQA Land Use issues and litigation, including California Environmental Quality Act and wireless communications land use and regulatory issues Real Property Real Property Water Rights Water Rights 3. Names of the individuals in the law firm to be assigned to provide the Services: [describe here or attach as Exhibit A] 4. Confirmation of the rates proposed for the work of the individuals named above: [describe here or attach as Exhibit B] Packet Pg. 45 Item 7 Page intentionally left blank. Packet Pg. 46 Item 7 Meeting Date: 10/2/2018 FROM: Michael Codron, Community Development Director Prepared By: Kyle Bell, Associate Planner SUBJECT: IMPLEMENTATION OF THE 2018 ZONING REGULATIONS COMPREHENSIVE UPDATE (TITLE 17 OF CITY’S MUNICIPAL CODE). RECOMMENDATION Adopt a resolution (Attachment A) approving the implementation of the 2018 Zoning Regulations Comprehensive Update and status of development project applications subject to its implementation, Ordinance No. 1650 (2018 Series). DISCUSSION Comprehensive Zoning Update On September 18, 2018, the City Council voted unanimously to adopt an ordinance which comprehensively updates the City’s Zoning Regulations, Title 17 of the City’s Municipal Code. The Zoning Regulations Ordinance will become effective on October 19, 2018, (30 days afte r Ordinance adoption). Broadly, a project does not “vest” until the applicant spends substantial sums or incurs substantial liabilities in good faith reliance on an issued permit. An agency however, can legislatively create an earlier vesting date in order to provide greater certainty and clarity. Some State laws though, such as the Subdivision Map Act, only allow an agency to apply the rules, regulations and policies at the time a vesting tentative tract map is “deemed complete” which is a term of art under the Permit Streamlining Act. The purpose of the proposed recommendation and draft Resolution is to provide staff and the public with a clear understanding regarding which zoning regulations apply to various projects which are at different stages of the application and permitting process. Specifically, the Resolution states that only the following projects are subject to updated Zoning Code regulations: 1. Planning or subdivision applications “deemed complete” on or after October 19, 2018; 2. Submittal of a complete building permit application on or after October 19, 2018; 3. Applicants may elect to have their projects processed under the provision of the new code even if their applications were deemed complete prior to October 19, 2018. Minor revisions to Municipal Code Chapter 2.48 (Architectural Review Commission), Advisory Body by-laws, and other minor inconsistencies with City ordinances or policies created by the 2018 Zoning Regulations update will be processed under separate amendments. ENVIRONMENTAL REVIEW The project is not subject to the California Environmental Quality Act under the General Rule Packet Pg. 47 Item 8 Exemption (CEQA Guidelines Sec. 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a sign ificant effect on the environment. Establishing the effective date of the 2018 Zoning Regulations Comprehensive Update will have no effect on the environment. FISCAL There is no fiscal impact for establishing the effective date of the new Zoning Regu lations. ALTERNATIVE Modify the effective date of development projects – The City Council may provide modifications to the effective date of the 2018 Zoning Regulations as it applies to specific development applications. Attachments: a - Draft Resolution Packet Pg. 48 Item 8 R ______ RESOLUTION NO. _______ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, IMPLEMENTING THE 2018 ZONING REGULATIONS COMPREHENSIVE UPDATE (ZONING REGULATIONS UPDATE, GENP-0327-2017) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a series of public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, culminating on June 27, 2018 with a recommendation to the City Council to adopt amendments to Title 17 of the Municipal Code (Zoning Regulations) to implement the 2014 Land Use and Circulation E lement Updates; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on August 21, 2018, for the purpose of introducing an Ordinance to comprehensively update the Zoning Regulations; and WHEREAS, the City Council of the City of San Luis Obispo in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California on September 18, 2018, adopt ed the 2018 Zoning Regulations Comprehensive Update; and WHEREAS, by this Resolution, the City Council desires to provide staff and the public with greater certainty and clarity regarding the implementation of the 2018 Zoning Regulations Comprehensive Update. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Review. The project is not subject to the California Environmental Quality Act under the General Rule Exemption (CEQA Guidelines Sec. 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significa nt effect on the environment. Establishing the effective date of the 2018 Zoning Regulations Comprehensive Update will have no effect on the environment. Packet Pg. 49 Item 8 Resolution No. _______________ (2018 Series) Page 2 R ______ SECTION 2. Action. The following project applications shall subject to updated Zoning Regulations as set forth in Ordinance No. 1650 (2018 Series): 1. Planning applications which have been “deemed complete” on or after October 19, 2018. 2. Submittal of a complete building permit application on or after October 19, 2018. 3. Applicants may elect to have their projects processed under the provision of the new code even if their applications were deemed complete or submitted prior to October 19, 2018. Upon motion of _______________________, seconded by _______________________, and on the following roll call vo te: AYES: NOES: ABSENT: The foregoing resolution was adopted this 2nd day of October 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Teresa Purrington, City Clerk Packet Pg. 50 Item 8 Meeting Date: 10/2/2018 FROM: Deanna Cantrell, Police Chief Prepared By: Chris Staley, Police Captain SUBJECT: COUNTY OF SAN LUIS OBISPO PRESENTATION ON MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES AND PROGRAMS RECOMMENDATION Receive a presentation on the mental health and drug and alcohol services and programs provided by the County of San Luis Obispo. DISCUSSION At the July 17, 2018 City Council meeting, after receiving a presentation on the 2016 -17 Grand Jury report, titled Residential Detoxification in San Luis Obispo Cou nty, the Council requested a presentation regarding an overview of mental health services and drug and alcohol services/programs the County of San Luis Obispo provides. Ann Robin, Behavioral Health Director will present information on services and progr ams the County provides to improve and maintain the health and safety of individuals and families affected by mental illness and/or substance abuse. ENVIRONMENTAL REVIEW Not Applicable FISCAL IMPACT There are no fiscal impacts associated with receivi ng the presentation. ALTERNATIVES There are no alternatives recommended. Packet Pg. 51 Item 9 Page intentionally left blank. Packet Pg. 52 Item 9 Meeting Date: 10/2/2018 FROM: Greg Hermann, Interim Deputy City Manager Prepared By: Molly Cano, Tourism Manager SUBJECT: 2017-18 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT DISTRICT RECOMMENDATION As recommended by the Tourism Business Improvement District (TBID) Board: 1. Receive and approve the Tourism Business Improvement District (TBID) Board’s 2017-18 annual report; and 2. Adopt a resolution of intention to levy and collect assessments within the TBID area in fiscal year 2018-19 at the same rate as in fiscal year 2017-18. DISCUSSION Background In June 2008, the Council adopted Ordinance No. 1517 establishing a tourism business improvement district as requested by the local lodging industry. The district was formed under the State’s Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code and codified into the City’s Municipal Code under Chapter 12.42. Pursuant to Municipal Code Section 12.42.060 and Sections 36530 and 36533 of the State’s Parking and Business Improvement Law, the appointed TBID Advisory Board is to submit an annual report (Attachment A) that outlines the past year’s efforts and how the funding was used and to what effect. Section 36534 further requires that after the approval of the annual report, the Co uncil shall adopt a resolution of intention (Attachment B) to levy an annual assessment for that fiscal year. The resolution also sets a public hearing in order to receive any written or oral protests against the continuation of the district as required by the applicable statute. Annual Report On September 17, 2018, the TBID Board met in a Special Meeting to finalize the 2017-18 annual report for recommendation to the City Council (Attachment C). Public noticing for the TBID Advisory Board meeting was performed through the posting of the agenda on the City’s website and in the kiosk in front of City Hall by 5:00 pm on September 12, 2018. For convenience, the agenda was also distributed to TBID constituents and stakeholders via email. The annual report reiterates the use of the TBID funds within the defined marketing platform that guides the strategy used to deliver on the TBID’s objective and goals. The report content includes: Packet Pg. 53 Item 10 1. TBID Background and Advisory Body 2. 2017-18 Year by the Numbers 3. Strategic Plan Implementation and Program Approach 4. 2017-18 Summary of Activities 5. 2017-18 Financial Statement 6. Looking Ahead to 2018-19 7. Charts and Graphs showing various results Next Steps Should the City Council approve the annual report and adopt the resolution of intention, a public hearing will be noticed for October 16, 2018. The public hearing will allow hoteliers to submit comments, voice concerns, and protest the assessment. As set forth in Sections 36524 and 36525 of the California Street s and Highways Code, the Council has the ability to continue the proposed citywide TBID at this public hearing, unless oral or written protests are received from City hoteliers that pay 50% or more of the proposed assessments. In that event, the Council ca nnot consider continuation of the TBID in the City of San Luis Obispo for at least one year. Noticing Schedule Legal notices regarding the City Council’s review and approval of the TBID annual report were sent to TBID properties on Friday, September 21, 2018. For convenience, the link to the agenda was also distributed to TBID constituents and stakeholders via email. FISCAL IMPACT The current unaudited year-end TBID Assessment Revenue for 2017-18 is $1,499,138 which is $34,751 more than the budgeted amount. In 2018-19, the TBID projected revenue is $1,473,400 and is budgeted for program costs including staffing. $29,500, or approximately 2% of 2018-19 TBID Assessment Revenue, is budgeted to cover the City’s administrative costs associated with collecting and disbursing the assessment. ALTERNATIVES The City Council may choose to not approve the report or levy the assessment. This action is not recommended as the advisory body has fully reviewed the report and recommended the approval to City Council in order to move forward with the Public Hearing for the Tourism Business Improvement District. Attachments: a - SLOTBID Annual Report 2017–18 b - RESOLUTION OF INTENTION_2018 series_DRAFT c - September 17, 2018 TBID Special Meeting Minutes.DRAFT Packet Pg. 54 Item 10 SLO TBID ANNUAL REPORT 2017–2018 Packet Pg. 55 Item 10 2 SLO TBID Annual Report 2017-18 A Letter from the Chair A LETTER FROM THE CHAIR Wow, what a year! We continue to see increasing TOT collections with the 2017–18 fiscal year being up 1.9% YOY to nearly $7.5m; up over $200k to original forecast. This was in spite of a slight decrease of 0.8% in occupancy in the city to slightly under 71% for the year, pointing to an increase in average rate (up 2.7% to $147.41), and RevPAR (up 1.5%), to substantiate the increase in collections. We have enjoyed great leadership from Matt Wilkins, our immediate past board chair, who continues to play a major role in our direction as an organization. We also want to thank Kimberly Walker as she steps down from her board position to focus on the demands from her growing business. This year, we were fortunate to not have any major issues regarding weather or additional road closures allowing us to focus, along with Visit California and Visit SLO CAL, on the reopening of Highway 1 in late summer. On the other hand, we are quick to welcome our new constituents at La Quinta Inn & Suites San Luis Obispo, Hotel Serra, and Hotel San Luis Obispo in 2019. Our landscape is changing as is the market and our focus on competing with neighbors to the north, south, and west continues. We remain appreciative of the impact our key marketing and social media partners provide in helping us drive visitation to our community in the years to come. With the benefit of past successes like the “Money for a Rainy Day” program, our new focus on the “Be Here” campaign, and the intelligence we gained from market research we did on what drives SLO Tourism are all helping us formulate future marketing strategies to benefit all our hotel partners in the future. This research will also help steer guests to select our destination over other non-SLO municipalities for accommodations. This new and comprehensive strategic vision on behalf of our accommodation partners to help set them up for success is extremely encouraging. Our partnership with Cal Poly and the Office of Student Affairs (NTSP Program, Parent Program and the newly developed SLO Discovery Weekend), along with our VR experience at tradeshows, all position SLO to further lead the region in unique and inspiring marketing programs that are all part of our new 2 year marketing plan taking us from 2018-2020. All of this could not be done without the commitment and dedication of city staff to help provide consistency and support in the board’s efforts to further position SLO as the number one destination on the Central Coast. Sincerely, Bruce Skidmore Embassy Suites by Hilton San Luis Obispo SLO TBID Board Chair Packet Pg. 56 Item 10 3 SLO TBID Annual Report 2017-18 Table of Contents TABLE OF CONTENTS Background on TBID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Background ............................................4 Advisory Body ..........................................4 2017–18 Advisory Board ..................................4 Advisory Body Bylaws ...................................5 2017-18 Year By the Numbers (TOT) . . . . . . . . . . . . . . . . . . .6 Strategic Plan Implementation Year & Program Approach . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 TBID Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Snapshot of the Progress ................................8 Branding & Campaign ...................................9 Website ...............................................10 Media .................................................11 Email Marketing ........................................13 Social .................................................14 Public Relations ........................................17 Travel & Tradeshows ....................................18 Special Promotions .....................................19 Guest Services ........................................20 Strategic Partnerships ..................................21 Event Promotion ......................................23 Industry Relations .....................................24 Research .............................................25 2017–18 Financial Statement . . . . . . . . . . . . . . . . . . . . . . . . .27 Income ...............................................27 Expenditures ..........................................28 Looking Ahead to 2018–19 . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 TOT Chart 2017–18 ......................................31 TOT Month-to-Month 2017–18 ............................31 OCC Month-to-Month 2017–18 ..........................32 ADR Month-to-Month 2017–18 ..........................32 RevPar Month-to-Month 2017–18 ........................33 Visitor Personas .......................................34 Packet Pg. 57 Item 10 4 SLO TBID Annual Report 2017-18 Background on TBID BACKGROUND ON TBID BACKGROUND In June 2008 the City Council adopted Ordinance 1517 establishing the tourism business improvement district (TBID) in the City of San Luis Obispo as requested by the local lodging industry. The assessment of two percent of gross receipts for the district became effective on October 1, 2008 and the use of funds was defined in Section 12.42.030 of the Municipal Code as follow: “This ordinance is made and enacted pursuant to the provisions of the Parking and Business Improvement Area Law of 1989 (Sections 36500 et. seq., of the California Streets and Highways Code). The purpose of forming the district as a business improvement area under the Parking and Business Improvement Area Law of 1989 is to provide revenue to defray the costs of services, activities and programs promoting tourism which will benefit the operators of hotels in the district through the promotion of scenic, recreational, cultural and other attractions in the district as a tourist destination.” ADVISORY BODY The use of the assessment fund is based on the recommendation of the Tourism Business Improvement District advisory board that is staffed by City of San Luis Obispo hotel owners, operators, and/or managers. The board members are appointed by the City Council and serve for an initial term of four years with the opportunity to serve second term for a maximum of eight years. 2017-18 ADVISORY BOARD NAME PROPERTY TERM Bruce Skidmore (Chair)Embassy Suites 3/31/21 Kimberly Walker Granada Hotel & Bistro 3/31/21 LeBren Harris Hampton Inn & Suites by Hilton 3/31/21 Nipool Patel Lamplighter Inn & Suites 3/31/20 Pragna Patel-Muller Lexington Inn - SLO 3/31/19 Clint Pearce Madonna Inn 3/31/19 Matthew Wilkins (Past Chair)Sands Inn & Suites 3/31/20 Packet Pg. 58 Item 10 5 SLO TBID Annual Report 2017-18 ADVISORY BODY BYLAWS In addition to the governing City ordinance, the TBID Board established its advisory body bylaws and further defined its role and functions as: The functions and duties of the TBID Board shall include, but not be limited to, the following: A. Planning a comprehensive program to promote tourism to the City of San Luis Obispo and prepare an annual marketing program consistent with industry goals and objectives. B. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. C. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. D. Perform any other lawful tasks as directed by the Council. The Board meets monthly on the second Wednesday at 10 a.m. for its regular board meeting. In 2017–18, the Board met in 11 regular monthly meetings. Additionally, based on the continued implementation of the TBID 5-year Strategic Plan, the board maintained the standing subcommittees - the Management Committee and the Marketing Committee, each is made up of three board members. The Marketing Committee members also serve on the joint Event Promotion Committee with three members of the Promotional Coordinating Committee to consider event sponsorship commitments. In order to keep the lodging constituency abreast of all TBID business, the Board is assigned properties to laisse. Each board member is responsible for communication with his/her respective group of hotels. Staff continue to visit all properties at least once a year to personally bring TBID updates and marketing opportunities to each property. Background on TBIDPacket Pg. 59 Item 10 6 SLO TBID Annual Report 2017-18 2017-18 Year by the Numbers 2017-18 YEAR BY THE NUMBERS The 2017-18 fiscal year produced continued modest growth in the tourism industry in San Luis Obispo. The City collected nearly $7.5 million dollars (+1.9%) in transient occupancy tax (TOT) continuing the year-over- year trend of producing the largest collection ever recorded for the City of San Luis Obispo. Additionally, the collections slightly exceeded the City’s forecasted growth, which in turn contributed over $200,000 in additional revenue directly into the City’s General Fund. Although the TOT collection was strong for the City in 2017-18, for the second consecutive year the occupancy rate in the City showed a minor decrease (-0.8%) resulting in an average annual occupancy rate slightly under 71% for the year. While the occupancy rate decreased, the Average Daily Rate (ADR) was up 2.7% to $147.41. With the exception of July, every month within the year out rated the same month in the prior year. Additionally, the RevPAR, defined as Revenue Per Available Room, grew by 1.5% to $105.15. This means that although the occupancy was down, the lodging businesses received higher profits based on rate increases with less day-to-day impact on the properties. Additionally, the downtown Visitor Center, operated by the Chamber of Commerce, served nearly 85,000 in person guests. San Luis Obispo lodging properties achieved twenty-nine impacted or near sellout weekends in 2017-18. This is up from twenty-five in 2016-17. 2017-18 YEAR BY THE NUMBERS See the appendix for complete graphs. MEASUREMENT FY 2017-18 RESULT % CHANGE FROM FY 2016-17 TOT $7,498,864 1.9 % Occupancy 70.90 %-0.8 % ADR $ 147.41 2.7 % RevPAR $ 105.15 1.5 % Packet Pg. 60 Item 10 7 SLO TBID Annual Report 2017-18 Strategic Plan Implementation Year & Program Approach STRATEGIC PLAN IMPLEMENTATION YEAR & PROGRAM APPROACH In 2017-18 the TBID continued the focused implementation of the 5-year Strategic Clarity Plan, a document that serves as the framework for the direction and decisions made by the TBID Board for the tourism program. The plan defines the work programs for the TBID and is used as a guide for the decisions made for the overall promotion of San Luis Obispo. Within the plan, the TBID identified five Strategic Imperatives: • Deliver Smart Growth • Develop the SLO Brand • Build Meaningful Partnerships • Contribute to an Unforgettable SLO Experience • Ensure Organizational Excellence Mission The SLO TBID builds awareness to grow tourism, serving as the voice of San Luis Obispo. Values Integrity | Accountability | Adaptability | Collaboration | Determination | Innovation Unique Role of Value The SLO TBID provides the City of SLO with comprehensive tourism brand management through strategic partnerships and a robust marketing and promotional budget. Vision In SLO TBID manages the brand for the destination of San Luis Obispo, delivering balanced growth of tourism, with creativity and integrity. Vision Out San Luis Obispo is an unforgettable place where visitors engage in a unique lifestyle they aspire to, become emotionally attached, and return for renewal. Brand Intention Heart Side: Happy | Pride of Place | Inspiring | Relaxed | Rejuvenating Head Side: Experiential | Beautiful | Artisinal | Healthy | Authentic Strategic Imperatives Deliver Smart Growth | Develop the SLO Brand | Build Meaningful Partnerships | Contribute to an Unforgettable SLO Experience | Ensure Organizational Excellence Unique Value Proposition San Luis Obispo is an authentic and inviting California community where you can play, taste, explore, relax, and recharge. Strategic Clarity The elements of our Strategic Clarity are the SLO TBID’s “North Star” for the upcoming five fiscal years, setting the level of expectation and the tone and tenor of everything we plan. As we move into defining specific initiatives, our Strategic Clarity will serve as a touchstone. Vision In What kind of organizational culture are we committed to being? Vision Out What is the ideal future state we will strive to create? What are we committed to making happen?Mission What is most important to us as we strive to realize our vision? What is the focus of our work?Values What are the fundamental beliefs that shape how we work together to serve our mission? Unique Role of Value What unique and valuable role do we play amongst our peer organizations? HOW do we provide value? Strategic Imperatives What must be accomplished during the planning horizon? Unique Value Proposition What unique and sustainable value does the destination of San Luis Obispo deliver? WHY San Luis Obispo? Brand Intention WHAT is the experience we want our destination to be known for? Mission Values Unique Role of Value Vision In Vision Out Brand Intention Strategic Imperatives Unique Value Proposition Vision In Vision Out Mission Values Unique Role of Value Strategic Imperatives Unique Value Proposition Brand Intention Packet Pg. 61 Item 10 8 SLO TBID Annual Report 2017-18 TBID Activities TBID ACTIVITIES SNAPSHOT OF THE PROGRESS • Deployed “Be Here” campaign • 2017-19 Campaign Production - Radio - 360 Video & Custom VR Goggles - Digital Ads - Print Ads - Photography • Deployed “SLO Welcomes” campaign • Sold Out “Money for a Rainy Day” Promotion • Partnered with Visit SLO CAL on Co-Op placements and Taste Washington booth • Developed Cal Poly Parent & NSTP Program Partnership — SLO Discovery Weekend • New Tradeshow Booth with VR Experience • Partnered with Horizon for a video in Times Square & Canada’s PATH Video Network • Finished first-ever Market Research for SLO tourism efforts • Began developing the first two-year Marketing Plan 2018-2020 In order to implement the complex marketing programs, the TBID Board and staff work closely with the team of contractors including: AMF Media Group (formerly Barnett Cox & Associates) and Matchfire as the marketing agencies on record, and the San Luis Obispo Chamber of Commerce for Public Relations and Guest Service initiatives. Packet Pg. 62 Item 10 9 SLO TBID Annual Report 2017-18 TBID Activities BRANDING & CAMPAIGN The TBID manages the tourism brand for the destination of San Luis Obispo, delivering balanced growth of tourism, with creativity and integrity. The TBID uses the brand messaging pillars outlined below to showcase the unique offerings in San Luis Obispo. San Luis Obispo Brand Messaging Pillars: • Cultural • Culinary • Outdoor • Family • Cal Poly In fiscal year 2017-18, the TBID launched a new marketing campaign titled “Be Here”. The campaign messaging and aesthetic was meant to inspire visitors to feel like their true self in San Luis Obispo. The campaign creative featured statements like “Be inspired here.”, “Be bold here.”, and “Be happy here.” The messaging was accompanied by destination images taken in the first-person perspective with the simple call-to-action of, Be Here. To augment the brand messaging the TBID invested in a series of virtual reality videos. That allowed the prospective visitor to do just that, to virtually be in San Luis Obispo. Packet Pg. 63 Item 10 10 SLO TBID Annual Report 2017-18 WEBSITE www .SanLuisObispoVacations .com The City’s official tourism website, SanLuisObispoVacations.com is the primary marketing tool used to represent our destination. It is designed mainly for consumers, but also serves the travel trade, meeting planners, TBID members and media. It features robust content including a detailed calendar of events integrated with SLO Happenings, lodging property listings for all TBID constituents including hotels and permitted homestay properties, itinerary suggestions and features, the ShareSLO blog, and featured press coverage. Search Engine Optimization (SEO) ensures the relevancy and success of the TBID’s website. Organic search traffic to the site continues to stand as the top traffic channel, making up 33% of site sessions. The work is done monthly to optimize pages with top keywords, meta tags and meta descriptions, and ShareSLO blog posts and social content were created based on forecasted keyword and search trends. As a result, webpages now rank in the top position on Google for San Luis Obispo searches including Bubblegum Alley, SLO Getaway, SLO Happy Hours and Shopping. Key 2017–18 Website Results: • 18% increase in site sessions • 17% increase in average monthly users • 21% increase in referral traffic year-over-year Highlights of Website Activities: • Added 14 new pages and updated over 45 pages • Continued weekly events management • GDPR recommendations & implementation • ADA compliance audit & Implementation • SLO Happenings: proposal & transition TBID Activities 345,728 293,209 260,000 270,000 280,000 290,000 300,000 310,000 320,000 330,000 340,000 350,000 2017-2018 2016-2017 Sessions Packet Pg. 64 Item 10 11 SLO TBID Annual Report 2017-18 MEDIA The TBID paid media focus remained targeted in 2017-18 to dedicated geographic markets including Los Angeles, San Francisco, San Jose and San Diego. In addition, through county coordinated co-op advertising opportunities, the TBID expanded into new flight markets in Denver, Colorado and Seattle, Washington. Paid media was heavily dedicated toward digital display, mobile, email targeting and SEM. Programmatic and behavioral retargeting led to the highest performing campaign to-date. By using geo-proximity targeting in the digital media buy, which uses latitude and longitude to capture mobile device data, the TBID had the ability to capture late bookings and win over the weekend warriors making lodging property decisions while they are traveling near or through the area. The 2017-18 paid media strategy: • Focused on drive markets and new flight markets • Continued the successful digital campaign which includes programmatic, behavioral, email, and geo-proximity targeting & SEM • Increased budget for co-ops through SLO CAL in order to expand reach and maximize dollars • Further experimented with traditional media including print & digital advertorials, visitor guides and FM/streaming radio • Increased video pre-roll placements and decrease length of video TBID ActivitiesPacket Pg. 65 Item 10 12 SLO TBID Annual Report 2017-18 Print Advertising Limited print advertising placements were continued in the TBID’s media mix the 2017-18 fiscal year. Traditional print campaigns are an important tool to reach niche market visitors primarily in the mature demographic and to reinforce travel inspiration and build brand awareness for the destination. For the most part, the TBID placed print ads only in cooperative advertising campaigns with regional partners like Visit SLO CAL and Central Coast Tourism Council (CCTC). • SLO County Visitors Guide • Horizon Travel & Lifestyle Magazine advertorial placed in Wall Street Journal • CCTC Map Outdoor In fiscal year 2017-18, the TBID participated for the second time in an outdoor media advertising opportunity with Horizon Travel. The Board opted to pursue this opportunity again this year based on the success and direct return from the initial run three years ago. • Times Square Video partnership with Horizon - 2,000,000+ Impressions • Canada PATH Video Network partnership with Horizon -3,000,000 Impressions TBID Activities CUMULATIVE DIGITAL ADVERTISING MEASUREMENTS Total Number of Digital Ad Impressions 15,573,582 Total Number of Clicks 509,750 • TripAdvisor • Horizon advertorial (available online) • Programmatic Display & Gmail Targeting • SEM • YouTube video pre-rolls • Pandora • BANG advertorial & digital buy All print and digital advertising is directed toward the website or the toll-free phone number for more information on San Luis Obispo. Digital Media Online programmatic campaigns are the most effective marketing and advertising tool to target the drive markets in California for leisure travelers to San Luis Obispo. The TBID continues to use branded advertising to maximize online reach for the promotion of San Luis Obispo through strategic placement on top travel and lifestyle sites through a programmatic digital advertising program. In 2017-18, the advertising program for the TBID was focused on the mix of digital display that hit key websites to target the right customer, email targeting, and the use of video pre-roll and streaming music services like Pandora. Packet Pg. 66 Item 10 13 SLO TBID Annual Report 2017-18 TBID Activities EMAIL MARKETING The TBID continued to utilize email marketing activities through the newsletter to communicate regularly with potential visitors on activities in SLO to build brand loyalty and encourage repeat visitation and an extended length of stay. The newsletter promotes upcoming events and special promotions as well as compliments our seasonal advertising campaigns and partnerships. This year the TBID continued their focused attention on enhancing their email marketing efforts beyond the monthly newsletter. Their investment in marketing automation continued to garner new email subscribers through the TBID site with over 1,900 new subscribers in 2017–18. They continued the Welcome Series to acknowledge new subscribers which achieved a 57% open rate (compared to industry average of 20%). And they continued the Hotel Page Abandonment series which sent visitors a personalized email if they left hotel pages without taking action. This series achieved a 53% open rate including replied responses seeking additional support or commenting on their trip to the area after receiving the personalized email. Highlights: • 15% increase in database size • 1,930 submitted through new email sign-up form • 5 SLO Vacations’ e-newsletters • 2 ongoing, automated emails based on user behavior • 2 targeted emails for Money for a Rainy Day promotion • 1 targeted email for SLO 360 digital experience • 5 promotional emails for partnerships & events NEWSLETTER ACTIVITY MEASUREMENTS Total Number of Newsletters Sent 17 Database Size 26,744 Packet Pg. 67 Item 10 14 SLO TBID Annual Report 2017-18 TBID Activities SOCIAL This year, the TBID continued to captivate ShareSLO fans and grow their social media footprint through great, engaging content. They continued to leverage user-generated content in 2017-18, along with adding TBID created content including short form videos and a new SLO Welcomes series using #SLOWelcomes. With an emphasis on engaging site content, the TBID drove social traffic to SanLuisObispoVacations.com by linking to relevant content whenever possible. ShareSLO continues to maintain a network of engaged social fans on Facebook, Twitter and Instagram. The total social media engagements across all platforms was 193,834 – with Instagram out performing other channels by early double. The ShareSLO blog, featured on SanLuisObispoVacations.com continues to perform exceptionally well as a source to drive traffic to other sections of the website. In addition to general content each month, the ShareSLO blog featured dedicated campaigns including: SLO in the News, SLO Welcomes, Seasonal Things To Do, Romantic Getaway, Traveling with Kids, Sustainable Travel in SLO. Packet Pg. 68 Item 10 15 SLO TBID Annual Report 2017-18 2017-18 Social Activities Included: • Continued to focus on captivating user generated content and videos, driven by the “local perspective” content strategy • Consistent, daily community management • Cross-promotion on Cal Poly social channels • Collaboration with RaceSLO on Ambassador Toolkit • Launched pilot program with local influencers: Instagram Takeover • Participated in 4 Visit CA sponsored Twitter chats #PassionPassport, #DreamEats, #Kidifornia, #CaliforniaWild • Created & uploaded 9 new videos to ShareSLO’s YouTube channel Pride in the Plaza, Bubblegum Alley, SLO Welcomes, Top 5 Activities for Cal Poly Parents & Supporters, Cheap Eats in SLO Instagram 144,637 Facebook 41,673 Twitter 7,524 193,834 Total Social Media Engagements TBID Activities SHARESLO PROGRAM MEASUREMENTS Total Number of Blog Posts 37 Total Number of Fans 120,350 Total Hashtag Uses (Instagram & Twitter only) 34,847 Total Video Views (YouTube)41,863 Packet Pg. 69 Item 10 16 SLO TBID Annual Report 2017-18 TBID Activities Paid Media Results 2017–18 2016–17 % Change FACEBOOK Website Conversions Link Clicks 130,559 53,887 142% Actions 225,313 150,966 49% Impressions 4,758,629 3,294,166 44% Avg. CTR (All)2.87% 2.26%27% Avg. CTR (Link)2.61% 1.33%96% Promoted Posts Total Reach 712,945 953,384 25% Total Engagements 232,671 102,527 127% Paid Social Media In 2017–18 the TBID continued to invest in paid social media to enhance the effectiveness and reach of the ShareSLO brand on Facebook. Adding a paid element to the posts has helped to expand the reach and increase engagement among ShareSLO fans, followers, and friends. Paid promotion on social media is very cost effective for the TBID and provided the ability to extend the promotion of San Luis Obispo almost year- round. Paid social media included ads to drive website conversation and prompted posts. Packet Pg. 70 Item 10 17 SLO TBID Annual Report 2017-18 PUBLIC RELATIONS In 2017-18, the TBID and PCC continued to jointly hold a contract with the San Luis Obispo Chamber of Commerce for Public Relations efforts. On behalf of the City’s community promotions program, the SLO Chamber is responsible for establishing professional relationships with media outlets and journalists in various markets to build and maintain awareness of San Luis Obispo as a travel destination. The 2017-18 contract elements with the SLO Chamber for Public Relations included: pitching to media, bringing in media, coordinating media trips, sending out media releases, responding to natural media inquiries, use of the Chamber’s photography library for editorial requests and press releases, planning and executing press trips and developing media kits. This focused PR effort continued to prove success for San Luis Obispo. During the 2017-18 fiscal year, the PR activities generated at least 268 total mentions or media placements that highlighted San Luis Obispo in international, national, regional and even local publications. Top media coverage included: New York Times, Guardian, LA Times, Architectural Digest, Seattle Met, Alaska Airlines, National Geographic Explorer, Atlantic, Inc., and Goop. Additionally, coordinated media visits or press trips were secured to promote the destination with the goal of earning valuable editorial coverage. In fiscal year 2017-18, nearly 40 media outlets, both domestic and international were hosted in San Luis Obispo. Best of Lists • Happiest places in the US • Most charming towns & small cities in CA • Most tourist-friendly cities in the U.S. • Cities that can survive an apocalypse • Great CA fall trips • Secret Wine Country Escapes • Thanksgiving weekend getaways to take this year • Most Underrated City in California • Most joyful places to spend the holidays in the U.S. • Must-visit stops in northern CA • The world’s sexiest destinations • Top brewery visits of 2017 • College towns that parents won’t want to leave • CA’s best adventure towns • Best small towns to visit on a road trip of America • Most Underrated Stops on Your California Road Trip TBID Activities PUBLIC RELATIONS MEASUREMENTS Number of Mentions 268 Potential Reach 893,256,039 Packet Pg. 71 Item 10 18 SLO TBID Annual Report 2017-18 TRAVEL & TRADESHOWS Consumer Travel Shows The TBID continues to maximize the consumer travel show strategy. Consumer shows provide the TBID an opportunity to take San Luis Obispo on the road to key markets. In 2017-18 four consumer tradeshows were attended – two as San Luis Obispo initially and two in cooperation with other regional partners. The two individual shows were the San Diego Travel & Adventure Show and the Denver Travel & Adventure Show, and the two cooperative shows were Los Angeles Magazine Food Event in partnership with SLO Wine Association and Taste Washington with Visit SLO CAL. At these shows, the booth featured key information on San Luis Obispo including lodging information, maps and upcoming events – and showcased the new virtually reality experience for San Luis Obispo. Shows were selected based on their anticipated attendance, quality of attendees, and target drive and fly market location. Booth visitors were presented with the opportunity to enter to win a SLO Getaway sweepstakes. TBID Activities CONSUMER TRADE SHOW MEASUREMENTS Number of Shows Attended 4 Newsletter Registrations Collected 1,229 Industry Tradeshows For the second consecutive year, 2017–18 the TBID participated in the industry tradeshow IPW. The U.S. Travel Association’s IPW is the travel industry’s premier international marketplace and the largest generator of travel to the U.S. The TBID had previously participated in 2011 and 2012 but had since declined to focus on consumer only efforts. However, starting in 2017 and again in 2018, the TBID Board made a strategic decision to partner with Visit SLO CAL at the show. During the three-day show booked with intensive pre-scheduled business appointments, the TBID met with over 55 representatives interested in booking travel to San Luis Obispo. Packet Pg. 72 Item 10 19 SLO TBID Annual Report 2017-18 SPECIAL PROMOTIONS Money for a Rainy Day In 2017-18, the TBID Board ran for the third year a special promotional offer designed to drive overnight stays in the City of San Luis Obispo during the slowest months of the year. Through the promotion, visitors were required to book two consecutive nights at a lodging property in the City of San Luis Obispo between January – March 2018 and they would receive a $100 cash to spend how they choose. As a result, the promotion garnered 1,192 room nights during January through March. TBID ActivitiesPacket Pg. 73 Item 10 20 SLO TBID Annual Report 2017-18 TBID Activities GUEST SERVICES Through a dedicated contract with the TBID, the San Luis Obispo Chamber of Commerce provides a suite of guest services to the TBID. In 2017-18 this included: • Provide dedicated customer service for San Luis Obispo City hotels at the Downtown Visitor Center. • Provide a 800-number separate phone line exclusively for the TBID. Only SLO TBID properties will be recommended through this phone line. Provide staff to respond to a TBID-only phone line during Visitor Center Hours and return after hours phone calls. • Provide dedicated customer service on SanLuisObispoVacations.com with a Live Chat feature. *Trialed from August to October • Perform “hotel availability call arounds” and keep a record of current availability for all SLO City hotels. • Educate local hoteliers about the hotel availability program and how they may best utilize it. During fiscal year 2017-18, Visitor Center staff contacted every TBID property each week and maintained a record of which hotels were sold out and which have availability for each Thursday, Friday and Saturday as well as impacted weekdays throughout the year to help guests, who would otherwise need to call each property on their own to find a room in SLO. This service also allowed for TBID properties to refer their clients directly to the Visitor Center for centralized guest services. In addition, this information was widely utilized to assist visitors to the Visitor Center in keeping the traveler in the City of San Luis Obispo. Since July, 2017, the Chamber was able to make use of this availability information in conjunction with TBID marketing materials to refer SLO TBID properties nearly 15,000 times. In addition, the Chamber is contracted to answer each call made to the TBID’s 1-877-SLO-TOWN number, which is serves as a response tool to the TBID’s advertising efforts and digital presence. This creates the option for a ‘real person’ to assist in trip planning, ensuring that travelers seeking personal guidance have a friendly, live voice to shape their experience of San Luis Obispo before even arriving. The telephone number, 1-877-SLO-TOWN, is a separate line that rings in the Chamber and is used solely to refer and promote TBID properties. During fiscal year 2017-18 over 990 calls were answered on the 1-877-SLO-TOWN line, an increase of 9% over the prior year. Much of this is attributed to the seasonal promotions and fulfilment. Packet Pg. 74 Item 10 21 SLO TBID Annual Report 2017-18 STRATEGIC PARTNERSHIPS The TBID collaborates with numerous community partners and industry nonprofit organizations in marketing San Luis Obispo as a destination which makes the TBID more efficient in promotional activities. The TBID’s strategic partnerships allow the marketing agencies to build relationships with the organizations below, elevating the destination as a whole. Promotional opportunities with each organization give the TBID new platforms and audiences to build brand awareness. Top partnerships achievements include: Cal Poly Athletics • TBID maintains the exclusive hotel industry sponsor to advertise with Cal Poly Athletics • TBID hosted nearly 605 room nights for visiting teams, recruits, and coaches • ShareSLO first pitch throws at Cal Poly baseball games • CP Athletics Facebook page posts • Banner ad in ongoing Athletics newsletters • Cal Poly Alumni E-blast & Alumni Getaway Giveaway • Radio spots for basketball • Homecoming game ticket giveaway • New rotating graphics submitted for LED banner at Mott Gym • Soccer Visiting Teams Guide • ShareSLO Track & Field Meet • Program ad • :15 scoreboard video using new footage SLO Wine • Deployed e-newsletters to over 12,000 subscribers that included TBID content, logo, and links • Hosted travel, lifestyle, wine writers in San Luis Obispo for various media visits resulting in media coverage in: Wine Enthusiast, SF Gate & SF Chronicle, USA Today, LA Time, 805 Living, Chicago Tribune • The “Stay” page on SLOwine.com garnered over 30,000 views • Partnered to host an integrated marketing experience at LA Magazine’s The Food Event in October 2017 • Public Relations outreach efforts resulted in Wine Enthusiast naming SLO Top 10 Wine Destination in the World TBID ActivitiesPacket Pg. 75 Item 10 22 SLO TBID Annual Report 2017-18 STRATEGIC PARTNERSHIPS (CONT .) Cal Poly Office of Student Affairs: Parent Program & New Student and Transition Program Cal Poly New Student & Transition Programs (NSTP) sees over 50,000 guests of students and their families between Open House, Student Life Orientation Days, and Week of Welcome annually. Through this partnership in 2017-18, the TBID partnered with NSTP to engage and connect with our new students and their families from the college acceptance time to orientation. In addition to website presence and logo inclusion, the TBID activations include representation at the following events: • Open House • SLO Days • Week of Welcome/Move-in Weekend The Cal Poly Parent Program strategic partnership was a new for 2017-18. The TBID together with the Parent Program created a series of new events called SLO Discovery Weekends that provide intimate weekend gatherings in SLO for small groups of parents and families. During the pilot year, two SLO Discovery Weekend sessions were held. TBID ActivitiesPacket Pg. 76 Item 10 23 SLO TBID Annual Report 2017-18 EVENT PROMOTION In 2017–2018, the TBID sponsored, promoted, and was represented at local events of different shapes and sizes. Over the course of the year, the TBID continued to shape an event strategy to ensure all SLO TBID- sponsored events are well-aligned with the brand, and that expectations and best practices were clear. These guidelines allowed the TBID to reach visitors before, during, and after an event takes place, which in turn arms the TBID with the tools we need to leverage events to put heads in beds. In 2017–18, the TBID continued their approach to supporting a few of the sponsored events through agency support in campaign development, creative and media buys. Instead of simply funding out-of-area marketing, the TBID dedicated their sponsorship dollars along with the marketing agency time to help create and manage the out-of-area promotional campaigns. This strategy was successful for the TBID and the events. TBID Sponsored Events: • SLO Craft Beer Fest • SLO Wine Roll Out the Barrels • SLO Marathon & Half • Festival Mozaic’s Winter Mezzo • SLO Film Fest • Sustainable Ag Expo • Mission College Prep Winter Classic • Battle of the West - Grass Volleyball Tournament TBID Activities EVENT SPONSORSHIP MEASUREMENTS Number of Events Sponsored 7 Estimated Total Number of Event Attendees Reached through Sponsorship 20,000 Total Sponsorship Investment $ 118,000 Packet Pg. 77 Item 10 24 SLO TBID Annual Report 2017-18 INDUSTRY RELATIONS Visit California The Visit California partnership has been critical in the growth of our brand within the California Tourism product. San Luis Obispo has received coverage though the marketing activities performed by Visit California including travel trade, press, and industry outreach. Monthly submissions are uploaded to Visit California for media outreach, trade contacts, and newsletter content. Additionally the TBID maintains ongoing coordination to keep City of San Luis Obispo destination page up to date. ShareSLO also participated in Visit California sponsored Twitter chats. The TBID attended the Visit California Outlook Forum educational event in the spring. Central Coast Tourism Council The Central Coast Tourism Council (CCTC) is an organization of tourism and hospitality professionals whose marketing efforts accomplish collectively what no single tourism entity can do alone—promote the entire California Central Coast as a destination and maximize our members’ tourism revenue. The CCTC serves as the Central Coast’s voice in Sacramento, and partners with California Tourism’s global marketing and advertising campaigns. The TBID is actively involved in CCTC with the Tourism Manager as the President and Regional Board Member. In 2017-18, the TBID leveraged the CCTC activities through media and trade leads, blog and social presence, and international outreach. SLO CAL The TBID maintains participation with SLO CAL by having two representatives on the Board of Directors and the Tourism Manager on the Marketing Committee. The TBID Board leverages the partnership with Visit SLO CAL to promote San Luis Obispo on a national and international level- beyond the local and state reach the TBID’s marketing plan focus to achieve. The TBID’s participation in Visit SLO CAL also encompasses group sales, film commission, county-wide public relations, and county-wide special events like Restaurant Month and Wine Month. In 2017–18, the TBID partnered with Visit SLO CAL on many initiatives including: participation in IPW, Taste Washington, cooperative research studies, and social retargeting co-op ads. TBID ActivitiesPacket Pg. 78 Item 10 25 SLO TBID Annual Report 2017-18 SLO TBID Annual Report 2017-18 RESEARCH In 2017–18 the TBID invested in various research projects to better understand the visitor impact and behavior in San Luis Obispo. Visitor Volume & Economic Impact Through a partnership with Visit SLO CAL, the TBID invested in a study to identify the annual volume of visitors to the city of San Luis Obispo and the economic impact those visitors. The study concluded that tourism is a major contributor to the San Luis Obispo economy. In 2017, the 1.4 million visitors to San Luis Obispo spent $338 million in the city – with a total economic impact of $438 million in direct, indirect and induced impacts. Visitor spending generates income, jobs, and tax revenue. Since 2014, visitor spending has increased by 9.1% in the city of San Luis Obispo. In 2017, the city welcomed 1.4 million visitors to San Luis Obispo. The study shows that overnight visitors outpaced day visitors in 2017, to nearly 1 million visits a 4.8% growth, while day visitors increased 1% registering 500,000 visits. Altogether, since 2014 the total visits to San Luis Obispo have increased by 7.2%. 27% 23%19% 9% 8% 14% Source: Tourism Economics $93m of spending on Lodging $339m in total visitor spending $79m of spending on Food and beverage $46m of spending on Local transportation $30m of spending on Recreation Visitor spending in San Luis Obispo, 2017 Dollars, millions and percent of total $64m of spending on Retail $27m of spending on manufacturing (wineries) Visitor spending in San Luis Obispo | Tourism Economics 13 Visitors to San Luis Obispo spent nearly $338.4 million in 2017. Note: Lodging spending includes dollars spent on second homes Packet Pg. 79 Item 10 26 SLO TBID Annual Report 2017-18 SLO TBID Annual Report 2017-18 RESEARCH (CONT .) Market Research In the spring of 2018, the TBID completed a comprehensive market research report with the goal to determine: 1. If SLO City is losing visitors to neighboring destinations in SLO County 2. Find out why people visit SLO City 3. Determine what channels visitors are using to make travel decisions 4. Segment our visitors into personas to better understand where more opportunity exists within our target demographic The methodology included 200 intercepts surveys in San Luis Obispo, Pismo Beach and Paso Robles; 800 online surveys targeted in drive markets to people who have visited SLO County; 200 Denver and 200 Seattle online surveys to assess awareness and intent to travel; and persona segmentation on more than 20,000 people who have expressed interest in visiting SLO by signing up for our email database. From the research, the TBID inferred the following: that the city is losing some heads in beds to neighboring beach- front destinations and to Paso Robles for wine/culinary focused visitors; surveys showed a general lack of awareness of our destination, or lack of awareness of activities within our destination; and results showed a lack of consideration of SLO as a vacation destination. With this information, the TBID is poised to adjust the marketing strategy to differentiating the SLO experience and focusing on targeted personas to increase the share of visitors who are specifically interested in what San Luis Obispo has to offer. The City of San Luis Obispo visitor… • Travel as couples • Median age 44.5 • 73% college graduates • 38% have HHI of $150K+ per year • Majority travel without children See appendix for detailed persona information Packet Pg. 80 Item 10 27 SLO TBID Annual Report 2017-18 2017-18 FINANCIAL STATEMENT 2017-18 Financial Statement INCOME SOURCE 2017–18 TOT Revenue Assumption (Revised with Supplement)$7,294,000 TBID Assessment (20% of TOT Revenue) $1,458,800 2016–17 Requested Carryover $100,000 2016–17 Fund Balance $332,800 TBID Fund Reserve $100,000 TBID Program Budget $1,891,600 INCOME Packet Pg. 81 Item 10 28 SLO TBID Annual Report 2017-18 SLO TBID Annual Report 2017-18 EXPENDITURE ALLOCATED Operations/Staffing Administration Overhead (2% of TBID Assessment)$29,176 Staffing (1 FTE & .75 FTE)$215,000 Contracts & Marketing Projects AMF/Matchfire - Marketing Contract $833,700 Chamber of Commerce - Public Relations $51,000 Chamber of Commerce - Guest Services $42,000 Chamber of Commerce - Media Monitor $8,400 CCTC Black Diamond Co-op $1,200 FAM Trip Hosting (Media & Influencers)$11,000 AMF/Matchfire - Events Calendar Development $41,000 AMF/Matchfire - Promotional & Collateral Items $30,500 Partnerships Cal Poly Athletics $96,500 SLO Wine $18,000 SLO Wine Rooms $3,000 Cal Poly Student Affairs $20,000 Events Promotion General Events Promotion $120,500 Event Activation $2,000 Tradeshows Tradeshows & Travel Shows $45,000 Tourism Conferences $6,000 Tourism Organizations/Research Central Coast Tourism Council Membership $1,000 Smith Travel Report $3,000 Marketing & Persona Research Project $58,800 Support/Meetings Tourism Program Expenses $7,000 Total Allocated Expenditure $1,643,776 *This figure represents the total allocated expenditures. The difference will be available for carryover to the 2018-19 program budget. EXPENDITURES Packet Pg. 82 Item 10 29 SLO TBID Annual Report 2017-18 Looking Ahead to 2018-19 LOOKING AHEAD TO 2018–19 As the TBID moves into 2018–19, the Board is committed to the continued implementation of the final components of the 5-year Strategic Clarity Plan. In the next fiscal year, the Board will work through the process to review the accomplishments of the current plan and complete the develop of the next TBID Strategic Plan. The TBID will also begin the implementation of the new two-year marketing plan. Although it’s a year, AMF and Matchfire will thoroughly review, modify and update the plan each fiscal year as needed to ensure the TBID marketing efforts remain relevant and effective. It is imperative to acknowledge trends, be observant of growth or decline and make changes according to the current tourism climate on an ongoing basis. The SLO TBID Marketing Plan coupled with the SLO TBID Strategic Clarity Plan provides a foundation for building the City of SLO tourism brand and establishing real tactics for consistently improving tourism in the City of San Luis Obispo. The highest priority Strategic Clarity Plan initiatives for the 2018–2019 fiscal year, continue to be: • Deliver Smart Growth • Develop the SLO Brand • Build Meaningful Partnerships • Contribute to an Unforgettable SLO Experience Packet Pg. 83 Item 10 30 SLO TBID Annual Report 2017-18 Looking Ahead to 2018–19 LOOKING AHEAD TO 2018–19 (CONT .) The key program activities include: • Implementation of the 2018-20 Marketing Plan • Address the research findings by shifting our targeting, both geographically, demographically and psychographically, and incorporating a more focused message surrounding things to do in SLO • Grow new geographic markets including Seattle • Add assets to the campaign library, including additional first-person photography and a new first- person tourism video • Better target new audiences with relevant content and reengage existing audiences with relevant content to create repeat visitors • Create and deploy an influencer marketing strategy that shares real-time, authentic SLO experiences with social media audience • Integrate SLO Happenings as part of the ShareSLO campaign making it an ongoing weekly inclusion in editorial calendars • Leverage dedicated promotions funds to attract fall and winter stays and set aside funds for special opportunities to attract specific audiences out of market In addition, the TBID is looking forward to growing the district membership, to include new hotel properties coming into the City of San Luis Obispo. Packet Pg. 84 Item 10 31 SLO TBID Annual Report 2017-18 Appendix APPENDIX TOT CHART 2017-18 TOT MONTH TO MONTH 2017-18 0 20 40 60 80 100 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 200000 400000 600000 800000 1000000 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 2017-182016-172015-162014-152013-142012-132011-122010-112009-102008-09 0 20 40 60 80 100 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 200000 400000 600000 800000 1000000 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 2017-182016-172015-162014-152013-142012-132011-122010-112009-102008-09 Packet Pg. 85 Item 10 32 SLO TBID Annual Report 2017-18 Appendix OCC MONTH TO MONTH 2017-18 ADR MONTH TO MONTH 2017-18 0 20 40 60 80 100 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 2000004000006000008000001000000 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 010000002000000300000040000005000000600000070000008000000 2017-182016-172015-162014-152013-142012-132011-122010-112009-102008-09 0 30 60 90 120 150 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 50 100 150 200 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly Packet Pg. 86 Item 10 33 SLO TBID Annual Report 2017-18 Appendix REVPAR MONTH TO MONTH 2017-18 0 30 60 90 120 150 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly 0 50100150200 2017-182016-17 JunMayAprMarFebJanDecNovOctSeptAugJuly Packet Pg. 87 Item 10 34 SLO TBID Annual Report 2017-18 Appendix TRAVEL AS COUPLES The City of San Luis Obispo Visitor…VISITOR PERSONAS MEDIAN AGE 44.5 Age breakdown nearly even between U–35, 35–54, 55+ 73% COLLEGE GRADUATES 38% HAVE HHI OF $150K+ PER YEAR MAJORITY TRAVEL WITHOUT CHILDREN YOUNG DIGERATI UPPER CRUST The residents of Money & Brains seem to have it all—high incomes, advanced degrees, and sophisticated tastes to match their credentials. Many of these city dwellers are married couples with few children who live in fashionable homes on small, manicured lots with expensive cars in the driveway. Movers & Shakers are America's business class, a wealthy suburban world of dual income couples who are highly educated, typically between the ages of 45-64. Given its high percentage of executives and white collar professionals, there's a decided business bent to this segment as they enjoy reading business publications and visits to business oriented websites. Young Digerati are tech-savvy and live in fashionable neighborhoods on the urban fringe. Auent and highly educated, Young Digerati communities are typically filled with trend apartments and codos, fitness clubs and clothing boutiques, casual restaurants and all types of bars, from juice to coee to microbrew. Many have chosen to start families while remaining in an urban environment. The nation's most exclusive address, Upper Crust is a haven for wealthy empty-nesting couples over the age of 65. This segment has a high concentration of residents earning over $100k per year, and many posess a post-graduate degree. They have an oppulant standard of living—driving expensive cars and frequently eating out and traveling. Why Money & Brains matter for SLO… There are more Money & Brains residents in California than anywhere else in the United States, and they happen to live just a quick drive away in the Bay Area. They’re familiar with SLO and make up the largest portion of our interest list to-date. They may have attended Cal Poly, and perhaps their kids did, too. But now that they’re empty nesters, this group is ready to travel and has money to spend. They’re likely to put SLO on the list for its cultural and culinary experiences, and it’s just a short distance from home. Why Movers & Shakers matter for SLO… This business class has the most disposable income of SLO’s top 4 personas. They make up the second largest group in our interest database, and there’s good reason: Movers & Shakers are just a hop, skip, and a jump away in Marin County. They’re mostly empty nesters, but may have some older children in the house who aren’t likely to travel with them. Highly educated, the Movers & Shakers are looking for new experiences, and SLO has everything to oer them. Why Young Digerati matter for SLO… These auent 40-somethings lead busy lives, and want a getaway that’s quick, easy, and somewhat familiar. They’ll likely have kids in tow when they make their way from the Bay Area, and will need kid-friendly suggestions for restaurants, breweries, wineries, and other things to do. They travel to explore together, prioritizing experiences the whole family can enjoy over kids-only attractions. They’ll seek the outdoors, new and hip things to do, and photo-worthy moments with their loved ones. Why Upper Crust matter for SLO… Upper Crust residents have seen and done it all: they want to go where the crowds don’t go, and collect intimate moments, not Instagram photos. They’ll be looking for a laid back but sophisticated experience, which is just what SLO has to oer. Culinary, wine (specifically chardonnay), shopping and culture will appeal to this class. And if they come with friends, a round of golf may also be on the agenda. MONEY & BRAINS MOVERS & SHAKERS Reasons for Visiting… Family Trip or Getaway Weekend Relaxation, Weather, Restaurants, Scenery, Sightseeing, Outdoor Activities Attractions: Downtown, Mission Plaza, Creek Walk, Bubblegum Alley, Cal Poly, Hiking Biking Trails Proximity to the coast or visit new place Cross Visits… MORRO BAY Intercept interviews in City of SLO indicated that visitors may stay in Morro Bay, although visit SLO Of other destinations to visit, Morro Bay ranked highest, followed by Avila Beach and Pismo Beach Words/Phrases Used to Describe SLO… Beautiful 55%—Appears in Brand Intention Relaxing 10%—Appears in Brand Intention Friendly 8% Fun Peaceful Serene Online Survey: Beautiful, Picturesque, Relaxing, Fun, College Town, Quaint, Peaceful, Serene, Friendly Midlife success HHI $128k, 35-54, mostly with kids in household Highest index in San Francisco and Santa Clara Counties Listens to CBS radio Watches football and basketball Reads print edition New York Times and uses iPhone Auent, empty nests HHI $113k, mostly without kids in household Highest Index in Marin County Listens to news radio, classical, jazz Reads print edition of Wall Street Journal and New York Times Watches Fox Business Network and Golf Channel Auent, empty nests HHI $129k+, age 45-64, mostly without kids in household Highest index in Marin County Listens to news radio, CBS sports, adult alternative and talk/personality Reads newspaper on iPad Reads Wall Street Journal and New York Times Auent, empty nests HHI $105k, Age 55+, mostly without kids in household Highest index in San Mateo, San Francisco, Santa Clara Listens to news radio, jazz and classical Reads New York Times, paper edition, and Wall Street Journal Watches basketball Packet Pg. 88 Item 10 35 SLO TBID Annual Report 2017-18 SLO TBID Annual Report 2017-18 TRAVEL AS COUPLES The City of San Luis Obispo Visitor…VISITOR PERSONAS MEDIAN AGE 44.5 Age breakdown nearly even between U–35, 35–54, 55+ 73% COLLEGE GRADUATES 38% HAVE HHI OF $150K+ PER YEAR MAJORITY TRAVEL WITHOUT CHILDREN YOUNG DIGERATI UPPER CRUST The residents of Money & Brains seem to have it all—high incomes, advanced degrees, and sophisticated tastes to match their credentials. Many of these city dwellers are married couples with few children who live in fashionable homes on small, manicured lots with expensive cars in the driveway. Movers & Shakers are America's business class, a wealthy suburban world of dual income couples who are highly educated, typically between the ages of 45-64. Given its high percentage of executives and white collar professionals, there's a decided business bent to this segment as they enjoy reading business publications and visits to business oriented websites. Young Digerati are tech-savvy and live in fashionable neighborhoods on the urban fringe. Auent and highly educated, Young Digerati communities are typically filled with trend apartments and codos, fitness clubs and clothing boutiques, casual restaurants and all types of bars, from juice to coee to microbrew. Many have chosen to start families while remaining in an urban environment. The nation's most exclusive address, Upper Crust is a haven for wealthy empty-nesting couples over the age of 65. This segment has a high concentration of residents earning over $100k per year, and many posess a post-graduate degree. They have an oppulant standard of living—driving expensive cars and frequently eating out and traveling. Why Money & Brains matter for SLO… There are more Money & Brains residents in California than anywhere else in the United States, and they happen to live just a quick drive away in the Bay Area. They’re familiar with SLO and make up the largest portion of our interest list to-date. They may have attended Cal Poly, and perhaps their kids did, too. But now that they’re empty nesters, this group is ready to travel and has money to spend. They’re likely to put SLO on the list for its cultural and culinary experiences, and it’s just a short distance from home. Why Movers & Shakers matter for SLO… This business class has the most disposable income of SLO’s top 4 personas. They make up the second largest group in our interest database, and there’s good reason: Movers & Shakers are just a hop, skip, and a jump away in Marin County. They’re mostly empty nesters, but may have some older children in the house who aren’t likely to travel with them. Highly educated, the Movers & Shakers are looking for new experiences, and SLO has everything to oer them. Why Young Digerati matter for SLO… These auent 40-somethings lead busy lives, and want a getaway that’s quick, easy, and somewhat familiar. They’ll likely have kids in tow when they make their way from the Bay Area, and will need kid-friendly suggestions for restaurants, breweries, wineries, and other things to do. They travel to explore together, prioritizing experiences the whole family can enjoy over kids-only attractions. They’ll seek the outdoors, new and hip things to do, and photo-worthy moments with their loved ones. Why Upper Crust matter for SLO… Upper Crust residents have seen and done it all: they want to go where the crowds don’t go, and collect intimate moments, not Instagram photos. They’ll be looking for a laid back but sophisticated experience, which is just what SLO has to oer. Culinary, wine (specifically chardonnay), shopping and culture will appeal to this class. And if they come with friends, a round of golf may also be on the agenda. MONEY & BRAINSMOVERS & SHAKERS Reasons for Visiting… Family Trip or Getaway Weekend Relaxation, Weather, Restaurants, Scenery, Sightseeing, Outdoor Activities Attractions: Downtown, Mission Plaza, Creek Walk, Bubblegum Alley, Cal Poly, Hiking Biking Trails Proximity to the coast or visit new place Cross Visits… MORRO BAY Intercept interviews in City of SLO indicated that visitors may stay in Morro Bay, although visit SLO Of other destinations to visit, Morro Bay ranked highest, followed by Avila Beach and Pismo Beach Words/Phrases Used to Describe SLO… Beautiful 55%—Appears in Brand Intention Relaxing 10%—Appears in Brand Intention Friendly 8% Fun Peaceful Serene Online Survey: Beautiful, Picturesque, Relaxing, Fun, College Town, Quaint, Peaceful, Serene, Friendly Midlife success HHI $128k, 35-54, mostly with kids in household Highest index in San Francisco and Santa Clara Counties Listens to CBS radio Watches football and basketball Reads print edition New York Times and uses iPhone Auent, empty nests HHI $113k, mostly without kids in household Highest Index in Marin County Listens to news radio, classical, jazz Reads print edition of Wall Street Journal and New York Times Watches Fox Business Network and Golf Channel Auent, empty nests HHI $129k+, age 45-64, mostly without kids in household Highest index in Marin County Listens to news radio, CBS sports, adult alternative and talk/personality Reads newspaper on iPad Reads Wall Street Journal and New York Times Auent, empty nests HHI $105k, Age 55+, mostly without kids in household Highest index in San Mateo, San Francisco, Santa Clara Listens to news radio, jazz and classical Reads New York Times, paper edition, and Wall Street Journal Watches basketball Packet Pg. 89 Item 10 RESOLUTION NO. XXXX (2018 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DECLARING ITS INTENTION TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR 2018-19 WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self- assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the assessment went into effect on October 1, 2008; and WHEREAS, the City Council appointed an advisory board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS, the City Municipal Code and the Parking and Business Improvement Law require the advisory board to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, notices regarding the approval of the annual report were sent on September 21, 2018 to all assessed properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a) That the Tourism Business Improvement District Annual Report for fiscal year 201 7- 18 as filed by the advisory body is hereby approved. b) The San Luis Obispo City Council proposes to continue the established Tourism Business Improvement District in the City of San Luis Obispo in accordance with City Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections 36500 et seq. (Parking and Business Improvement Law of 1989). Packet Pg. 90 Item 10 Resolution No. _____ (2018 Series) Page 2 R ______ c) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer a marketing program that increases overnight hotel stays pursuant to the set goals. d) The assessment will be levied and allocated by the City of San Luis Obispo. e) The assessment is proposed to be levied on all “hotels”, as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. f) The assessment shall be based on two percent (2%) of gross room rent. g) New hotels shall not be exempt from immediate assessment. h) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36535 of the Streets and Highways Code, is to allow for comments on the District and proposed assessment, and is hereby set for 6 P.M., Tuesday, October 16, 2018, before the City Council of San Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California. i) At the public hearing, the testimony of all interested persons for or against the continuation of the District, the boundaries of the District, or the furnishing of specified types of improvements or activities will be heard. j) Any protest against the continuation of the City of San Luis Obispo Tourism Business Improvement District and the levying of the assessment, or any aspect thereof, may be made in writing. A protest may be withdrawn at any time before the conclusion of the public hearing. Any written protest shall contain a description of the business in which the person signing the protest is not shown on the official records of the City of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the author ized representative of the business. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401. k) If, at the conclusion of the public hearing, there are of record, written protests by the owners of businesses within the proposed San Luis Obispo Tourism Business Improvement District that will pay fifty percent (50%) or more of the total assessments of the entire San Luis Obispo Tourism Business Improvement District, no further proceedings to continue the San Luis Obispo Tourism Business Improvement District shall occur. New proceedings to form the San Luis Obispo Tourism Business Packet Pg. 91 Item 10 Resolution No. _____ (2018 Series) Page 3 R ______ Improvement District shall not be undertaken again for a period of at least one (1) year from the date of the finding. If the majority of written protests are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the San Luis Obispo Tourism Improvement District. BE IT FURTHER THEREFORE RESOLVED, the City Clerk is instructed to provide notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36534, subpart (a)(7) of t he Streets and Highways Code, to wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the City no less than seven days before the public hearing. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 201 8. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Teresa Purrington City Clerk Packet Pg. 92 Item 10 Minutes – Tourism Business Improvement District Board Meeting of August 9, 2017 Page 1 DRAFT Minutes TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD Monday, September 17, 2018 Special Meeting Tourism Business Improvement District Board CALL TO ORDER A Special Meeting of the Tourism Business Improvement District Board was called to order on Monday, September 17, 2018 at 8:08 a.m. in the Council Hearing Room, located at 990 Palm Street, San Luis Obispo, California, by Chair Skidmore. ROLL CALL Present: Board Members Chair Bruce Skidmore, LeBren Young-Harris, Dean Hutton and Vice Chair Matthew Wilkins Absent: Board Members Pragna Patel-Mueller, Clint Pearce, and Nipool Patel Staff: Tourism Manager Molly Cano, Tourism Coordinator Chantal Burns PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. OATH OF OFFICE Dean Hutton was sworn in. CONSENT AGENDA ACTION: MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER HARRIS, CARRIED 4-0, to approve the Consent Calendar Items C1 through C6. C1. Minutes of Special Meeting on Monday, August 20, 2018 C2. Smith Travel Report C3. Chamber Public Relations Report C4. AMF + Matchfire Marketing Report C5. Chamber Visitor Center Report C6. Transit Occupancy Tax (TOT) Report Packet Pg. 93 Item 10 DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 17, 2018 Page 2 PRESENTATIONS 1. Marketing Agency Monthly Report Representatives from AMF + Matchfire reviewed their monthly and upcoming marketing activities. Highlights included the new swag that has shipped, higher SEM metrics, website updates, over one hundred new leads from the email sign-up form, and over 2,300 book a hotel page views in August. Additionally, the agency representatives reviewed current strategic partnership engagements and the upcoming draft sizzle real. Public Comments: None. ---End of Public Comments--- No action was taken on this item 2. SLO Chamber of Commerce Monthly Report Chamber of Commerce representative Molly Kern, former Director of Communications and Business Education, and current Director of Governmental Affairs for the Chamber presented the monthly PR highlights. She also provided a looking ahead list of upcoming publications and public relation opportunities. Public Comments: None. ---End of Public Comments--- No action was taken on this item. Packet Pg. 94 Item 10 DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 17, 2018 Page 3 BUSINESS ITEMS 1. 2017-18 TBID Annual Report Tourism Manager Cano reviewed the 2017-18 Annual Report with the Board including highlights on the ten-year anniversary of the TBID, TOT results, branding and campaign efforts, research completed, travel and tradeshows, promotions, guest services, financial expenditures, and looking ahead to future goals and actions. The Board did not have any edits to the 2017-18 TBID Annual Report but did discuss future TBID liaison projects and Smith Travel Reporting. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY BOARD MEMBER HUTTON, SECOND BY BOARD CHAIR SKIDMORE, CARRIED 4-0, to approve 2017-18 TBID Annual Report. 2. 2018-20 Marketing Plan Marketing agency representatives walked the board members through the 2018-20 Marketing Plan while highlighting new or shifted sections on marketing objectives, research, brand pillars, media strategies, and changes in digital marketing. Public Comments: None. ---End of Public Comments--- ACTION: MOTION BY BOARD MEMBER WILKINS, SECOND BY BOARD MEMBER HUTTON, CARRIED 4-0, to approve the 2018-20 Marketing Plan as presented. 3. Goal Setting Parameters Tourism Manager Cano presented the City of San Luis Obispo’s Fiscal Health Response Plan and their two-year budget goal setting process. The TBID will begin to create goals in interest of the community and what they will recommend to City Council to consider while staying within the parameters and components of the plan. Board members will begin drafting goals at the next regularly scheduled board meeting. Public Comments: None. Packet Pg. 95 Item 10 DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 17, 2018 Page 4 ---End of Public Comments--- No action was taken on this item TBID LIAISON REPORTS & COMMUNICATIONS 1. Hotelier Update Board members provided updates on their liaison properties. With the addition of new board member Hutton, new liaison assignments will be provided and reviewed at the next regularly scheduled board meeting. 2. Management Committee Update Tourism Manager Cano reported on the Management Committee meeting of September 6, 2018. Highlights included potential STR reporting adjustments, the conference center feasibility study, and URL discussion. 3. Marketing Committee Update Marketing Committee members reported on the Marketing Committee meeting of September 5, 2018 reviewing the Live Oak Music Festival date confirmation, review of the Marketing and Media Plans, and the upcoming LA Magazine Food and Wine Event in partnership with SLO Wine. 4. PCC Update Vice Chair and PCC Committee Member Wilkins reviewed the actions from the PCC Meeting on August 8, 2018. 5. SLO CAL Update Tourism Manager Cano previewed Visit SLO CAL’s Marketing Committee’s potential co-op opportunities that will be reviewed with TBID’s Marketing Committee in further detail. 6. Tourism Program Update Tourism Manager Cano reviewed the following: • Cal Poly’s Move in Weekend success at SLO Days and Cal Poly Gathering on the Green, and Evening with the President Events • MINDBODY Bold Conference in San Diego • Central Coast Tourism Council Packet Pg. 96 Item 10 DRAFT Minutes – Tourism Business Improvement District Board Meeting of September 17, 2018 Page 5 • Strategic Partnerships with Cal Poly Athletics, Cal Poly Student Affairs, and SLO Wine Country. • Upcoming dates to remember ADJOURNMENT The meeting was adjourned at 10:17 a.m. The next Regular meeting of the Tourism Business Improvement District Board is scheduled for Wednesday, October 10, 2018 at 10:00 a.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo, California. APPROVED BY THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: XX/XX/XXXX Packet Pg. 97 Item 10 Page intentionally left blank. Packet Pg. 98 Item 10 Meeting Date: 10/2/2018 FROM: Derek Johnson, City Manager, Brigitte Elke, Interim Finance Director Prepared By: Alex Ferreira, Budget Manager SUBJECT: FINANCIAL PLAN SCHEDULE FOR 2019-21 RECOMMENDATION Approve the goal setting process and timetable for development of the 2019-21 Financial Plan. REPORT-IN-BRIEF This report sets forth the proposed Council goal setting process and schedule for the development of the City’s 2019-21 Financial Plan. The key dates and steps in the goal-setting process are summarized below and then discussed in greater detail. The Council meeting dates shown in June 2019 cover the review and ultimate adoption of the budget generated by staff following the Goal Setting process and Strategic Budget Direction. Proposed Key Council Meeting Dates: Goal-Setting Process for 2019-21 1) Tuesday, November 13, 2018 Special Meeting Setting the Stage. Provide the background needed for goal- setting by considering the current status of both long- and short-term goals previously adopted by the City. This meeting will focus on the incorporation of the City’s Fiscal Health Response Plan into the 2019-21 Financial Plan. 2) Tuesday, December 4, 2018 Regular Meeting Budget Foundation. Finalize plans for the goal-setting process including a deadline for submitting Council Member candidate goals; review Financial Plan policies and organization of the Financial Plan itself; review of long-term economic forecast; hold initial discussion on options to be considered for paying down the unfunded liabilities. 3) Wednesday, January 23, 2019 Special Workshop 6:30 to 9:30 p.m. Community Forum. Consider comments and suggested goals from residents, community groups, other interested individuals, and Council advisory bodies. 4) Saturday, February 9, 2019 Special Workshop 8:30 AM to 4:00 PM Council Goal-Setting Workshop. Discuss candidate goals presented at the Community Forum; consider Council member goals; prioritize and set Major City Goals. 5) Tuesday, February 5, 2019 Regular Meeting Mid-Year Report and Guiding Principles for Allocation of Resources. Review 2017-18 financial results based on the City’ Comprehensive Annual Financial Report; review the updated Five-Year Forecast; hold initial discussion on guiding principles for fund allocation within the 2019-21 Financial Plan framework and options to be considered for paying down the unfunded liabilities. Packet Pg. 99 Item 11 Proposed Key Council Meeting Dates: Goal-Setting Process for 2019-21 6) Tuesday, April 16, 2019 Regular Meeting Major City Goal Work Programs & Strategic Budget Direction. Conceptually approve detailed work programs for Major City Goals adopted by the Council; set strategic budget direction for preparation of the 2019-21 Financial Plan. 7) June 4, 2019 Regular Meeting Preliminary Budget Review. Hold workshops to review and discuss Preliminary Budget: General Fund and Enterprise Funds operating programs and General Fund CIP and rates. 8) Tuesday, June 18, 2019 Regular Meeting Continue Financial Plan Review and Adopt Budget. Hold a special meeting on June 25, if needed, to continue review and adopt budget. DISCUSSION Based on the City’s experience over the years, and informed by Council and community feedback, staff recommends beginning the two-year 2019-21 Financial Plan process with the Council setting the goals for the most important initiatives for the City to accomplish over the two years of the next financial plan. This has been a successful approach in assuring the most optimal achievement of the fundamental purpose of the City's budgetary process which is: Linking, through public engagement and decision-making processes, the interests of the community to optimize the allocation of financial resources to achieve the desired results. As mentioned above, staff is recommending a six-step process for identifying and reaching agreement on financial policies and the Council’s Major City Goals. Each of the five major goal setting steps is described in greater detail below: 1. “Setting the Stage” Workshop. A special meeting on Tuesday, November 13, 2018 will be devoted to a comprehensive review of the status of current City plans, goals, policies, and programs. This is an especially appropriate start as the Council goal-setting process should take into consideration the City’s adopted long-term plans, current t wo -year goals, and an updated fiscal outlook. Accordingly, staff plans to present reports on the following: a. Status of General Plan Programs. Staff plans to present an overview of the status of each General Plan program in each of the ten elements (over 400 programs in total). Organized by element, staff will provide a short summary of each program, whether it has been completed, and if not, a high-level assessment of how challenging it will be to complete. As two years ago, staff also plans to prese nt a similar summary of the status of the programs in the Conceptual Physical Plan for the City’s Center. While this is not a General Plan Element, it is referenced in the General Plan, and several of its programs are closely linked and provide a framework for Downtown development. Packet Pg. 100 Item 11 b. Long Term Capital Improvement Plan. This will provide a “high level” summary of the estimated costs of the new facilities and infrastructure that will be needed to implement the General Plan based on plans and policies previously adopted by the Council. c. Status of the Current Two-Year Major City Goals: Carryover and Spin-Offs. Since some of the Major City Goals may not be complete by June 2019, the unfinished work needed to complete them may be considered again as Major City Goals for the 2019-21 Financial Plan. For those goals where the specific work programs for 2017 -19 may be completed by June 2019, there may be “spin-off” tasks as a result. This is especially true for work programs where the objective was to complete plans or studies. A likely “spin- off” into 2019-21 may be the implementation of these studies. d. Status of Current Capital Improvement Plan (CIP) Projects. This report will present an overview of the status of all current CIP projects. It will also identify candidate projects for deletion or deferral based on their status and priority relative to other needs that have emerged since they were initially approved. Based on the volume of information to be conveyed at the “Setting the Stage Workshop,” it would be most effective to hold a dedicated budget workshop to ensure adequate time for the Council to ask questions and fully discuss any issues. 2. “Budget Foundation” Workshop. This meeting on Tuesday, December 4, 2018 will be dedicated to generating policy guidance from Council that will serve as the foundation for the City’s budget and goal-setting process. Staff plans to cover the following topics at this workshop: a. Finalize plans for the Community Forum and Council Goal-Setting Workshop. Staff will present a proposed approach for the forum and goal-setting workshop at this meeting. b. Review of Financial Plan policies contained in Section B of the 2017-19 Financial Plan and update or recommend changes as appropriate. This may include proposed changes to the existing fund balance targets for enterprise funds and the capital replacement funds. c. Review the organization of the Financial Plan and obtain Council guidance regarding the style of presentation expected or preferred by Council. d. Review the long-term economic forecast. e. Hold initial discussion on the considered options for paying down the unfunded liabilities. Based on Council feedback, staff would return in February with the plan reflecting these options. Getting guiding principles direction from the Council in February will be helpful in crafting the recommendations contained when Strategic Budget Direction is sought in April 2019. 3. Community Forum. Held on the evening of Wednesday, January 23, 2019, the purpose of this workshop is to solicit and discuss suggested goals and work programs from Council advisory bodies, community groups and interested individuals. Advisory Body goals will be developed during the fall of 2018 and submitted to staff in final for m by the mid November 2018. Based on last year’s attendance, staff plans on holding the forum at the Veterans’ Hall. Packet Pg. 101 Item 11 Other Community Outreach Efforts. Following Council approval of the budget calendar, staff will mail notices to community groups, governmental agencies, media organizations and interested individuals inviting them to participate in this process. In addition to these notices, staff plans to place display ads in The Tribune, SLO Journal, SLO City News, and New Times and use social media in order to encourage the broadest possible participation in this process. Information about the goal-setting and budget process will also be placed on the City’s web site and City Hall. Staff also intends to again insert a Community Budget Bulletin in all utility bills inviting the public to participate in the goal-setting and budget process and soliciting comments on the “three to five most important things for the City to do in the next two years.” In the past, this approach has generated hundreds of replies which were distributed to the Council along with a summary of the “top emerging themes.” 4. Mid-Year Report and Guiding Principles for Allocation of Resources. The Mid-Year Review and review of the Five-Year Forecast scheduled for Tuesday, February 5, 2019, will allow the Council an early opportunity to provide guiding principles and direction for paying down unfunded liabilities and efficient allocation of resources with the 2019 -21 Financial Plan focusing on community priorities. 5. Council Goal-Setting Workshop. Following the receipt of written and oral comments during the Community Forum, the Council goal-setting workshop will be held on Saturday, February 9, 2019 in the Council Chambers. This will be an all-day workshop to answer the question, “What are the most important, highest priority things for the City to accomplish over the next two years?” Council will be asked to provide up to five goals before the workshop which staff will organize and distribute prior to the workshop. As in the past, staff recommends the use of a professional facilitator to assist in prioritizing input into three categories, Major City Goals, Other Council Objectives, and Address as Resources Permit. Using an independent facilitator allows all Council members to participate fully in the process; and allows staff to devote their efforts to listening to the discussion. Moreover, the facilitator can assist the Council ensuring that the number and scope of the goals established are appropriate. 6. Major City Goal Work Programs and Strategic Budget Direction. On Tuesday, April 16, 2019, this workshop is a critical part of the budget process. It affords the City Council an opportunity to review the draft work programs and associated financial resources proposed to acco mplish Major City Goals established by the City Council in January. At this stage of the process the City Council provides direction on any changes needed to refine these work programs and resource allocations to better achieve the desired outcomes. Additionally, the City Council is asked to provide the City Manager with the key policy direction needed to allocate resources in line with Council’s expectations or to further amend budget or fiscal policies that align with Council direction. This process is extremely helpful so that the Preliminary Financial Plan that is presented to the City Council and community in May mirrors the Council’s expectations as much as possible. Packet Pg. 102 Item 11 At this meeting, staff will prepare detailed work programs for the Major City Goals in order to: a. Clearly define and scope the work program. b. Ensure that there is a clear understanding of the means used in pursuing the goal. c. Convert the general goal into specific action steps, so progress can be measured. Each work program will provide the following information: Objective. What is to be to accomplish? (This will be based on the objective adopted by the Council at the January 26th goal-setting workshop.) Discussion. What are the factors driving the need for this goal? What act ions have already been taken in trying to resolve this problem area? What are the key assumptions? What key challenges, constraints or obstacles can be expected in achieving this goal? What concerns, or issues will remain unresolved even if the goal is a chieved? Who are the key stakeholders? Action Plan. What specific tasks will need to be accomplished in order to achieve the goal, and when will they be completed? These “action steps” are the fundamental building blocks in defining and scoping the work program, and in monitoring the progress in accomplishing the goal over the next two years. Responsible Department. Who is accountable for getting it done? Financial and Staff Resources Required to Achieve the Goal. What will it take to achieve the goal? Will resources be needed (staffing, contract services, CIP project) to do this? Outcome: Final Work Product. What are the “deliverables?” 7. Budget Hearings and Budget Adoption. Budget hearings (also known as “Fund Reviews” including the City’s four enterprise funds) are currently scheduled for two consecutive meeting days in June. This will allow for a third meeting to be added for the approval of the 2019-21 Financial Plan, should the need arise. Council Advisory Body Participation Consistent with past Council direction, the advisory bodies will again play an important role in the goal-setting process by providing the Council with their recommended goals for 2019 -21. Staff will provide advisory body members with background materials outlining t heir important role in this process. An update on this process is also scheduled to be presented at the next quarterly meeting with the Mayor and advisory body chairs in October 2018. Lastly, staff liaisons are already beginning to work with Advisory Body Chairs in scheduling time for this purpose at upcoming advisory body meetings. Packet Pg. 103 Item 11 SUMMARY This report sets forth the proposed Council goal setting process and schedule for the development and ultimate adoption of the City’s 2019 -21 Financial Plan. Council will be asked to consider whether the budget workshop dates are acceptable or need to be changed to suit the needs for reviewing the preliminary financial plan. ENVIRONMENTAL IMPACT Approving the Financial Plan schedule for 2019-21 is not a project as considered by California Environmental Quality Act (CEQA) and does not require any environmental review. FISCAL IMPACT There is no direct fiscal impact from the adoption of the 2019 -21 Financial Plan and Goal Setting Schedule. The Goal Setting Process and the development of the Financial Plan inherently take considerable amounts of staff time. Publicizing the process and notification of interested parties will engender nominal advertising and mailing costs covered through current allocations in the City Clerk, and Finance budgets. Attachments: a - Proposed 2019-21 Financial Plan Schedule Packet Pg. 104 Item 11 Attachment A: 2019-21 Financial Plan Calendar: Proposed Key Dates for Council Date Responsible Action 1 October 2, 2018 Regular Meeting Council Approves 2019-21 Financial Plan Schedule 2 October 11, 2018 City Manager/ Finance Updates advisory body chairs on the goal-setting process at the Mayor’s quarterly meeting 3 November 6, 2018 Finance Sends letters inviting participation in goal-setting process to community groups and interested individuals. Begin inserting Community Budget Bulletins in utility bills 4 November 13, 2018 Advisory Bodies Provides recommended goals to Finance 5 November 13, 2018 Special Meeting Council Setting the Stage workshop on status of General Plan programs, long-term capital improvement plan (CIP), status of Major City Goals and Other Important Objectives, and CIP projects 6 November 20, 2018 Finance Distributes consolidated listing of draft recommended goals to advisory bodies for their review 7 December 4, 2018 Regular Meeting Council Budget Foundation: Finalizes goal-setting process and plans for Community Forum. Review and provides guidance regarding Financial Plan policies. 8 December 13, 2018 Finance Receives written comments from community groups and interested individuals, and any changes in goals from advisory bodies 9 January 23, 2019 Special Workshop Council Community Forum at the Veterans’ Hall to receive and review goals presented by individuals, community groups, and advisory bodies 10 February 5, 2019 Regular Meeting Council Mid-Year Report and Guiding Principals for Allocation for Resources. Review of results from 2017-18; Review Five Year Forecast; hold initial discussion on guiding principles for fund allocation within the 2019-21 Financial Plan framework and options to be considered for paying down unfunded liabilities. Packet Pg. 105 Item 11 Attachment A: 2019-21 Financial Plan Calendar: Proposed Key Dates for Council Date Responsible Action 11 February 9, 2019 Special Workshop Council Saturday Goal-Setting Workshop to discuss candidate goals presented at the January 23 Community Forum; discusses Council member goals distributed on January 28; prioritizes and sets Major City Goals 12 April 16, 2019 Special Workshop Council Approves detailed work programs for Major City Goals. Sets strategic budget direction in preparing Preliminary Financial Plan 13 May 13, 2019 City Manager Finalizes budget recommendations and issues preliminary budget 14 May 15, 2019 Planning Commission Reviews CIP for consistency with General Plan 15 June 4, 2019 Regular Meeting Council Holds evening workshops to review and discuss Preliminary Budget including General Fund and Enterprise Funds programs, CIP projects, and rates 16 June 18, 2019 Regular Meeting Council Holds continued Financial Plan review and adopts budget and rates. 17 June 25, 2019 Council If required, holds special meeting to continue review and adopt budget Packet Pg. 106 Item 11 Meeting Date: 10/2/2018 FROM: Daryl Grigsby, Public Works Directo r Prepared By: Alexander Fuchs, Parking Services Supervisor SUBJECT: AMEND TITLE 10 (VEHICLES & TRAFFIC) OF THE MUNICIPAL CODE TO UPDATE COMMERCIAL LOADING ZONE ACCESS AND USE REQUIREMENTS, ESTABLISH BUSINESS LICE NSE AND OTHER REQUIREMENTS, UPDATE VEHICLE TOW PROVISIONS AND OTHER TITLE 10 LANGUAGE CLEAN-UP RECOMMENDATION Introduce an ordinance amending Title 10 Vehicles and Traffic Regulations of the Municipal Code including commercial loading zone, vehicle tow provisions, and other Title language clean- up. DISCUSSION The proposed amendments to Title 10 (Vehicles and Traffic) of the Municipal Code are to update the loading zone sections (10.44.010, 10.44.020, 10.44.030, and 10.44.040) to allow the pick-up and drop-off of passengers in commercial loading zones. The purpose is to provide safe pick-up and drop-off locations for ride share companies such as Uber , Lyft, and taxi cab companies that operate within the City. Section 10.12.090 is also being revised to authorize parking enforcement staff to remove abandoned, illegally parked, or dangerously parked vehicles and trailers within the City right of way. The proposed amendments will also clean-up language in specific sections related to parking that more accurately reflect current parking operations including the use of License Plate Recognition (LPR) technology. See Attachment A for a full list of proposed Title 10 language updates. Commercial Loading Zone Updates In Summer 2017, the Police Department was cont acted by several Uber drivers that expressed concern with the lack of available parking spaces for dropping off and picking up passengers ; particularly in the evening and night time hours. Currently, ride share vehicles will stop in the number one and three lanes on Marsh Street and Higuera Street to pick-up and drop-off passengers when parking spaces are not available. Ride share drivers and Police staff recognize the vehicular and pedestrian safety hazards associated with vehicles stopping in travel lanes to pick-up and drop-off passengers. The Uber drivers requested that specific on-street metered parking spaces on Higuera Street between Garden Street and Broad Street be designated for passenger pick-up and drop-off after meter enforcement hours end at 6:00 PM. Police and Parking staff evaluated the request and determined that converting specific spaces for passenger pick -up and drop-off only after 6:00 Packet Pg. 107 Item 12 PM would be difficult to enforce as the parking meters would remain in place and additional signage would need to be installed, both of which may cause confusion to potential parkers. Staff developed an alternative approach to allow passenger vehicles use of the commercial loading zones to pick-up and drop-off passengers and to extend the enforcement hours of the commercial loading zones from 7:00 AM to 6:00 PM Monday to Saturday and 1:00 PM to 6:00 PM on Sunday to the new hours of 7:00 AM to 3:00 AM Monday to Saturday and 1:00 PM to 3:00 AM on Sunday. This will allow ride share vehicles multiple locations within the downtown area to safely pick-up and drop-off passengers. Enforcement of the loading zones from 9:00 AM to 6:00 PM would be the responsibility of the Parking Services Division, as it is presently, and enforcement from 6:00 PM to 3:00 AM would be the responsibility of the Police Department. Staff is recommending language changes to the loading zone sections of the Municipal Code that will allow for the implementation of the above alternative approach. Use of LPR Technology for Timed Enforcement Section 10.40.010 – Time Parking, which is used by Parking staff to enforce time limit parking in metered and non-metered areas, requires that a vehicle must move a minimum of one hundred fifty meters once the designated time at a parking space has elapsed. As currently written, a vehicle can park in a space for up to the posted time limit, drive one hundred fifty meters, and return to the same space if that space is available. This makes enforcement difficult when using LPR to enforce timed parking since the vehicle will appear that it has not moved between plate reads even though it has in fact moved and does not comply with the original intent of the rule. Staff recommends removing this language and instead require that, once the designated time in a parking space has elapsed, a vehicle may not return to a parking space on the same block face or within 500 feet of where previously parked on the same block face or to the same city parking facility for a three-hour period. This language update will reduce the chance of false reads because a vehicle will not legally be allowed to return to the same block face or within 500 feet of the previous parking space on the same block face and will make clear to the driver the legal requirements. The language update will also increase turnover, particularly in metered spaces in the downtown area, which is the primary purpose of having timed parking limits. Additional Language Clean-up Staff is also recommending a clean-up to various sections of the Municipal Code that pertain to parking enforcement. These changes include removal of language that specifies enforcement in municipal lots or parking structures and instead replaces it with the more general term ‘parking facilities’ as well as updates to the parking meter operational procedure section to remove outdated language. Below is a list of sections that include proposed language clean-up as detailed in Attachment A. • 10.36.235 – Restricted parking in certain city parking lots • 10.40.020 – Backing into parking space • 10.40.060 – Parking space markings • 10.52.040 – Operational procedure to be followed • 10.52.050 – Unlawful to allow vehicle to remain parked after expiration of time Packet Pg. 108 Item 12 CONCURRENCES The Police Department concurs with the proposed amendments to the loading zone se ctions of the Municipal Code. ENVIRONMENTAL REVIEW The recommended action is considered a “project” under the California Environmental Quality Act (CEQA) Guidelines; however, it is exempt from review per the general rule exemption sec. 15061(B)(3). FISCAL IMPACT Replacement of the commercial loading zone signs is estimated to cost $5,200 for materials and installation. The cost would be funded through the Parking Fund’s operating budget. ALTERNATIVE Deny approval of the Ordinance. City Council could choose to deny approval of the amendments to Title 10 of the Municipal Code. Staff does not recommend this alternative because the proposed amendments to Title 10 of the Municipal Code will increase vehicular and pedestrian safety in the downtown area, provide ride share vehicles with areas to pick-up and drop-off passengers, and clean-up language in parking operation specific sections. Attachments: a - Ordinance to Amend Title 10 of the Municipal Code Packet Pg. 109 Item 12 O ______ ORDINANCE NO. _____ (2018 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10 REGARDING VEHICLES AND TRAFFIC WHEREAS, The Public Works Department recognizes the need for certain designated employees to have the authority to remove vehicles from City streets in support of and coordination with the Police Department; and WHEREAS, the implementation of license plate reco gnition (LPR) technology for timed parking enforcement purposes requires that the timed parking section be amended to clarify how far a vehicle must move and for how long the vehicle must be moved before returning to the same area in order to improve the accuracy of parking enforcement and ensure compliance with this section; and WHEREAS, the City recognizes the need to accommodate ride share vehicles in the downtown area by allowing passenger vehicles the ability to load and unload passengers in commercial loading zones without being subject to citation; and WHEREAS, the City recognizes the need to allow passenger vehicles to be left unoccupied in passenger loading zones in order for certain activities to take place such as checking into a hotel or checking a student our from school without being subject to citation; and WHEREAS, parking specific sections must be updated to maintain consistent language throughout Title 10. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.12.090 of the San Luis Obispo Municipal Code, entitled Removal of vehicles from street by police officers permitted when, is hereby amended to read as follows: 10.12.090 Removal of vehicles from street by police officers or designated employees permitted when. Any regularly employed and salaried officer or designated employee of the police department or the public works department of this city may remove or cause to be removed: A. Any vehicle that has been parked or left standing upon a street or highway for seventy- two or more consecutive hours; B. Any vehicle which is parked or left standing upon a street or highway when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal; Packet Pg. 110 Item 12 Ordinance No. _____ (2018 Series) Page 2 O ______ C. Any vehicle which is parked or left upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installat ion of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement o f equipment, articles or structures of unusual size and the parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal; D. Any vehicle which is blocking designated fire lanes or alleys where parking is prohibited. SECTION 2. Section 10.36.235 of the San Luis Obispo Municipal Code, entitled Restricted parking in certain city parking lots, is hereby amended to read as follows: 10.36.235 Restricted parking in certain city parking lots facilities. No person shall stop, stand, park or leave standing a motor vehicle in any city parking lot facility or space where vehicular parking has been restricted by a resolution adopted by the council; provided, that signs specifying the restrictions, or conditions under which parking is permitted, shall have been posted at all entrances to such property or at designated spaces. Such signs shall be approved both as to wording and posting by the public works director or their designee(s)chief of police. SECTION 3. Section 10.40.010 of the San Luis Obispo Municipal Code, entitled Timed Parking, is hereby amended to read as follows: 10.40.010 Timed parking. When authorized signs, parking meters or curb markings have been determined by the public works director or their designee(s) to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours established by Section 10.52.030, for a period of time longer than designated time posted by sign, parking meter or curb marking. Green curb markings shall mean no standing or parking of time longer than ten minutes up to one hour. All other time designations shall be from one hour up to ten hours. Vehicle must move a minimum of one hundred fifty meters Once the designated time at an occupied space has elapsed, a vehicle may not return to a parking space in the same block face or within 500 feet o f where previously parked on the same block face or to the same city parking facility for a three -hour period. SECTION 4. Section 10.40.020 of the San Luis Obispo Municipal Code, entitled Backing into parking space, is hereby amended to read as follows: 10.40.020 Backing into parking space. No vehicle shall back in or park backwards in any city parking facility any municipal lot or parking structure space with the exception of two -wheeled motorized vehicles. Packet Pg. 111 Item 12 Ordinance No. _____ (2018 Series) Page 3 O ______ SECTION 5. Section 10.40.060 of the San Luis Obispo Municipal Code, entitled Parking space markings, is hereby amended to read as follows: 10.40.060 Parking space markings. A. The public works director or their designee(s) is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings on city streets and in municipal parking lots city parking facilities where authorized parking is permitted. B. When such parking space markings are placed on the highway or in city parking facilities a municipal parking lot, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space, unless the size or shape of such vehicle makes compliance impossible. SECTION 6. Section 10.44.010 of the San Luis Obispo Municipal Code, entitled Loading Zones – Markings – Authority, is hereby amended to read as follows: 10.44.010 Loading zones—Marking—Authority. A. The public works director or their designee(s) is authorized to determine and to mark loading zones and passenger loading zones as follows: 1. At any place in the central traffic district or any business district; 2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly. B. Loading zones shall be indicated by yellow paint upon the top and side of all curbs in the zones. C. Passenger loading zones shall be indicated by white paint upon the top and side of all curbs in the zones. SECTION 7. Section 10.44.020 of the San Luis Obispo Municipal Code, entitled Curb Markings – Meanings – Authority to place, is hereby amended to read as follows: 10.44.020 Curb markings—Meanings—Authority to place. The public works director or their designee(s) is authorized, subject to the provisions and limitations of this chapter, to place, and when required herein shall place, the following curb markings to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section. A. “Red” means no stopping, standing or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. B. “Yellow” means no stopping, standing or parking at any time between seven a.m. and six p.m. three a.m. every Monday to Saturday, and between one p.m. and six p.m. three a.m. every Sunday, unless otherwise indicated by posted signage, for any purpose other Packet Pg. 112 Item 12 Ordinance No. _____ (2018 Series) Page 4 O ______ than the commercial loading or unloading of materials by a commercially registered and licensed vehicle or a professionally signed passenger vehicle that displays an authorized commercial loading zone permit or for the purpose of loading and unloading of passengers by passenger vehicles. The commercial loading zone permit requirements and fee shall be established by resolution. C. “White” means no stopping, standing or parking for any purpose other than loading or unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox, which shall not extend beyond the time nece ssary therefor and in no event for more than be from three minutes to a maximum of ten minutes, and such restrictions shall apply between seven a.m. and six p.m. every Monday to Saturday, and between one p.m. and six p.m. every Sunday, and except as follow s: 1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply at all times. 2. When such zone is in front of a theater the restrictions shall apply at all times. D. When the public works director or their designee(s) as authorized under this chapter has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section. SECTION 8. Section 10.44.030 of the San Luis Obispo Municipal Code, entitled Yellow loading zone—Time restrictions for loading and unloading, is hereby amended to read as follows: 10.44.030 Yellow loading zone—Time restrictions for loading and unloading. A. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading materials or passengers for such time as is permitted in this section. B. The loading or unloading of materials shall be allowed only for those deliveries made by commercially registered and licensed vehicles or professionally signed passenger vehicles displaying an authorized commercial loading zone permit that is used for commercial business deliveries; also, the de livery or pickup of express and parcel post packages and United States mail. All other passenger vehicles not meeting the sign and permit requirements may not use a loading zone for any purpose except when the zone is not effective. The loading or unloading of materials shall not extend beyond the time necessary therefor and in no event for more than thirty (30) minutes. Evidence that there was no activity involving the loading or unloading of materials into or from a vehicle during any continuous period of time of eight minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. The council may, by resolution, temporarily extend the time for unloading and loading of materials at select locations when it is deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. Packet Pg. 113 Item 12 Ordinance No. _____ (2018 Series) Page 5 O ______ C. Permission herein granted to stop or stand a vehicle for the purpose of loading or unloading materials shall not extend beyond the time necessary therefor, and in no event for more than thirty minutes. Evidence that there was no activity involving the loading or unloading of materials into or from a vehicle during any continuous period of time o f eight minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. The council may, by resolution, temporarily extend the time for unloading and loading of materials at select locations when it is deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. The loading or unloading of passengers shall not extend beyond the time necessary therefor and in no event for more than three (3) minutes and during such time no person shall leave any such vehicle unattended. SECTION 9. Section 10.44.040 of the San Luis Obispo Municipal Code, entitled White zones—Time restrictions for loading and unloading, is hereby amended to read as follows: 10.44.040 White zones—Time restrictions for loading and unloading. A. No person shall stop, stand or park any vehicle in any passenger loading zone or any vehicle other than a taxicab in a specially marked loading zone for any purpose other than the loading or unloading of passengers for such time as is specified in this section. B. Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage and shall not extend beyond the time necessary therefor and in no event for more than three ten (10) minutes and during such time the vehicle may be left unoccupied to accommodate the use. C. The council, may, by resolution, allow taxicabs to stand in specially marked passenger loading zones and regular parking spaces for extended periods of time providing the driver is present in the cab. DC. Within the total time limits specified in this section the provisions of this section and Section 10.44.030 shall be enforced so as to accommodate necessary and reasonable loading or unloading, but without permitting abuse of the privileges hereby granted. SECTION 10. Section 10.52.040 of the San Luis Obispo Municipal Code, entitled Operational procedure to be followed, is hereby amended to read as follows: 10.52.040 Operational procedure to be followed. No person shall cause, allow or permit any vehicle to remain parked in any metered parking space unless a sign or signal indicating that meter fees have been paid is displayed by the adjacent parking meter. Immediately after occupancy of a parking meter space, the operator of a vehicle shall deposit a coin of the United States in the parking meter and if necessary turn a crank, knob or handle in accordance with the instructions posted on the face of the parking meter. Packet Pg. 114 Item 12 Ordinance No. _____ (2018 Series) Page 6 O ______ SECTION 11. Section 10.52.050 of the San Luis Obispo Municipal Code, entitled Unlawful to allow vehicle to remain parked after expiration of time , is hereby amended to read as follows: 10.52.050 Unlawful to allow vehicle to remain parked after expiration of time. No operator of any vehicle shall permit the vehicle to remain parked in any parking space during any time that the meter is showing a sign or signal indicating that such space is illegally in use other than such time immediately after the original occupancy as is necessary to operate the meter to show legal parking. SECTION 12. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 13. 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 t he expiration of thirty (30) days after its final passage. INTRODUCED on the ____ day of ____, 201X, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 201X, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk Packet Pg. 115 Item 12 Ordinance No. _____ (2018 Series) Page 7 O ______ APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo , California, this ______ day of ______________, _________. ______________________________ Teresa Purrington City Clerk Packet Pg. 116 Item 12 Meeting Date: 10/2/2018 FROM: Daryl Grigsby, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor SUBJECT: ESTABLISH FINE AMOUNTS FOR ELECTRIC VEHICLE CHARGING VIOLATIONS AND BICYCLE LANE VIOLATIONS AND AN INCREASE OF EXISTING PARKING VIOLATION FINE AMOUNTS RECOMMENDATION Adopt a resolution establishing new parking violations and associated fine amounts for emerging technologies such as public Electric Vehicle (EV) Charging stations and modify other violation, fine and forfeiture amounts effective January 1, 2019, January 1, 2021, and January 1, 2023. DISCUSSION The purpose of this item is to allow the City to enforce specific statutes of state law related to the unlawful parking of vehicles in EV parking spaces and in bicycle lanes. EV vehicles are rapidly becoming a greater portion of the fleet of privately-owned vehicles and EV technology is planned and has been approved for more public parking facilities in the City. New violations have been added to the California Vehicle Code (CVC) and staff is recommending that the City Council adopt a Resolution (Attachment A) to allow for the enforcement of new CVC codes and authorize multi-year increase to the parking violation fine amounts. This is similar to the multi- year rate increases approved by Council for the parking structure rates, meter rates, and permit rates in June 2017. Attachment A is a Resolution to increase parking violation fine amounts effective January 1, 2019, January 1, 2021, and January 1, 2023 and to establish violations and the associated fine amounts for three new parking violations that are already expressed in State Law as described in Exhibit A of the Resolution. The parking violations shown in bold and italicized font in Exhibit A are new violations for which the City does no t currently have a fine amount established and as a result, is unable to enforce. The violations that require local action expressed in the California Vehicle Code (CVC) are: • No stopping, standing, or parking in Class I bike path (CVC 21211 (a)) – initial fine amount $60 • No stopping, standing, or parking in Class II bike path (CVC 21211 (b)) – initial fine amount $60 • No stopping, standing, or parking in a parking stall designated for electric vehicle charging unless the vehicle is connected for charging purposes (CVC 22511.1) – initial fine amount $45 The new violation fine amounts and the subsequent fine amount increases will ensure that the City can continue to be effective at gaining compliance with state and local parking regulations. Packet Pg. 117 Item 13 Background In 2010, the City Council approved an increase of $13.00 to all parking violation fine amounts as a result of the County and State surcharge pass-throughs imposed on all parking violations issued in the Stat e of California. Since then, Council has approved increases to a few specific violations, but until now, staff has not proposed a comprehensive, multi-year fine schedule. Staff is recommending the approval of a multi-year comprehensive fine amount increase plan for all parking violation fine amounts instead of the sporadic increases approved in the past. The proposed Resolution defines three tiered increases over the five-year period from 2019-2024. The specific fine increases approved in 2017 are not scheduled to increase again until January 1, 2021 to maintain the relationship between comparable types of violations. The recommendation also includes the establishment of three new parking violation fine amounts each for a violation currently included in the California Vehicle Code (CVC) but not in the City’s Penalty Schedule. The City is unable to enforce parking laws unless the City has established a fine amount and included it in the City’s Penalty Schedule. Two of the new violation fine amounts will allow the City to issue citations to vehicles that are found to be stopping, standing, or parking upon bikeways, bicycle paths, and bicycle trails. CVC § 21211 generally prohibits persons from impeding or blocking the normal and reasonable movement of bicyclists upon a bikeway, bicycle path, or bicycle trail. Attachment B includes the full text of CVC § 21211. The associated fine amounts simply allow the City to enforce State law. Currently, vehicles found to be blocking or impeding can only be cited if appropriate signage is posted in the area and are cited using the City of San Luis Obispo Municipal Code (SLOMC) § 10.36.040 – No Parking Areas. Citing under CVC § 21211 is more directly related to the underlying violation and does not require posted signage to enforce. The third new violation and fine amount will allow the City to enforce parking spaces designated for electric vehicle charging. CVC § 22511.1 prohibits the standing or parking of a vehicle in a designated electric vehicle charging space unless the vehicle is parked and connected for electric charging purposes. Attachment C includes the full text of CVC § 22511.1. On September 4, 2018, Council approved a sole source contract with ChargePoint to install new electric vehicle (EV) charging stations; 33 of which will be available to the public. The C ity will not be able to ensure only EV vehicles are utilizing these parking space without an established fine amount. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “project” under CEQA Guidelines sec. 15278. Packet Pg. 118 Item 13 FISCAL IMPACT The intent of this resolution is to seek compliance and not increase citation revenue. F ine amount increases usually result in an increase in compliance with parking regulations and thus it is difficult to estimate the fiscal impact of the proposed changes. ALTERNATIVE Deny the adoption of the resolution. Staff does not recommend this alternative because the establishment of the new parking violations and fine amounts are necessary to enforce specific sections of the California Vehicle Code and the multi-year fine amount increases will help increase the compliance with state and local parking regulations. Attachments: a - Resolution Establishing New Parking Citation Fines and an Increase to Existing Fines b - CVC 21211 c - CVC 22511.1 Packet Pg. 119 Item 13 R ______ RESOLUTION NO. _____ (2018 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ESTABLISHING AND INCREASING PARKING CITATION FINES WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges for parking violations; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, the City wishes to provide secure and user -friendly parking for all users of the parking structures, surface parking lots, and metered park ing spaces; and WHEREAS, the City needs to be effective at enforcing State law regarding vehicles stopping, standing, and parking on bike paths, bike ways, and bike trials; and WHEREAS, the City needs to be able to enforce State law regarding unlawful use of electric vehicle (EV) charging spaces; and WHEREAS, the parking program needs to continue to be self-sufficient for its financial commitments; and WHEREAS, the Council considered the staff report and held a public meeting and considered the proposed changes to the parking citation fines and the establishment of new fines. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Packet Pg. 120 Item 13 Resolution No. _____ (2018 Series) Page 2 R ______ SECTION 1. Parking citation fines are hereby established for and effective on the dates as shown on Exhibit A attached hereto and incorporated herein. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2018. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo , California, this ______ day of ______________, _________. ____________________________________ Teresa Purrington City Clerk Packet Pg. 121 Item 13 Resolution No. _____ (2018 Series) Page 3 R ______ EXHIBIT A CITY OF SAN LUIS OBISPO PENALTY SCHEDULE CODE & SECTION DESCRIPTION FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 93 123 115 145 120 150 125 155 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 58 88 60 90 65 95 70 100 SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 58 88 60 90 65 95 70 100 SLMC 10.34.020 OVERNIGHT CAMPING (10pm - 6 am)100 130 115 145 120 150 125 155 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 33 63 40 70 45 75 50 80 SLMC 10.36.030 STOP/STAND/PARK IN VIOLATION OF CHAPTER 33 63 40 70 45 75 50 80 SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING - Also Taxi Zone (d)53 83 60 90 65 95 70 100 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 33 63 40 70 45 75 50 80 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 23 53 40 70 45 75 50 80 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 23 53 40 70 45 75 50 80 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 23 53 40 70 45 75 50 80 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 23 53 40 70 45 75 50 80 SLMC 10.36.110 PARKING ON GRADES 23 53 40 70 45 75 50 80 SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS 23 53 40 70 45 75 50 80 SLMC 10.36.130 EMERGENCY PARKING SIGNS 23 53 60 90 65 95 70 100 SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 23 53 60 90 65 95 70 100 SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 33 63 60 90 65 95 70 100 SLMC 10.36.160 NIGHTTIME PARKING OF VEH W/OPERATING AIR/REFRIGERATION 23 53 60 90 65 95 70 100 SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 38 68 40 70 45 75 50 80 SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS 28 58 45 75 50 80 55 85 SLMC 10.36.235 NO PERMIT LOT 45 75 45 75 50 80 55 85 SLMC 10.40.010 TIMED PARKING 10 MINUTES TO 10 HOURS (Overtime Parking)50 80 50 80 55 85 60 90 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 28 58 40 70 45 75 50 80 SLMC 10.40.040 PARKING PARALLEL ON ONE-WAY STREETS 21 51 40 70 45 75 50 80 SLMC 10.40.050 DIAGONAL PARKING 21 51 40 70 45 75 50 80 SLMC 10.40.060 PARKING SPACE MARKINGS 40 70 40 70 45 75 50 80 SLMC 10.40.070 NO STOPPING ZONE 21 51 60 90 65 95 70 100 SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED (3-5am)38 68 45 75 50 80 55 85 SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING/PARKING REGS.23 53 60 90 65 95 70 100 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD/UNLOAD IN YELLOW ZONE 53 83 55 85 60 90 65 95 SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD/UNLOAD IN WHITE ZONE 40 70 45 75 50 80 55 85 SLMC 10.44.050 STANDING IN ANY ALLEY 33 63 50 80 55 85 60 90 SLMC 10.44.070 DISABLED PARKING 338 368 338 368 340 370 345 375 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 58 88 60 90 65 95 70 100 SLMC 10.48.020 ADVERTISING VEHICLES 33 63 40 70 45 75 55 85 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 33 63 40 70 45 75 55 85 SLMC 10.48.040 TRUCK ROUTES 88 118 88 118 90 120 95 125 SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS 88 118 88 118 90 120 95 125 SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 88 118 88 118 90 120 95 125 SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES 23 53 40 70 45 75 50 80 SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 40 70 40 70 45 75 50 80 SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 15 45 50 80 55 85 60 90 SLMC 10.52.070 IMPROPER USE OF METER 15 45 40 70 45 75 50 80 SLMC 10.52.080 PARKING METERS/STANDARDS - PROPER USE 15 45 40 70 45 75 50 80 SLMC 10.52.110 MOTORCYCLE SPACES 15 45 45 75 50 80 55 85 CVC 5204(a)* CURRENT TAB IMPROPERLY ATTACHED *25 CVC 21211 (a) STOPPING/STANDING/PARKING CLASS I BIKE PATH - -60 90 65 95 70 100 CVC 21211 (b) STOPPING/STANDING/PARKING CLASS II BIKE PATH - -60 90 65 95 70 100 CVC 21113(a) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-MOVING 116 146 116 146 120 150 125 155 CVC 21113(b) VEHICLE OR ANIMAL ON PUBLIC GROUNDS-PARKING 33 63 40 70 45 75 50 80 CVC 21113 (c) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 33 63 40 70 45 75 50 80 CVC 22500.1 STOPPING/STANDING/PARKING: FIRE LANE 116 146 120 150 125 155 130 160 CVC 22500(a) STOPPING/STANDING/PARKING: WITHIN INTERSECTION 33 63 60 90 65 95 70 100 CVC 22500(b) STOPPING/STANDING/PARKING: ON A CROSSWALK 33 63 60 90 65 95 70 100 CVC 22500(c) STOPPING/STANDING/PARKING: BETWEEN SAFETY ZONE 33 63 60 90 65 95 70 100 CVC 22500(d) STOPPING/STANDING/PARKING: W/IN 15' FIREHOUSE ENTRANCE 33 63 60 90 65 95 70 100 CVC 22500(e) STOPPING/STANDING/PARKING: PUBLIC/PRIVATE DRIVEWAY 33 63 60 90 65 95 70 100 CVC 22500(f) STOPPING/STANDING/PARKING: ON SIDEWALK 33 63 60 90 65 95 70 100 CVC 22500(g) STOPPING/STANDING/PARKING: ALONG/OPPOSITE OBSTRUCT 33 63 60 90 65 95 70 100 CVC 22500(h) STOPPING/STANDING/PARKING: ON ROADWAY SIDE OF VEHICLE 33 63 60 90 65 95 70 100 Current Effective 1/1/2019 Effective 1/1/2021 Effective 1/1/2023 Packet Pg. 122 Item 13 Resolution No. _____ (2018 Series) Page 4 R ______ CITY OF SAN LUIS OBISPO PENALTY SCHEDULE CODE & SECTION DESCRIPTION FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE FINE FINE & LATE FEE CVC 22500(i)IMPROPER PARKING IN BUS ZONE 263 293 263 293 270 300 275 305 CVC 22500(j)STOPPING/STANDING/PARKING: IN TUBE OR TUNNEL 33 63 60 90 65 95 70 100 CVC 22500(k)STOPPING/STANDING/PARKING: UPON BRIDGE EXCEPT AUTH 33 63 60 90 65 95 70 100 CVC 22500(l)IMPROPER PARKING IN WHEELCHAIR ACCESS 263 293 288 318 290 320 295 325 CVC 22502(a)CURB PARKING -RIGHT WHEELS MORE THAN 18 INCHES FROM CURB 33 63 40 70 45 75 50 80 CVC 22502(b)PARKING OPPOSITE DIRECTION OF TRAFFIC 33 63 40 70 45 75 50 80 CVC 22502(e)CURB PARKING -LEFT WHEELS MORE THAN 18 INCHES FROM CURB 33 63 40 70 45 75 50 80 CVC 22504(a)UNINCORPORATED AREA PARKING 33 63 60 90 65 95 70 100 CVC 22505(a)PARKING ON STATE HIGHWAY WHERE SIGN POSTED 33 63 60 90 65 95 70 100 CVC 22505(b)POSTED NO PARKING - STATE HIGHWAY 33 63 60 90 65 95 70 100 CVC 22507 UNLAWFUL PARKING 33 63 60 90 65 95 70 100 CVC 22507.8 (a)PARKING IN SPACE FOR DISABLED 338 368 338 368 340 370 345 375 CVC 22507.8 (b)PARKING IN SPACE FOR DISABLED - OBSTRUCT/BLOCK 338 368 338 368 340 370 345 375 CVC 22507.8 (c)(1)PARKING IN SPACE FOR DISABLED - ON LINES MARKED 338 368 338 368 340 370 345 375 CVC 22507.8 (c)(2)PARKING IN SPACE FOR DISABLED - CROSSHATCHED LINES 338 368 338 368 340 370 345 375 CVC 22510 PARKING IN SNOW REMOVAL AREAS 3 33 3 33 3 33 3 33 CVC 22511.1 UNLAWFUL TO PARK UNLESS EV CHARGING --45 75 50 80 55 60 CVC 22511.7 DISABLED ZONE 338 368 338 368 340 370 345 375 CVC 22512 VEHICLE UNATTENDED 116 146 120 150 125 155 130 160 CVC 22513 TOW CARS - PARKING ON FREEWAY 33 63 60 90 65 95 70 100 CVC 22514 FIRE HYDRANTS 63 93 70 100 75 105 80 110 CVC 22515(a)UNATTENDED VEHICLES - SET BRAKES/STOP MOTOR 33 63 40 70 45 75 50 80 CVC 22515(b)UNATTENDED VEHICLES - SET BRAKES/WHEELS/PREVENT MOVE 33 63 40 70 45 75 50 80 CVC 22516 LOCKED VEHICLE 116 146 120 150 125 155 130 160 CVC 22517 OPENING AND CLOSING DOORS 116 146 120 150 125 155 130 160 CVC 22520.5 VENDING ON FREEWAY RIGHT-OF-WAY 116 146 120 150 125 155 130 160 CVC 22520.5(a)VENDING ON FREEWAY RIGHT-OF-WAY 116 146 120 150 125 155 130 160 CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 33 63 60 90 65 95 70 100 CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 288 318 288 318 290 320 295 325 CVC 22523(a)VEHICLE ABANDONMENT- On Highway 283 313 283 313 290 320 295 325 CVC 22523(b)VEHICLE ABANDONMENT 283 313 283 313 290 320 295 325 CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 116 146 120 150 125 155 130 160 CVC 22651(b)VEHICLE PARKED/LEFT STANDING TO OBSTRUCT TRAFFIC 116 146 120 150 125 155 130 160 CVC 40225*PROCESSING OTHER VIOLATIONS *10 CVC 40226*FAILURE TO DISPLAY DISABLED PLACARD - ADMINISTRATIVE FEE *25 LATE PAYMENT PENALTY 30 *Fine or fee amounts are set by the Uniform Bail & Penalty Schedule or by specific CVC section All other fine amounts set by City Council pursuant to CVC 40203.5 Current Effective 1/1/2019 Effective 1/1/2021 Effective 1/1/2023 Packet Pg. 123 Item 13 Vehicle Code - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296] ( Chapter 1 enacted by Stats. 1959, Ch. 3. ) ARTICLE 4. Operation of Bicycles [21200 - 21213] ( Article 4 added by Stats. 1963, Ch. 479. ) 21211. (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist. (b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law. (c) This section does not apply to drivers or owners of utility or public utility vehicles, as provided in Section 22512. (d) This section does not apply to owners or drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along the person’s route. (e) This section does not apply to the driver or owner of a rubbish or garbage truck while actually engaged in the collection of rubbish or garbage within a business or residence district if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously. (f) This section does not apply to the driver or owner of a tow vehicle while actually engaged in the towing of a vehicle if the front turn signal lamps at each side of the vehicle are being flashed simultaneously and the rear turn signal lamps at each side of the vehicle are being flashed simultaneously. (Amended by Stats. 2001, Ch. 127, Sec. 7. Effective July 30, 2001.) Packet Pg. 124 Item 13 VEHICLE CODE - VEH DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. ) CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch. 3. ) 22511.1. (a)A person shall not park or leave standing a vehicle in a stall or space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes. (b)A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a). (Amended by Stats. 2011, Ch. 274, Sec. 2. (AB 475) Effective January 1, 2012.) Packet Pg. 125 Item 13