HomeMy WebLinkAbout10-16-2018 Agenda PacketTuesday, October 16, 2018
5:30 PM SPECIAL MEETING Council Hearing Room
990 Palm Street
San Luis Obispo Page 1
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire,
Vice Mayor Carlyn Christianson and Mayor Heidi Harmon
PUBLIC COMMENT ON CLOSED SESSION ITEM
CLOSED SESSION
A.THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code § 54957(a)
Consultation with: San Luis Obispo Police Department, Police Chief and Police Captain
ADJOURNED TO THE REGULAR MEETING OF TUESDAY, OCTOBER 16, 2018 AT
6:00 P.M. IN THE COUNCIL CHAMBER.
Tuesday, October 16, 2018
6:00 PM
REGULAR MEETING
Council Chamber
990 Palm Street
San Luis Obispo Page 2
CALL TO ORDER: Mayor Heidi Harmon
ROLL CALL: Council Members Aaron Gomez, Andy Pease, Dan Rivoire, Vice
Mayor Carlyn Christianson and Mayor Heidi Harmon
PLEDGE OF ALLEGIANCE: Council Member Andy Pease
PRESENTATIONS
1. INTRODUCTION - DOWNTOWN SLO, CEO (ROSALES – 5 MINUTES)
Charlene Rosales, Economic Development Manager, will introduce the new Downtown
SLO, CEO, Bettina Swigger.
2. INTRODUCTION - NEW CITY FINANCE DIRECTOR (JOHNSON – 5 MINUTES)
Derek Johnson, City Manager, will introduce the new City Finance Director, B rigitte Elke.
3. PROCLAMATION - CHIEF OLSON (JOHNSON – 5 MINUTES)
4. PROCLAMATION - ARBOR DAY (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 C lerk prior to the meeting. At this time, you may address the Council
on items that are not on the agenda. Time limit is three minutes. State law does not allow the
Council to discuss or take action on issues not on the agenda, except that members of the
Council or staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to
follow up on such items.
San Luis Obispo City Co uncil Agenda October 16, 2018 Page 3
CONSENT AGENDA
Matters appearing on the Consent Calendar are expected to be non-controversial and will be
acted upon at one time. A member of the public may request the Council to pull an item for
discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of
the Council chooses another time. The public may comment on any and all items on the
Consent Agenda within the three minute time limit.
5.WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
(PURRINGTON)
Recommendation:
Waive reading of all resolutions and ordinances as appropriate.
6.REVIEW MINUTES OF THE OCTOBER 2, 2018 CITY COUNCIL MEETING
(PURRINGTON)
Recommendation:
Approve the minutes of the City Council meeting held on October 2, 2018.
7.ADOPTION OF AN ORDINANCE AMENDING THE VEHICLES AND TRAFFIC
SECTION OF THE MUNICIPAL CODE; UPDATING COMMERCIAL LOADING
ZONE USE, ESTABLISHING BUSINESS LICENSE REQUIREMENTS, AND
UPDATING VEHICLE TOW PROVISIONS (GRIGSBY / FUCHS)
Recommendation:
Adopt Ordinance No. 1655 (2018 Series) entitled, “An Ordinance of the City Council of the
City of San Luis Obispo, California, amending Municipal Code Title 10 Regarding Vehicles
and Traffic.”
8.CALLE JOAQUIN AGRICULTURAL RESERVE – LEASE AMENDMENT NO. 2
(JOHNSON / HILL)
Recommendation:
Approve Lease Amendment No. 2 with Central Coast Grown for the City of San Luis
Obispo’s Calle Joaquin Agricultural Reserve in order to allow for an on-site caretaker on the
property.
San Luis Obispo City Co uncil Agenda October 16, 2018 Page 4
9. AUTHORIZATION TO SUBMIT PG&E ON-BILL FINANCING LOAN
AGREEMENTS IN SUPPORT OF ENERGY EFFICIENCY LIGHTING
RETROFITS (HILL / READ)
Recommendation:
1. Authorize staff to negotiate PG&E On-Bill Financing Loan Agreements; and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, making findings on energy savings and determining other matters in
connection with energy efficiency retrofits;” and
3. Authorize the City Manager to submit On-Bill Finance Loan Agreements and documents
related to the Loan Agreements to PG&E.
10. CLIMATE CHANGE GRANT APPLICATION (HILL / READ)
Recommendation:
Authorize staff to submit an application, in coordination with the Local Government
Commission, for the Caltrans SB1 Adaptation Planning Grant in the amount of
approximately $700,000.
11. RAILROAD DISTRICT BOARDWALK REPLACEMENT SPECIFICATION NO.
91615 (GRIGSBY / GUZMAN)
Recommendation:
1. Approve the plans and specifications for the Railroad District Boardwalk Replacement
Specification No. 91615;
2. Authorize staff to advertise for bids;
3. Authorize the City Manager to award the contract if the lowest responsible bid is within
the Engineer’s Estimate of $331,000; and
4. Appropriate $350,000 from the City’s SB-1: Road Repair and Accountability Act 2018-
19 Fiscal Year Funding
12. APPROPRIATE GRANT FUNDS FOR MARSH STREET BRIDGE
REPLACEMENT PROJECT (GRIGSBY / NELSON)
Recommendation:
Appropriate an additional $1,406,160 in grant funding for the Marsh Street Bridge Project,
for a total grant funding to match the federal funded a llocation of $6,946,943.
San Luis Obispo City Co uncil Agenda October 16, 2018 Page 5
PUBLIC HEARING AND BUSINESS ITEMS
13. PUBLIC HEARING - CONDUIT FINANCING FOR THE HOUSING AUTHORITY
OF THE CITY OF SAN LUIS OBISPO FOR THE ACQUISITION AND
REHABILITATION OF 172 AFFORDABLE HOUSING UNITS LOCATED IN THE
CITY (CODRON / VERESCHAGIN – 15 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the incurring of a tax exempt obligation by the Housing
Authority of the City of San Luis O bispo for the purpose of providing financing for the
acquisition and rehabilitation of various multifamily rental housing facilities located in the
city in order to preserve existing affordable housing.”
14. PUBLIC HEARING - IRISH HILLS NATURAL RESERVE CONSERVATION
PLAN – WADDELL RANCH ADDITION (JOHNSON / HILL – 60 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving the Irish Hills Natural Reserve Conservation Plan – Waddell
Ranch Addition and adoption of a negative declaration.”
15. PUBLIC HEARING - ANNUAL PUBLIC HEARING FOR THE TOURISM
BUSINESS IMPROVEMENT DISTRICT (HERMANN / CANO – 30 MINUTES)
Recommendation:
1. Conduct a public hearing to receive testimony reg arding the City Council’s intention to
continue the citywide Tourism Business Improvement District; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a Resolution entitled, “A Resolution o f the
City Council of the City of San Luis Obispo, California, declaring the basis for and the
levy of the assessment for the San Luis Obispo Tourism Business Improvement District,
and affirming the establishment of The District.”
San Luis Obispo City Co uncil Agenda October 16, 2018 Page 6
16. PUBLIC HEARING - UPDATE FOR THE ORCUTT AREA SPECIFIC PLAN
PUBLIC FACILITIES FINANCING PLAN (CODRON / DOSTALEK / WATSON – 30
MINUTES)
Recommendation:
1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving an update to the Orcutt Area Specific Plan – Public
Facilities Financing Plan;” and
2. Authorize the Community Development Director to enter into Public Facilities
Financing Plan Fee Credit Agreements with the Righetti Ranch L.P. developers and any
other Orcutt Area Specific Plan developers.
17. ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED
CONFIDENTIAL EMPLOYEES (IRONS / SUTTER – 10 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, regarding compensation for the Unrepresented Confidential Employees
and superseding previous resolutions in conflict,” having a three-year term (July 1, 2018
through June 30, 2021).
18. SUCCESSOR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’ ASSOCIATION
(IRONS / SUTTER – 10 MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, adopting and ratifying the Memorandum of Agreement between the City
of San Luis Obispo and the San Luis Obispo Police Officers’ Association for the period of
July 1, 2018 to June 30, 2021.”
19. PARTY REGISTRATION PROGRAM (CANTRELL / WALLACE – 30 MINUTES)
Recommendation:
1. Receive an update on t he party registration pilot program.
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a Voluntary Party Registration Program.”
San Luis Obispo City Co uncil Agenda October 16, 2018 Page 7
20. CANNABIS OPERATOR PERMIT APPLICATION REQUIREMENTS, RANKING
CRITERIA, AND ANNUAL APPLICATION SUBMITTAL PERIOD (CODRON – 30
MINUTES)
Recommendation:
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, approving cannabis operator permit ranking criteria and the annual
application submittal period (CODE-1058-2017).”
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 Regular City Council Meeting scheduled for November 6, 2018 has been cancelled and
rescheduled for November 13, 2018 at 4 p.m. and 6 p.m., in the Council Chamber, 990 Palm
Street, San Luis Obispo, California.
LISTENING ASSISTIVE DEVICES are available for the hearing impaired--please see City Clerk.
The City of San Luis Obispo wishes to make all of its public meet ings accessible to the
public. Upon request, this agenda will be made available in appropriate alternative formats to
persons with disabilities. Any person with a disability who requires a modification or
accommodation in order to participate in a meeting should direct such request to the City
Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible.
Telecommunications Device for the Deaf (805) 781-7107.
City Council regular meetings are televised live on Charter Channel 20. Agenda related
writings or documents provided to the City Council are available for public inspection in the
City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal
business hours, and on the City’s website www.slocity.org. Persons with questions concerning
any agenda item may call the City Clerk’s Office at (805) 781 -7100.
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San Luis Obispo Page 1
Tuesday, October 2, 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,
October 2, 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
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson,
Christine Dietrick
Represented Employee
Organizations: San Luis Obispo City Employee’s Association (SLOCEA)
San Luis Obispo Police Officer’s Association (POA)
San Luis Obispo Police Staff Officer’s Association (SLOPSOA)
International Association of Firefighters Local 3523
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San Luis Obispo City Council Minutes of October 2, 2018 Page 2
Unrepresented Employees: Unrepresented Management
Employees
Unrepresented Confidential Employees
RECESSED AT 5:45 P.M. TO THE REGULAR MEETING OF OCTOBER 2, 2018 TO
BEGIN AT 6:00 PM IN THE COUNCIL CHAMBER
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San Luis Obispo City Council Minutes of October 2, 2018 Page 3
CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on Tuesday,
October 2, 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
Vice Mayor Carlyn Christianson led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated that there was no reportable action for Closed Session.
PRESENTATIONS
1. PROCLAMATION - INDIGENOUS PEOPLES DAY
Mayor Harmon presented Proclamation to Northern Chumash Tribe of San Luis Obispo
County and Region representatives, Mona Oliva Tucker and Lorie Laguna, and Wendy
Lucas, Kinship Preservation Non-Profit Board of Directors representatives, proclaiming
Monday October 8, 2018 Indigenous Peoples Day.
2. PROCLAMATION - FIRE PREVENTION WEEK
Mayor Harmon presented Proclamation to Fire Chief Garret Olson and Fire Marshall Roger
Maggio proclaiming October 7 – 13 as for Fire Prevention Week.
3. PROCLAMATION - NATIONAL SUICIDE PREVENTION WEEK
Mayor Harmon presented Proclamation to Jeff Claxton and Lilli Young from the American
Foundation for Suicide Prevention, proclaiming September 9 – 15, for National Suicide
Prevention Week.
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San Luis Obispo City Council Minutes of October 2, 2018 Page 4
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Steven Omar
Richard Kirenga
Colt Estwein
Sharon Whitney
Jeffery Specht
Don Hedrick
Terry Mohan
---End of Public Comment---
CONSENT AGENDA
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER GOMEZ, CARRIED 5-0 to approve Consent Calendar Items 4 thru 8.
Public Comment
Don Hedrick – Item 6
Jeffery Specht – Item 7
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5 – 0 to waive reading of all resolutions and ordinances as appropriate.
5. REVIEW MINUTES OF THE AUGUST 28, 2018, AND SEPTEMBER 18, 2018, CITY
COUNCIL MEETINGS
CARRIED 5 – 0 to 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
CARRIED 5 – 0 to adopt Ordinance 1654 (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.”
7. REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES
CARRIED 5 – 0 to:
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.
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San Luis Obispo City Council Minutes of October 2, 2018 Page 5
8. IMPLEMENTATION OF THE 2018 ZONING REGULATIONS COMPREHENSIVE
UPDATE (TITLE 17 OF CITY’S MUNICIPAL CODE)
CARRIED 5 – 0 to adopt Resolution No. 10945(2018 Series) 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.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES AND PROGRAMS
Police Chief Deanna Cantrell and Anne Robin County Behavioral Health gave a presentation on
the mental health and drug and alcohol services and programs the County provides.
Public Comments:
---End of Public Comment---
ACTION: The Council received and filed the presentation.
10. 2017-18 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT
Tourism Manager Molly Cano and TBID Chair Bruce Skidmore presented the staff report and
responded to Council questions.
Public Comments:
---End of Public Comment---
ACTION: MOTION BY VICE MAYOR CHRISTIANSON, SECOND BY COUNCIL
MEMBER GOMEZ, CARRIED 5-0 to approve:
1. Receive and approve the (TBID) Board’s 2017-18 annual report; and
2. Adopt Resolution No. 10946 (2018 Series) 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 levy 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.
RECESS
Council recessed at 8:00 p.m. and reconvened at 8:06 p.m., with all Council Members present.
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11. SCHEDULE FOR 2019-21 FINANCIAL PLAN
Finance Director Brigitte Elke and Accounting Manager Alex Ferriera presented the staff
report and responded to Council questions.
Public Comments:
None
---End of Public Comment---
ACTION: By consensus the City Council approved the goal setting process and timetable
for development of the 2019-21 Financial Plan and directed staff to look for alternatives for the
Goal Setting Workshop in leu of the proposed Saturday workshop.
12. PUBLIC HEARING - AMEND THE MUNICIPAL CODE, TITLE 10 (VEHICLES
AND TRAFFIC)
Public Works Director Daryl Grigsby, Deputy Director Tim Bochum and Parking Services
Supervisor Alex Fuchs presented the staff report and responded to Council questions.
Public Comments:
Don Hedrick
Janine Rands
---End of Public Comment---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY COUNCIL
MEMBER RIVOIRE, CARRIED 5-0 to Introduce an Ordinance 1655 (2018 Series) entitled,
“An Ordinance of the City Council of the City of San Luis Obispo, California, amending
Municipal Code Title 10 regarding Vehicles and Traffic,” use requirements, update vehicle
tow provisions, and other Title language clean-up. And directed Staff to remove changes to
commercial loading and unloading zones after 6:00 p.m. additional consideration on the
extended hours working with SLO Downtown on a solution that works.
13. PUBLIC HEARING - ESTABLISH FINE AMOUNTS FOR ELECTRIC VEHICLE
CHARGING VIOLATIONS AND BICYCLE LANE VIOLATIONS, AND AN
INCREASE OF EXISTING PARKING VIOLATION FINE AMOUNTS
Public Works Director Grigsby, Deputy Director Tim Bochum and Parking Services
Supervisor Alex Fuchs presented the staff report and responded to Council questions.
Public Comments:
Jeffery Specht
Barry Rands
Don Hedrick
---End of Public Comment---
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San Luis Obispo City Council Minutes of October 2, 2018 Page 7
ACTION: MOTION BY COUNCIL MEMBER GOMEZ, SECOND BY VICE MAYOR
CHRISTIANSON, CARRIED 5-0 to adopt a Resolution 10947 (2018 Series) entitled, “A
Resolution of the City Council of the City of San Luis Obispo, California, establishing and
increasing Parking Citation Fines,” including the revised Exhibit “A” as presented at the
meeting.
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
Mayor Harmon indicated she attended vision 2020 conference, the APCD meeting and spoke at a
preschool.
ADJOURNMENT
The meeting was adjourned at 10:08 p.m. The next Regular City Council Meeting is scheduled
for October 2, 2018 at 5:30 p.m. and 6:00 p.m., in the Council Chamber, 990 Palm Street, San
Luis Obispo, California.
__________________________
Teresa Purrington
City Clerk
APPROVE BY COUNCIL: XX/XX/2018
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Item 6
Meeting Date: 10/16/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Alexander Fuchs, Parking Services Supervisor
SUBJECT: ADOPTION OF AN ORDIN ANCE AMENDING TITLE 10 TO UPDATE
COMMERCIAL LOADING ZONE ACCESS AND USE REQUIREMENTS,
ESTABLISH BUSINESS LICENSE AND OTHER REQUIREMENTS,
UPDATE VEHICLE TOW PROVISIONS, AND OTHER TITLE 10
LANGUAGE CLEAN-UP
RECOMMENDATION
Adopt Ordinance No. 1655 (2018 Series) approving amendments to Title 10, Vehicles and
Traffic Regulations, of the Municipal Code including commercial loading zone, vehicle tow
provisions, and other Title language clean-up.
DISCUSSION
On October 2, 2018, the City Council voted 5-0 to introduce Ordinance No. 1655, approving
amendments to Title 10 Vehicles and Traffic Regulations of the Municipal Code to include the
following:
•10.12.090 - Removal of vehicles from street by police officers or designated employees
permitted when
o Allow Parking Enforcement Officers to authorize the removal of vehicles from City
streets.
•10.36.235 - Restricted parking in certain city parking lots
o Remove the term “lot” and replace with “facility or space” and allow for the wording
and posting of signs to be approved by the Public Works Director or a designee
instead of the Chief of Police.
•10.40.010 - Timed parking
o Remove the requirement that vehicles “must move a minimum of one hundred fifty
meters” and replace with “a vehicle may not return to a parking space in the same
block face or within 500 feet of where previously parked on the same block face or to
the same city parking facilit y for a three-hour period.”
•10.40.020 - Backing into parking space
o Remove the terms “municipal lot or parking structure” and replace with “city parking
facility.”
•10.40.060 - Parking space markings
o Remove the terms “municipal lot or parking structure” and replace with “city parking
facility.”
•10.44.010 - Loading zones—Marking—Authority
o Require paint to be placed on the sides of the curb as well as the top of the curbs of
loading zones.
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• 10.44.020 - Curb markings—Meanings—Authority to place
o Allow passengers vehicles to use commercial loading zones for picking up and
dropping off passengers.
o Allow for vehicles to use passenger loading zones for up to 10 minutes.
• 10.44.030 - Yellow loading zone—Time restrictions for loading and unloading
o Allow passengers vehicles to use commercial loading zones for picking up and
dropping off passengers.
• 10.44.040 - White zones—Time restrictions for loading and unloading
o Allow for vehicles to use passenger loading zones for up to 10 minutes.
o Allow passenger vehicles to be unoccupied when using passenger loading zones.
• 10.52.040 - Operational procedure to be followed
o Remove the language “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 a nd
if necessary turn a crank, knob or handle in accordance with the instructions posted
on the face of the parking meter” and replace with “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.”
• 10.52.050 - Unlawful to allow vehicle to remain parked after expiration of time
o Add the term “sign” to indicate that a meter is expired.
Following the discussion, Staff was also directed to reach out to Downtown SLO to identify
potential longer-term solutions to address loading and unloading concerns primarily related to
Transportation Network Companies such as Lyft and Uber. Staff anticipates engaging
Downtown SLO over the next few months and returning in Spring 2019 with recommendations.
This timeframe will also provide the opportunity for the Council to provide broader insight into
overall parking management strategies emanating from the November 2018 parking st udy
session.
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 which will be covered through existing Parking Fund 2018-19 operating budget.
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ALTERNATIVE
Deny adoption of the Ordinance. City Council can choose to deny the adoption of the
amendments to Title 10 of the Municipal Code. Staff does not recommend this alternative
because the 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 1655
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O 1655
ORDINANCE NO. 1655 (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 recognition (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 check ing 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 st anding 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;
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Ordinance No. 1655 (2018 Series) Page 2
O 1655
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 installatio n 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 of 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 city parking facilities.
No person shall stop, stand, park or leave standing a motor vehicle in any city parking
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 post ing by the public works
director or their designee(s).
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. 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 of where previously parked on the same block face or to t he 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 space with the
exception of two -wheeled motorized vehicles.
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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 city parking facilities where authorized parking is permitted.
B. When such parking space markings are placed on the highway or in city parking
facilities, 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. every Monday to Saturday, and between one p.m. and six p.m. every Sunday,
unless otherwise indicated by posted signage, for any purpose other than the commercial
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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 necessary therefor and in no event for more than
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
follows:
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 delivery or pickup of express and parcel post
packages and United States mail. 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.
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C. 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 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 ten (10) minutes and
during such time the vehicle may be left unoccupied to accommodate the use.
C. 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.
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 spa ce
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 remainin g 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.
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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
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 2nd day of October, 2018, 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
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APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
______________________________
Teresa Purrington
City Clerk
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Meeting Date: 10/16/2018
FROM: Derek Johnson, City Manager
Prepared By: Robert Hill, Interim Deputy Director
SUBJECT: CALLE JOAQUIN AGRICU LTURAL RESERVE – LEASE AMENDMENT
NO. 2
RECOMMENDATION
Approve Lease Amendment No. 2 (Attachment A) with Central Coast Grown for the City of San
Luis Obispo’s Calle Joaquin Agricultural Reserve in order to allow for an on-site caretaker on
the property.
DISCUSSION
Background
The City of San Luis Obispo acquired approximately 25 acres of land that is now known
formally as the “Calle Joaquin Agricultural Reserve” and colloquially as “City Farm” through
two separate land dedications arising out of the Gearhart/McBride commercial auto dealership
subdivision and the Prefumo Creek Commons project. Of this, 17 acres is considered prime
farmland, while the remaining acreage is primarily comprised of the riparian area of Prefumo
Creek. In January 2011, the City Council adopted the Agricultural Master Plan for the City of
San Luis Obispo’s Calle Joaquin Agricultural Reserve that contemplated the dispo sition of the
property through long-term lease to an organization interested in sustainable agriculture practices
and agricultural education with students and the community (see complete text:
http://www.slocity.org/home/showdocument?id=1916). On January 7, 2013, the City entered
into a 20-year agricultural ground lease with Central Coast Ag Network (CCAN) dba Central
Coast Grown for such purposes. On May 2, 2013, following the successful re solution of a prior
title issue pertaining to a portion of the property, the City entered into Amendment No. 1 to its
lease with Central Coast Grown to include that additional area.
Present Lease Agreement
The stated purpose of the City’s lease arrangement with Central Coast Grown is to “put the
majority of the Premises into active sustainable agricultural use, while permitting development
of a portion of the Premises, not to exceed the percentage allowable per zoning regulations, for
facilities for the aggregation, light processing and distribution of agricultural products grown
locally or on the Premises as part of a local food system as well as facilities to provide
educational and agricultural support.” In consideration of the community benefit provide d by
CCAN and its non-profit 501(c)3 status, the annual rent is $1. In exchange for this favorable
rate, the lease specifies certain time-based performance milestones including: annual reporting;
active agricultural production of food crops (beginning December 13, 2013); plans and
implementation of public programming, demonstration gardens, and educational programming
and facilities. Central Coast Grown is in good standing relative to these milestones and is a
valuable community partner to the City.
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Current Sub-Leases
In addition to the terms and conditions stated above, the City’s lease with Central Coast Grown
specifically allows for subletting to other farmers, provided that the lease revenues are used in
furtherance of Central Coast Grown’s non-profit status and mission driven activities occurring on
the property. Mr. Javier Magana (Red Barn Farms) currently enjoys an approved sublease area of
10.75 acres. Mr. Michael Huggins (Dacite Farms) is farming an approved one -acre sub-lease
area. Theresa Lees is farming and providing educational activities on a small, one-quarter acre
lease area. Carmichael Environmental is leasing a two-acre plot primarily for vegetable
production, as well as a small area of ornamental landscape species. Most recently, Mr. Corey
Richmond has subleased a two-acre plot and is currently growing pumpkins for Halloween and
other mixed vegetables. The current tenant mix is shown in the table below:
1. Magana – Red Barn Farms 10.75 acres
2. Huggins – Dacite Farms 1.00 acre
3. Lees – Our Global Family 0.25 acres
4. Carmichael Environmental 2.00 acres
5. Central Coast Grown 1.00 acres
6. Corey Richmond 2.00 acres
TOTALS 17 acres
Lease Amendment No. 2
Central Coast Grown and its subtenants have experienced ongoing crop pilferage, theft of tools
and farm equipment, and property damage over the past several years; City Farm has very porous
boundaries, is adjacent to US 101, and is located away from other active evening land uses,
making it an easy target for trespass, theft, and other negative behavior. While the City’s Police
Department is aware of the issue and does provide regular nighttime patrols, Central Coast
Grown nevertheless desires the ability to allow for an on-site caretaker in order to provide a
presence on the property at all hours.
Paragraph 7(G) of the City’s master lease with Central Coast Grown specifically states that
Central Coast Grown shall not “Permit any residential use or overnight camping or occupancy.”
However, the City’s zoning code does allow for a caretaker fa cility in both Conservation and
Open Space and Agriculture designations. The following language is proposed here to be added
to paragraph 7(G):
"A single recreational vehicle may be parked on the Premises, for the purpose of providing
an on-site caretaker function, by an existing on-site tenant only. The purpose of the caretaker
is to provide site security to the entire Premises to prevent crop and equipment theft, as well
as overall site stewardship. Any such recreational vehicle shall not be parked so as to prevent
tenants of any other sublease on the Premises from using their farmable area . The
recreational vehicle shall be fully self-contained and discharge of waste or sewage into the
City’s sewer system or by any others means is prohibited. No hose, electrical cord, pipe,
wire, or other device extending from the vehicle may be permitted. The recreational vehicle
shall be parked in a location and be maintained in a condition wherein it can be moved upon
24 hours' notice by either City or CCAN. The City Manager shall approve in advance any
such sublease amendment for an on-site caretaker function."
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CONCURRENCES
Lease Amendment No. 2 has been reviewed by the City Attorney’s office for sufficiency and to
ensure that the City’s master lease is properly incorporated therein.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration (MND) was adopted by City Council in association with
Council’s approval of the Agricultural Master Plan for the City of San Luis Obispo’s Calle
Joaquin Agricultural Reserve (ER # 44-10). The subject area has been regularly farmed for
many years and no additional environmental review is required in association with the subject
Lease Amendment under the California Environmental Quality Act (CEQA).
FISCAL IMPACT
The fiscal impact of the proposed Lease Amendment is comprised of modest staff time to
oversee and manage the chain of lease agreements. It is beneficial and fiscally positive to the
City to have a master tenant responsible for day-to-day management, maintenance, and upkeep
of the property, as well as contribute to the local agricultural economy through the production of
food crops.
ALTERNATIVES
The City Council could choose to:
1. Approve Lease Amendment No. 2 with requested changes.
2. Deny Lease Amendment No. 2.
3. Continue the item with specific direction of more information or discussion time is
required before taking action.
Attachments:
a - CCAN Lease Amendment No. 2
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1
AMENDMENT NO. 2
AGRICULTURAL GROUND LEASE BETWEEN
THE CITY OF SAN LUIS OBISPO AND
CENTRAL COAST AG NETWORK
This Amendment No. 2 to the Agricultural Ground Lease (“Lease”) is entered into this __ day
of __________, 2018, by and between the City of San Luis Obispo (the "City") and Central Coast Ag
Network, a California public benefit non-profit corporation ("CCAN").
RECITALS
A. The City owns certain agricultural land within City limits, commonly identified as the
Calle Joaquin Agricultural Reserve, 0 Calle Joaquin, San Luis Obispo.
B. CCAN is a nonprofit corporation whose purpose is to champion a sustainable local and
regional food system to ensure a nourishing, diverse and abundant supply of food that is resilient, safe
and secure, and CCAN seeks to manage the on-site agricultural production and agricultural education
and activities under sustainable agriculture practices.
C. On January 7, 2013, the City and CCAN entered into the Lease for the purpose of
putt ing the majority of the Premises into active sustainable agricultural use, while permitting
development of a portion of the Premises, not to exceed the percentage allowable per zoning
regulations, for facilities for the aggregation, light processing and distribution of agricultural products
grown locally or on the Premises as part of a local food system as well as facilities to provide
educational and agricultural support.
D. On February 1, 2013, the City acquired additional property and on May 2, 2013 entered
into Amendment No. 1 with CCAN to add this additional property into the Premises.
E. The City and CCAN now desire to amend the lease agreement to allow for an on-site
caretaker in order to help prevent trespass, theft, and property damage .
AGREEMENT
For good and valuable consideration, City and CCAN hereby agree as follows:
1. Paragraph 7(G) of the City’s master lease with CCAN is hereby amended to read as follows:
CCAN shall not “Permit any residential use or overnight camping or occupancy. However, a
single recreational vehicle may be parked on the Premises, for the purpose of providing an on-
site caretaker function, by an existing on-site tenant only. The purpose of the caretaker is to
provide site security to the entire Premises to prevent crop and equipment theft, as well as
overall site stewardship. Any such recreational vehicle shall not be parked so as to prevent
tenants of any other sublease on the Premises from using their farmable area. The recreational
vehicle shall be fully self-contained and discharge of waste or sewage into the city’s sewer
system or by any others means is prohibited. No hose, electrical cord, pipe, wire, or other
device extending from the vehicle may be permitted. The recreational vehicle shall be parked
in a location and be maintained in a condition wherein it can be moved upon 24 hours' notice by
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2
either City or CCAN. The City Manager shall approve in advance any such sublease
amendment for an on-site caretaker function."
2. All other terms and conditions of the Lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first written above.
CITY OF SAN LUIS OBISPO
_________________________________
Mayor
ATTEST:
____________________________
City Clerk
Approved:
____________________________
City Manager
Approved to as form:
____________________________
City Attorney
CENTRAL COAST AG NETWORK, a California public benefit non-profit corporation
__________________________
President
___________________________
Secretary
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Meeting Date: 10/16/2018
FROM: Robert Hill, Interim Deputy Director, Office of Sustainability
Prepared By: Chris Read, Sustainability Manager
SUBJECT: AUTHORIZATION TO SUBMIT PG&E ON-BILL FINANCING LOAN
AGREEMENTS IN SUPPORT OF ENERGY EFFICIENCY LIGHTING
RETROFITS
RECOMMENDATIONS
1. Authorize staff to negotiate PG&E On-Bill Financing Loan Agreements (Attachment A);
2. Adopt a resolution making findings on energy savings as required by Government Code
4217.12 (Attachment B); and
3. Authorize the City Manager to submit On-Bill Finance Loan Agreements and documents
related to the Loan Agreements to PG&E in a form subject to the approval of the City
Attorney.
DISCUSSION
Background
On August 21, 2018, Council received information about the On-Bill Financing opportunity for
energy efficiency lighting retrofits (as described below) to implement the Climate Action Major
City Goal and achieve cost savings as outlined in the City’s Fiscal Health Response Plan.
Council voted 5-0 in the affirmative to “Authorize the submittal of the non-binding PG&E On-
Bill Financing Application.”
This report provides a brief overview of the On-Bill Financing Opportunity (for a full report, see
the Council Agenda Report for Item #16 on the August 21, 2018 Council Agenda), an update on
the On-Bill Financing Applications, considerations regarding California Government Code 4217,
and process and timing considerations should Council approve staff’s recommendations.
On-Bill Financing Opportunity
In April of 2018, the SLO EnergyWatch Partnership provided an overview of the City of San
Luis Obispo municipal operations energy use by building/facility. EnergyWatch Partnership staff
also provided access to resources for further assessment and lighting energy efficiency project
implementation, including introduction to PG&E’s trade professional Eco Green Solutions. Eco
Green Solutions is a PG&E certified “Trade Professional and Authorized Agent” and provide s
energy efficiency audits, installs products consistent with an approved project, and provide s
access to PG&E rebates and financing tools.
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Importantly, PG&E and Eco Green Solutions provide access to and assistance with utilizing
PG&E’s “on-bill financing” (OBF). OBF is a financing mechanism provided by PG&E that
allows the City to receive a 0% loan for energy efficiency projects with no up-front costs. The
City then amortizes the debt using monthly bill savings achieved through the project. During the
payback period, the City’s bill would appear unchanged. Upon full payback, the City’s energy
bill would reflect the savings.
On-Bill Finance Application Update
Since submitt al of the non-binding PG&E On-Bill Financing Applications, staff has received
approvals from PG&E for lighting energy efficiency retrofit projects at ten properties, as outlined
in Table 1. The projects are a mix of lighting fixture retrofits and replacements. For each
approved property, PG&E confirmed, and where necessary amended, project performance
assumptions on the initial applications to more accurately reflect current and projected operating
conditions. For each approved project, PG&E has held the loan amount in reserve and has
provided On-Bill Financing Agreements (Attachment A). Staff has the capacity to further refine
the assumptions in the agreements, including eliminating fixtures, requesting alternative fixtures,
requesting additional components such as controls/dimmers, and adjusting operating hour
assumptions.
Table 1 lists the project sites and provides the estimated project performance for each site and in
total. The ten proposed projects would be financed with approximately $1.3 million in OBF
financing and are estimated to save a total of $18,478 per month. Of that total, approximately
$377,142 in OBF financed retrofits would occur in Parking Fund properties and would save
approximately $7,847 per month. The remaining $964,012 in OBF financed retrofit costs and the
associated $10,631 monthly savings would benefit the General Fund.
Table 1. Project List and Performance Estimates
Project Site
Estimated Project
Cost After Rebates
Estimated Energy Bill
Savings per Month
Simple Payback
(Years)
1. 871 Marsh Street Parking Structure $213,238.96 $4,334.82 4.1
2. 842 Palm Street Parking Structure $104,691.88 $2,083.33 4.2
3. 919 Palm Street Parking Structure $61,474.39 $1,428.73 3.6
4. City Hall $87,380.84 $797.90 9.1
5. Corporation Yard $210,586.56 $1,810.32 9.7
6. Police Station and Annex $114,302.24 $1,126.72 8.5
7. Ludwick Community Center $51,837.00 $476.61 9.1
8. Damon Garcia Park $412,859.18 $5,048.33 6.8
9. Santa Rosa Park $60,989.76 $1,130.57 4.5
10. Parks and Recreation Office $24,908.92 $240.36 8.6
Total $1,342,269.73 $18,477.69
Note: Costs, savings, and payback estimates are vetted by PG&E as described in Attachment A. These
figures are subject to revision based on project negotiations.
Note: Damon Garcia Park (#8), Santa Rosa Park (#9), and the Parks and Recreation Office (#10)
applications are still in the approval process. Numbers provided in Table 1 for these projects are estimates
and are subject to change based on PG&E vetting and further project negotiations.
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California Government Code 4217.10 et seq.
California Government Code section 4217 provides broad contracting authority for public
agencies to enter into “energy service contracts” such as the OBF. To illustrate consistency with
Government Code 4217, the City provided public notice for this meeting, and must adopt a
resolution making certain findings related to energy and cost savings. The resolution, which is
provided as Attachment B, would allow the City to continue working with PG&E and Eco Green
Solutions to implement the projects described in this report.
Process and Timing Considerations
Should Council approve staff’s recommendation, staff would proceed with negotiating OBF
agreement terms and conditions for each of the ten sites. Staff has already requested that Eco
Green Solutions install demonstration fixtures at City Hall and the 919 Parking Structure to
ensure fixture and installation quality. As specific site project characteristics, expected
performance, terms, and conditions meet staff’s expectations and are in a form to the satisfaction
of the City Attorney, the OBF agreements would be provided to the City Manager for execution.
Staff expects all project sites with OBF agreeme nts submitted in October to be fully installed and
operational by December 31, 2018.1
CONCURRENCES
The Public Works Department concurs with this report.
ENVIRONMENTAL REVIEW
The execution of an OBF Agreement with PG&E and the subsequent lighting fixture retrofits
and replacements are statutorily and categorically exempt from environmental review on the
basis that the projects are: installation of LED upgrades in and on existing facilities or at existing
parking lots (Public Resources Code § 21080.35; new construction or conversion of small
structures (CEQA Guidelines § 15303); minor alterations to land (CEQA Guidelines § 15304);
projects which consist of the construction or placement of minor accessory structures to existing
facilities (CEQA Guideline s § 15311); and activities which can be seen with seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment (CEQA Guidelines § 15061(b)(3)).
FISCAL IMPACT
Should the City proceed with a project using OBF, no capital outlay funding would be required.
Payback of loan amounts will be realized in each facility’s utility bill based on the savings
calculated by PG&E. Once the loan amount is paid off via the utility bill, savings will be reali zed
from then forward. Table 1 provides an overview of projected savings by project site based on
the preliminary analysis. As currently estimated, once the payback period has concluded, the
project would save the Parking Fund approximately $7,8 47 per month and the General Fund
approximately $10,631 per month.
1 PG&E’s incentives and financing programs run on calendar year cycles. If a project is not installed b y December
31, 2018, staff would need to resubmit OBF applications for 2019.
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ALTERNATIVES
1. The City could pursue an alternative financing mechanism for funding lighting retrofits. Staff
does not recommend this alternative as the 0% financing and ability to use electricity sav ings
as loan payments allows the City to achieve lighting, greenhouse gas, and cost savings
objectives without any up-front costs.
2. The City could choose not to pursue lighting retrofits at this time. Staff does not recommend
this alternative as it does not provide greenhouse gas emissions reductions or electricity bill
savings.
Attachments:
a - On -Bill Financing Agreements
b - Gov. Code 4217 Resolution
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, MAKING FINDINGS ON ENERGY SAVINGS
AND DETERMINING OTHER MATTERS IN CONNECTION WITH
ENERGY EFFICIENCY RETROFITS
WHEREAS, it is the policy of the State of California and the intent of the State Legislature
to promote all feasible means of energy conservation and all feasible uses of alternative energy
supply sources; and
WHEREAS, the City of San Luis Obispo (“City”) desires to reduce energy costs at its
facilities; and
WHEREAS, the City proposes to enter into an On-Bill Financing Agreement (“OBF
Agreement ”) and related contract documents with PG&E (“Utility”), who in turn will use
EcoGreen Solutions (“Contractor”) as the Contractor for facilities at the City’s real property sites,
pursuant to which Contractor will remove old lighting fixtures and install new Energy Star and
DLC listed LED lighting in the City’s facilities. Contractor will also arrange with the Utility to
secure rebates and incentives to help lower the cost of the project ; and
WHERAS, through the Utility On-Bill Financing Program the City will have no capital
outlay and will continue to pay their utility bills through the loan’s existence ; and
WHEREAS, Contractor has provided the City with analysis showing the financial and
other benefits of entering into the OBF Agreement, which analysis is attached here to as Exhibit
A and made part hereof by this reference; and
WHEREAS, Exhibit A includes data showing that the anticipated cost to the City for the
electrical energy saved by the LED upgrades will be equal to/or less than the anticipated cost of
the project thus making these projects bill neutral; and
WHEREAS, Contractor was the selected vendor for the On-Bill Financing project due to
their status as a PG&E Customer Authorized Agent and Contractor’s carrying the costs and
structuring of the project to have no capital outlay to the City. T he City adopts Utility’s competitive
process as its own; and
WHEREAS, the City proposes to enter into the On-Bill Financing Agreements and related
contract documents in substant ially the form presented at this meeting, subject to such changes,
insertions or omissions as the City Manager and City Attorney reasonably deems necessary
following the Council’s adoption of this Resolution; and
WHEREAS, pursuant to Government Code section 4217.12, this Council held a public
hearing, public notice of which was given two weeks in advance, to receive public comment .
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Resolut ion No. _____ (2018 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
t hat:
SECTION 1. The terms of the OBF Agreements and related agreements are in the best
interests of the City.
SECTION 2. In accordance with Government Code section 4217.12, and based on data
provided by Exhibit A, the Council finds that the anticipated cost to the City for lighting retrofits
provided by the OBF Agreements will be less than or equal to the anticipated cost to the City of
electrical energy that would have been consumed by the City in the absence of the OBF
Agreements.
SECTION 3. The City Manager and City Attorney are hereby authorized and directed to
negotiate any further changes, insertions and omissions to the OBF Agreements as they reasonably
deem necessary, and thereafter to execute and deliver the OBF Agreements following the
Council’s adoption of this Resolution. The Cit y Manager is further authorized and directed to
execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other
documents and to do or cause to be done any and all other acts and things necessary or proper for
carrying out this Resolution and said Agreements.
SECTION 4. Environmental Review. The City Council hereby determines that the
execution of an OBF Agreement with Utility are statutorily and categorically exempt from
environmental review on the basis that the project s are: installation of LED upgrades in and on
existing facilities or at existing parking lots (Public Resources Code § 21080.35; new construction
or conversion of small structures (CEQA Guidelines § 15303); minor alterations to land (CEQA
Guidelines § 15304); projects which consist of the construction or placement of minor accessory
structures to existing facilities (CEQA Guidelines § 15311); and activities which can be seen with
seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment (CEQA Guidelines § 15061(b)(3)).
SECTION 5. City staff are hereby authorized to file and process a Notice of CEQA
Exemption for the each project in accordance with CEQA and the State CEQA Guidelines, and
the findings set forth in this Resolution.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
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Item 9
Resolut ion No. _____ (2018 Series) Page 3
R ______
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 9
Meeting Date: 10/16/2018
FROM: Robert Hill, Interim Deputy Director, Office of Sustainability
Prepared By: Chris Read, Sustainability Manager
SUBJECT: CLIMATE CHANGE GRANT APPLICATION
RECOMMENDATION
Authorize staff to submit an application, in coordination with the Local Government
Commission, for the Caltrans SB1 Adaptation Planning Grant in the amount of approximately
$700,000.
DISCUSSION
Background
In June of 2017, the City Council adopted the 2017-2019 Financial Plan, which identifies
Climate Action as a Major City Goal (MCG). Staff continues to look for grant support to
implement the actions in the MCG, including implementing greenhouse gas (GHG) emissions
reduction measures, building staff and community technical capacity, and updating the City’s
2012 Climate Action Plan.
The MCG primarily focuses on reducing GHGs. However, another important component of
climate action is preparing the City and the community to adapting to and becoming resilient to a
changing climate. Due to several triggering requirements, the City will be updating the Safety
Element of the General Plan in late 2019 or early 2020. The Safety Element typically focuses on
planning for traditional natural and human made hazards and disasters, however, state law
requires that the Safety Element also address issues related to the impacts of climate change.
Given the substantial time that is required to apply for a grant, receive the grant, and conduct a
competitive procurement process to hire a consultant to implement the grant’s work program,
staff has been proactively looking for grants to assist with the climate change component of the
Safety Element update.
This Council Agenda Report describes and requests approval to submit to the Caltrans SB1
Adaptation Planning Grant to provide comprehensive support fo r the climate change components
of the Safety Element update.
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Caltrans SB1 Adaptation Planning Grant
On April 28, 2017, Governor Edmund G. Brown Jr. signed into law Senate Bill (SB) 1 - The
Road Repair and Accountability Act of 2017, a transportation fu nding bill that provides a
reliable source of funds to maintain and integrate the State’s multimodal transportation system.
Per Section 16321 of the bill, $20 million in climate change adaptation planning grants have
been allocated to local and regional agencies for adaptation planning. Of the $20 million for
climate change adaptation, $7 million dollars were allocated for the Fiscal Year (FY) 2017 -18
grant cycle, $7 million dollars are available in 2018-19, and $6 million dollars will be available
in 2019-20.
In August of 2018, Local Government Commission (LGC) and City staff began evaluating the
potential of SB1 funding to meet portions of the City’s expected Safety Element Update needs.
After confirming the value of an SB1 grant award for the City’s pla nning efforts, staff worked
closely with LGC to develop a scope of work. Although the application is in draft form and
subject to change, the general scope items are expected to include:
1. Project Management and Administration
2. Adaptation/Safety Element Background Report: Historical, Existing, and Projected Hazards,
Vulnerability, and Risk
3. Adaptation and Resilience Policy Audit
4. Safety Development, Adaptation Plan, and Implementation Strategy
5. Outreach and Capacity Building
LGC and City staff expect to request a grant of approximately $700,000. This total is subject to
final revisions prior to submittal and any revisions requested by Caltrans as part of the project
approval process. Caltrans requires an 11.47% local match for adaptation planning projects.
Should the submitted application request of $700,000 be awarded, it would result in an $80,290
match requirement. This total would be met through staff time, matching grants, and via a Safety
Element update CIP request in the 2019-21 Financial Plan.
Accepting the grant would require additional Council action. Should the City be awarded and
accept the grant, selecting the technical consultant to implement the grant would also require
additional Council action. SB1 Adaptation Planning Grant program guidelines are provided as
Attachment A.
CONCURRENCES
The Fire, Public Works, Utilities, and Community Development Department s concur with the
recommendation included in this Council Agenda Report.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under the CEQA Guidelines Sec.
15278.
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FISCAL IMPACT
Should the SB1 Adaptation Planning grant be successfully awarded, a total of approximately
$80,290 in matching “in kind” labor and/or direct funds would be required. This total would be
met via a Safety Element Update CIP request in the 2019 -21 Financial Plan, offset by allowable
staff time contribution and successfully obtained matching grants.
ALTERNATIVE
Do not submit a grant application. Council may direct staff to not submit a grant application. If
the grant is not approved, staff will cease work on the effort. Staff does not recommend this
alternative because of the financial opportunity to le verage available grant funds to update the
General Plan’s Safety Element.
Attachments:
a - SB1 Adaptation Planning Grant Program Guideline
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Application Deadline
California Department of Transportation
Division of Transportation Planning
FY 2019-20
Grant Application Guide
Adaptation Planning Grants from Senate Bill 1
The Road Repair and Accountability Act of 2017
July 23, 2018
FINAL DRAFT
CALTRANS ADAPTATION PLANNING GRANT PROGRAM
November 2, 2018 at 5:00PM
pmPM
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Table of Contents
Adaptation Planning Grant Program….…...……………………………..…………………………………………… 1
Funding…….……………………….………………………………………………………………………………………. 2
Grant Program Considerations………………………………………………………………………………………… 3
Grant Program Overview………………………………………………………………………………………………… 6
Tools and Resources……………………………………………………………………………………………………. 9
General Information and Requirements…………………………………………………….................................... 11
Application Preparation….…………………………………………..………………................................................. 17
• Grant Application Checklist …………………………………………….………………………………………. 20
• Grant Application Preview ……………………………………………………............................................... 21
• Scope of Work Requirements ………………...………..…………………................................................... 28
• Project Timeline Requirements ………………………..……………………….………………………………. 33
• Third Party In-Kind Valuation Plan Requirements ………………………..…………………........................ 35
• Local Resolution Requirements …………………....................................................................................... 36
Caltrans District and Regional Agency Boundaries Map…………………........................................................ 38
Caltrans District Contact List…..………............................................................................................................. 39
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats.
For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management,
1120 N Street, MS-89, Sacramento, CA 95814.
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Adaptation Planning Grant Program
On April 28, 2017, Governor Edmund G. Brown Jr. signed into law Senate Bill (SB) 1 - The Road
Repair and Accountability Act of 2017, a transportation funding bill that provide s a reliable source of
funds to maintain and integrate the State’s multimodal transportation system . Per Section 16321 of
the bill, $20 million in climate change adaptation planning grants has been allocated to local and
regional agencies for adaptation planning . Seven million dollars were allocated for the Fiscal Year
(FY) 2017-18 grant cycle, seven million dollars are available in 2018-19, and six million dollars will be
available in 2019-20.
Climate change adaptation aims to anticipate and prepare for climate change impacts to reduce the
damage from climate change and extreme weather events . Adaptation is distinct from, but
complements, climate change mitigation, which aims to reduce GHG emissions. This funding is
intended to advance adaptation planning on California’s transportation infrastructure, including but
not limited to roads, railways, bikeways, trails, bridges, ports, and airports. Eligible projects must
have a transportation nexus per Article XIX Section s 2 and 3 of the California Constitution.
Applicants who have adaptation planning efforts underway as well as those who have not yet started
adaptation work are encouraged to apply.
Table 1: Available Funds by Fiscal Year
FY Grant Cycle Adaptation Planning Grant Funds
2017-18 $7 million
2018-19 $7 million
2019-20 $6 million
Purpose
California is leading the way on GHG emissions reductions to avoid the worst consequences of climate
change, but no matter how quickly we reduce our polluting emissions, climate impacts will still occur .
Climate change poses many threats to our communities’ health, well-being, environment, and property.
Many impacts – increased wildfires, droughts, landslides, rising sea levels, floods, severe storms, heat
waves, and impacts to wildlife – are occurring already and will only become more frequent and severe.
Climate change is increasingly impacting the State’s transportation system. Adaptation efforts will
enhance the resiliency of the transportation system to help protect against climate impacts . The
overarching goal of this grant program is to support planning actions at local and regional levels that
advance climate change adaptation efforts on the transportation system, especially efforts that serve
the communities most vulnerable to climate change impacts . Taking steps now to adapt to climate
change will protect public health and safety, infrastructure, and our economy into the future.
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Funding
The Adaptation Planning grants are funded by the Public Transportation Account (PTA).
The FY 2019-20 funding amount is six million dollars and will be entirely competitively awarded.
The minimum application amount is $100,000 and the maximum application amount is $1,000,000.
The required local match is 11.47 percent.
Table 2: Adaptation Planning Grants Summary
FUND
SOURCE PURPOSE WHO M AY APPLY LOCAL
MATCH
Public
Transportation
Account
Budget
State funds
$7,000,000
Grant Min
$100,000
Grant Max
$1,000,000
Support planning
actions at local and
regional levels that
advance climate
change adaptation
efforts on the
transportation
system, especially
efforts that serve the
communities most
vulnerable to climate
change impacts.
The following are eligible to apply as a
primary applicant:
• MPOs
• RTPAs
• Transit Agencies
• Cities and Counties
• Native American Tribal
Governments
• Local and Regional Agencies
• Special Districts
The following are eligible to apply as a
sub-applicant:
• MPOs/RTPAs
• Transit Agencies
• Cities and Counties
• Native American Tribal
Governments
• Local and Regional Agencies
• Special Districts
• Universities and Community
Colleges
• Community-Based Organizations
• Non-Profit Organizations (501.c.3)
• Other Public Entities**
11.47% minimum
(in cash or an in-
kind* contribution).
Staff time from the
primary applicant
counts as cash
match.
* For in-kind contribution requirements, refer to Page 13 of this Guide.
**
Public entities include state agencies, the Regents of the University of California, district, public authority, public agency, and
any other political subdivision or public corporation in the State (Government Code Section 811.2).
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Grant Program Considerations
The Grant Program supports related State initiatives, explained further below. Competitive
applicants will reference in their application the identified State initiatives (as applicable) and how the
proposed project advances these initiatives, including:
• Executive Order S-13-08
• Executive Order B-30-15
• California Transportation Plan (CTP) 2040
• Regional Transportation Plan Guidelines
• 2017 General Plan Guidelines
• Integrated Climate Adaptation and Resiliency Program (ICARP)
• Addressing Disadvantaged Communities
State Policy
Executive Order S-13-08
EO-S-13-08 directs state agencies to plan for sea level rise and climate impacts through
coordination of the state Climate Adaptation Strategy (Safeguarding California).
http://www.climatechange.ca.g ov/state/executive_orders.html
Executive Order B-30-15
Executive Order B-30-15 specifically addresses the need for all of the State’s planning and
investments to consider the exposures and risks from a changing climate, anticipating current and
future impacts and disruptions that are likely to occur. The order establishes a California GHG
emissions reduction target of 40 pe rcent below 1990 levels by 2030, directs state government to take
climate change into account in all planning and investment decisions, and employ full life -cycle cost
accounting to evaluate and compare infrastructure investments and alternatives.
Executive Order B-30-15 describes four guiding principles when making planning and investment
decisions:
• Priority should be given to actions that both build climate preparedness and reduce GHG
emissions
• Where possible, flexible and adaptive approaches should be taken to prepare for uncertain
climate impacts
• Actions should protect the state's most vulnerable populations
• Natural infrastructure solutions should be prioritized
The Governor’s Office of Planning and Research led a Technical Advisory Group to develop
guidance to help State agency personnel decide when to take climate change into account when
planning infrastructure and investments, and how to do so while implementi ng the four above
principles, including how to increase social equity and health for vulnerable communities in the
course of planning and operations. The Guidance to implement Executive Order B -30-15 is
available here: http://opr.ca.gov/docs/20180313 -Building_a_Resilient_CA.pdf .
California Transportation Plan 2040
Applications should align with the goals and policies cited in the California Transportation Plan 2040
(specifically, Goal 2 “Preserve the Multimodal Transportation System,” Policy 3 “Adapt the
transportation system to reduce impacts fro m climate change”).
http://www.dot.ca.gov/hq/tpp/californiatransportationplan2040/Final%20CTP/FINALCTP2040 -Report-
WebReady.pdf
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2017 RTP Guidelines
On January 18, 2017 the California Transportation Commission adopted the 2017 RTP Guidelines
for Metropolitan Planning Organizations (MPOs) and the 2017 RTP Guidelines for RTPAs. Chapter
6.30 in the RTP Guidelines for MPOs (or Chapter 6.25 in the RTP Guidelines for RTPAs) focuses on
“Adaptation of the Regional Transportation System to Climate Change.”
http://www.dot.ca.gov/hq/tpp/offices/orip/rtp/index.html
2017 General Plan Guidelines
The General Plan Guidelines guide the preparation and content of general plans for all cities and
counties in California. Local governments are now required, per SB 379, to address climate change
adaptation and resiliency in their general plans. The General Plan Guidelines provide guidance in
meeting SB 379 requirements (see pages 150 -158).
http://www.opr.ca.gov/planning/general-plan/guidelines.html
Integrated Climate Adaptation and Resiliency Program
Senate Bill 246 (Wieckowski, 2015) established the ICARP within the Governor’s Office of Planning
and Research to coordinate regional and local efforts with State climate adaptation strategies
(Public Resources Code Section 71354). In support of these efforts, grantees will provide periodic
reports to the ICARP Technical Advisory Council (see reporting requirements on page 11).
http://www.opr.ca.gov/planning/icarp/
Addressing Disadvantaged Communities
Caltrans encourages applicants to address transportation needs and deficiencies in disadvantaged
communities, including communities vulnerable to climate change impacts . The optional tools below
are intended to help applicants define a context -dependent definition of a disadvantaged community.
Regional and/or local definitions of disadvantaged communities are acceptable . Applicants may also
consider other population characteristics, such as income or level of education. Tools and resources
for identifying disadvantaged communities are provide d below:
Defining Vulnerable Communities in an Adaptation Context, OPR Resource Guide
The Governor’s Office of Planning and Research, with input from the ICARP Technical Advisory
Council, developed a resource guide for practitioners to use when first considering how to define
vulnerable communities in an adaptation context. The document includes: (1) The ICARP Technical
Advisory Council’s definition of climate-vulnerable communities, (2) A summary of existing statewide
assessment tools that can be used to identify vulnerable communities in a climate adaptation
context, including a crosswalk with the ind icators that are required elements of an SB 1000 analysis;
(3) Additional indicators that could be used to assess underlying vulnerability on a case-by-case
basis; (4) A list of process guides that can serve to aid agencies undertaking efforts to define
vulnerable communities
SB 535 (De Leon, Statutes of 2012)
Senate Bill 535 (SB 535) tasked the California Environmental Protection Agency with defining
disadvantaged communities. SB 535 may assist applicants with defining disadvantaged
communities and the many factors to consider.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120SB535
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Assembly Bill 1550 (Gomez, Statutes of 2016)
Assembly Bill 1550 provides definitions for low-income households and low-income communities that
may be considered in application development.
(1) “Low-income households” are those with household incomes at or below 80 percent of the
statewide median income or with household incomes at or below the threshold designated as low
income by the Department of Housing and Community Development’s list of state income limits
adopted pursuant to Section 50093.
(2) “Low-income communities” are census tracts with median household incomes at or below 80
percent of the statewide median income or w ith median household incomes at or below the
threshold designated as low income by the Department of Housing and Community Development’s
list of state income limits adopted pursuant to Section 50093.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1550
CalEnviroScreen Version 3.0
CalEnviroScreen is a screening methodology that can be used to help identify California
communities that are disproportionately burdened by multiple sources of pollution.
http://oehha.maps.arcgis.com/apps/View/index.html?appid=c3e4e4e1d115468390cf61d9db83efc4
EJSCREEN: Environmental Justice Screening and Mapping Tool
EJSCREEN, developed by the United States Environmental Protection Agency, geospatially displays
public health and environmental data and allows users to compare local data against state and
national averages.
https://www.epa.gov/ejscreen
California Health y Places Index (HPI)
The Public Health Alliance developed a state-wide interactive data and mapping tool that provides a
detailed snapshot of the social and environmental conditions that contribute to health . The HPI
includes a composite score for each Census tract in the State. The higher the score, the healthier
the community conditions. HPI includes diverse non-medical economic, social, political and
environmental factors that influence physical and cognitive function, behavior , disease, and life
expectancy. https://healthyplacesindex.org/
California Department of Public Health (CDPH) Climate Change and Health Profile Reports
The CDPH Climate Change and Health Profile Reports are designed to help counties in California
prepare for the health impacts related to climate change. The reports present projections for county
and regional climate impacts, the climate -related health risks, and local populations that could be
vulnerable to climate effects.
https://www.cdph.ca.gov/Programs/OHE/Pages/ClimateHealthProfileReports.aspx
CDPH Climate Change and Health Vulnerability Indicators (CCHVIs)
CCHVIz is the interactive data visualization platform for the Climate Change & Health Vulnerability
Indicators for California (CCHVIs). It is produced by the CA Department of Public Health's Office of
Health Equity. The CalBRACE Project produced Climate Change a nd Health Vulnerability Indicators
to help stakeholders better understand the people and places that are more susceptible to adverse
health impacts associated with climate change. They are a suite of 21 indicators (18 available here)
of climate exposure, population sensitivity, and adaptive capacity to the impacts of climate change.
These indicators are being used by local and state programs to plan to meet the needs of the
communities most at risk of harm from climate change.
https://discovery.cdph.ca.gov/ohe/CCHVIz/
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CDPH Healthy Communities Data and Indicators Project (HCI)
The goal of the HCI is to enhance public health by providing a standardized set of statistical
measures, data, and tools that a broad array of sectors can use for planning healthy communities
and evaluating the impact of plans, projects, policy, and environmental changes on community
health.
https://www.cdph.ca.gov/Programs/OHE/Pages/HCI.aspx
Grant Program Overview
The overall intent of the Adaptation Planning grant program is to support local and regional
adaptation planning efforts on the transportation system .
Grant Specific Objectives
Applicants must demonstrate how the proposed effort will accomplish the following:
• Demonstrate on-going collaboration and partnerships between sectors and jurisdictions,
across levels of government at a regional scale
• Identify co-benefits of the adaptation work, such as benefits to public health, natural
ecosystems, air quality, social equity, the economy , or reductions in GHG.
Applicants should demonstrate how the proposed effort will accomplish one or more of the following:
• Identify climate change impact risks to multimodal transportation infrastructure in the project
area
• Identify specific transportation infrastructure vulnerabilities1 to climate change impacts
• Identify adaptation strategies and specific actions to remedy identified climate related
vulnerabilities
• Advance the planning of specific climate adaptation projects, such as developing a cost
estimate or conceptual design
• Include economic analysis and/or cost -benefit analysis of identified adaptation strategy or
strategies
Competitive applications should include one or more of the following:
• Identify benefit to disadvantaged and/or vulnerable communities, including transit-dependent
populations2 (when applicable)
• Demonstrate collaboration and partnerships with diverse external stakeholders such as
businesses, non-governmental agencies, community-based organizations, and community
residents
1 Transportation infrastructure includes, but is not limited to, roads, railways, bikeways, trails, bridges, ports, and airports.
Vulnerable transportation infrastructure is transportation infrast ructure that is susceptible to the impacts of climate change
(e.g. a pedestrian-use trail that cuts through a forested area that is expected to see increased fire risk due to climate
change).
2 Transit-dependent individuals are defined as individuals who are “too young, too old, cannot afford or do not have access
to an automobile or rely on transit to reach their destinations” (Westside Transportation Access Needs Assessment – Short
and Long Term Improvements, Papandreou, 2014).
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Example Adaptation Planning Grant Project Types
California is expected to see a wide variety of climate change impacts, including increased wildfires,
droughts, landslides, rising sea levels, floods, severe storms, heat waves, and impacts to wildlife.
We would like to see diverse project types from a diverse pool of applicants to respond to these
impacts. Applicants who have adaptation planning efforts underway as well as those who have not
yet started adaptation work are encouraged to apply. The examples below are provided to illustrate
the range of projects that may be appropriate for the grant program as well as to provide ideas to
potential applicants. However, proposed projects are not constrained by the categories below.
• Climate vulnerability assessments
• Extreme weather event evacuation planning, which could include:
o Identifying communities and individuals with inadequate access to transportation (e.g.
survey to determine number and location of transit dependent residents )
o Planning for increased transportation options in evacuation corridors
o Planning for roadway warning systems for extreme weather events
• Resilience planning
• Transportation infrastructure adaptation plans, such as:
o Evaluating the feasibility of realigning/relocating transportation infrastructure
impacted by sea level rise
o Evaluating the feasibility of a proposed wildlife underpass or overpass
• Natural and green infrastructure planning (e.g. wetlands restoration along transportation
corridors to protect transportation infrastructure f rom flooding and storm impacts, identifying
and removing barriers to habitat and wildlife connectivity.)
• Integration of transportation adaptation planning considerations into existing plans,
such as a climate mitigation or adaptation plan, Local Coastal Program, Local Hazard
Mitigation Plan, General Plan (including meeting Senate Bill 379 requirements ), or other
related planning efforts
• Evaluation of or planning for other adaptation strategies, such as:
o Providing transit shelters with shade, water, or other means of cooling in locations
expected to see temperature increases
o Planning for decentralized energy and storage for safeguarding against loss of power
and impacts to electric vehicles due to climate -related grid disruptions
• Educational and outreach activities that promote local adaptation planning , such as:
o Developing educational resources, trainings and workshops for local jurisdictions and
transportation service providers on any of the above listed adaptation planning
activities.
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Eligible Activities and Expenses
Please consult with Caltrans district staff for clarification regarding specific eligible activities or
expenses. Example eligible costs include:
• Staff time
• Consultant time
• Conceptual drawings and design
• Data and geospatial analysis
• Community surveys, meetings, charrettes, and focus groups
• Bilingual services for interpreting and/or translation services for meetings
• Community/stakeholder advisory groups
• Project-specific staffing
• Web application development and dashboards
Ineligible Activities and Expenses
Some activities, tasks, project components, etc. are not eligible under this grant program. If an
application has any of the following elements, it will be disqualified. Ineligible activities and expenses
include:
• Projects without a transportation nexus
• Project Initiation Documents
• Environmental studies, plans, or documents normally required for project development under
the National Environmental Policy Act or the California Environmental Quality Act
• Engineering plans and design specification work
• Regional Transportation Plans (RTP) or updates to the RTP
• Construction projects or capital costs, such as the building of a facility, or maintenance
• Purchasing of office furniture or other capital expenditures
• Decorations (e.g., for public workshop events)
• Acquisition of vehicles or shuttle programs
• Organizational membership fees
• Unreasonable incentives such as prizes for public participation . The use of incentives is
subject to Caltrans approval
• Charges passed on to sub-recipient for oversight of awarded grant funds
• Other items unrelated to the project
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Tools and Resources
It is not required that applicants consult the tools and resources below; however, this information is
included to provide applicants with existing data sources and support applicants who may want to
delve deeper into certain topics. Notable climate adaptation tools and resources include:
CalAdapt
http://cal-adapt.org/
Cal-Adapt provides a view of how climate change might affect California. Find tools, data, and
resources to conduct research, develop adaptation plans and build applications.
California Adaptation Planning Guide
http://resources.ca.gov/climate/safeguarding/local-action/
The Adaptation Planning Guide provides guidance to support regional and local communities in
proactively addressing the unavoidable consequences of climate change. It provides a step -by-step
process for local and regional climate vulnerability assessment and adaptation strategy
development.
Safeguarding California – California’s Climate Adaptation Strategy
http://resources.ca.gov/climate/safeguarding/
Safeguarding California is the strategy that organizes state government c limate change adaptation
activities.
ICARP Clearinghouse
http://opr.ca.gov/planning/icarp/
The Adaptation Clearinghouse serves as a centralized source of information that provides the
resources necessary to guide decision makers at the state, regional, and local levels when planning
for and implementing climate adaptation projects to promote resiliency to climate change in
California.
Vibrant Communities and Landscapes (Draft)
https://www.arb.ca.gov/cc/scopingplan/meetings/091316/vibrant%20communities.pdf
This document is intended to consider land use in the context of California’s climate change policy
and how the State can support actions, at all levels of government, to facilitate development and
conservation patterns that help to achieve the State’s climate goals.
Caltrans Vulnerability Assessments (under development)
http://www.dot.ca.gov/transplanning/ocp/vulnerability -assessment.html
To ensure the resiliency of the State Highway System, Caltrans is conducting vulnerability
assessments statewide. The assessments will identify vulnerable segments to climate change and
extreme weather events.
Addressing Climate Change Adaptation in Regional Transportation Plans
http://www.dot.ca.gov/hq/tpp/offices/orip/climate_change/documents/FR3_CA_Climate_Change_Ada
ptation_Guide_2013-02-26_.pdf
This guide is intended to support planning agencies in incorporating the risks of climate change
impacts into their existing decision-making, complementing the broader planning and investment
processes that MPOs and RTPAs already manage.
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Ocean Protection Council Sea-Level Rise Guidance
http://www.opc.ca.gov/webmaster/ftp/pdf/agenda_items/20180314/Item3_Exhibit -
A_OPC_SLR_Guidance-rd3.pdf
The State of California Sea -Level Rise Guidance reflects advance s in sea-level rise science and
addresses the needs of state agencies and local governments as they incorporate sea -level rise into
their planning, permitting, and investment decisions.
California Coastal Commission Sea Level Rise Policy Guidance
https://documents.coastal.ca.gov/assets/slr/guidance/August2015/0_Full_Adopted_Sea_Level_Rise
_Policy_Guidance.pdf
This guide pro vides an overview of the best available science on sea level rise for California and
recommended methodology for addressing sea level rise in Coastal Commission planning and
regulatory actions.
California Coastal Commission Statewide Sea Level Rise Vulner ability Synthesis
https://documents.coastal.ca.gov/assets/climate/slr/vulnerability/FINAL_Statewide_Report.pdf
The products showcased in this report will enhance the ability of Coastal Commission and other
decision‐makers to make well‐informed decisions about the long‐term planning and management of
critical resources along the coast.
California Water Action Plan
http://resources.ca.gov/docs/california_water_action_plan/Final_California_Water_Action_Plan.pdf
A roadmap for the first five years of the state’s journey toward sustainable water management.
Cal-Fire
http://calfire.ca.gov/index
California Department of Conservation – Landslide Hazards
http://www.conservation.ca.gov/cgs/geologic_hazards/landslides
The California Landslide Inventory is an o ngoing project to make the California Geological Survey
landslide information publicly accessible.
State Wildlife Action Plan
https://www.wildlife.ca.gov/SWAP/Final
The State Wildlife Action Plan includes conservation actions that respond to current and future
challenges with objectives and goals that are specific, measurable, and time bound.
CDFW Regional Conservation Investment Strategies
https://www.wildlife.ca.gov/conservation/planning/regional-conservation
The new Program encourages a voluntary, non -regulatory regional planning process intended to
result in higher-quality conservation outcomes and includes an advance mitigation tool. The Program
uses a science-based approach to identify conservation and enhancement opportunities that, if
implemented, will help California's declining and vulnerable species by protecting, creating, restoring,
and reconnecting habitat and may contribute to species recovery and adaptation to climate c hange
and resiliency.
CDFW Natural Communities Conservation Plans
https://www.wildlife.ca.gov/conservation/planning/nccp
A Natural Communities Conservation Plan identifies and provides for the regional protection of
plants, animals, and their habitats, while allowing compatible and appropriate economic activity.
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General Information and Requirements
This section provides a brief overview of the grant application review process : financial, contracting,
subcontracting, and legal requirements pertaining to the grant program. The content of this section
should be notably considered in the development of grant applications as it lays the foundation for
what to expect when applying for these grant funds. Upon award, grantees will receive more specific
guidelines including administrative and reporting requirements.
Application Review Process and Evaluation Considerations
Review Process
All applications submitted to the Adaptation Planning Grant Program go through multiple levels of
review including reviews by Caltrans district and HQ staff, and State interagency review committees.
District staff reviews all applications for content, submission of proper documentation, and overall
relationship to regional and local planning efforts. The district rates each application and provides
comments to inform the State interagency review committee. The grant review committees evaluate
applications for content, completeness, meeting technical requirements, overall relationship to
statewide planning efforts, and compliance with state and federal planning requirements. Grant
applications that address every aspect of the grant specific objective s will score higher overall.
Caltrans has diverse applicants and project types, which makes it difficult to use a one -size fits all
scoring rubric. Therefore, applications will be scored based on how well they are able to describe
the project, justify need, incorporate the grant specific objectives, and develop a scope of work and
project timeline, all in accordance with this grant guide, samples and checklists provided, as
applicable and appropria te for the applicant and project type. Once the grant review committees
evaluate, rank, and select the best applications for grant funding, final recommendations are
presented to Caltrans management and California State Transportation Agency for approval.
Performance Considerations
Previous Caltrans transportation planning grantee performance will be considered during the
evaluation process. Applicants with a history of inadequate performance such as poor grant project
management, failure to achieve grant project milestones, untimely invoice submittals, or an overall
poor quality of the final grant product may be at a competitive disadvantage in the application review
process. Grant funds may not be awarded to prior grant recipients with unresolved past grant
performance issues. Additionally, applicants that have an excess ive balance of or consistently
relinquish any transportation funds administered by Caltrans Planning and/or have unresolved audit
issues or findings will also be at a competitive disadvantage in the application review process.
Applicants that have also fa iled to satisfy the required state and federal planning requirements,
including submittal and administration of Overall Work Programs (OWPs), RTPs, and Transportation
Improvement Programs, may not be awarded grants.
Award Terms
Caltrans is committed to being an active partner. If awarded a grant, the applicant should include
Caltrans district staff when planning both technical advisory and community meetings. In addition,
Caltrans district staff will help to ensure that the approved Scope of Work, Pro ject Timeline, and
project funding will be maintained throughout the life of the contract . Applicants are also
recommended to engage Caltrans district staff throughout the entire grant life, when applicable.
If an agency does not demonstrate adequate performance and timely use of funds, Caltrans may
take appropriate actions, which can include termination of the grant.
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Contracting with Caltrans and Project Timelines
Project Start Dates
Grant awards are anticipated for release in spring of 2019. All awarded grant funds must be
programmed during the State’s FY 2019-20. The project start date depends on the metho d of
contracting with Caltrans. For MPOs and RTPAs with a current Master Fund Transfer Agreement
(MFTA), work may begin as early as July 2019. For awarded grantees that do not have a current
MFTA with the Office of Regional Planning (i.e. cities, counties, transit agencies, Tribal
Governments), Caltrans will contract directly with the primary grant recipients through the Restricted
Grant Agreement (RGA) process. For grant recipients that undergo the RGA contracting process,
work may begin as early as October 2019, assuming the grantee has received a fully executed
contract and has been notified by Caltrans district staff to begin work. It is important for applicants to
reflect the estimated project start date in the Scope of Work an d Project Timeline. Project Timeline
constraints for both methods of contracting with Caltrans are provided below. Awardees are required
to submit all supporting materials and a signed agreement or risk forfeiting the grant award.
Restricted Grant Agreement Project Timeline
Consider these dates when developing the Scope of Work and Project Timeline:
October 2019 Anticipated start date
February 28, 2022
• Contract expires (no time extensions will be granted)
• Reimbursable work must be completed
April 28, 2022
• All final invoices must be submitted to Caltrans for approval and reimbursement. This allows
Caltrans sufficient time to comply with the State Controller’s Office payment requirements.
Master Fund Transfer Agreement Project Timeline (MPOs/RTPAs Only)
Consider these dates when developing the Scope of Work and Project Timeline:
July 2019
• Anticipated start date
April 28, 2022 (no time extensions will be granted)
• All final invoices and final products must be submitted to Caltrans for approval and
reimbursement. This allows Caltrans sufficient time to comply with the State Controller’s
Office payment requirements.
Contract Options for Native American Tribal Governments
Native American Tribal Governments have the following options for contracting w ith Caltrans:
(1) Contracting with Tribes Directly – The authority Caltrans uses to contract with tribes directly
comes from the California Streets and Highways Code Section 94, and is extremely limited.
Caltrans Legal requires the tribes to provide a limite d waiver of sovereign immunity. However,
Caltrans’ Native American Liaison Branch ensures that any waiver is very specifically limited in
scope and in time to only apply to the contract itself (and to any possible audits). In an effort to
streamline the RGA contracting process, there is a n RGA boilerplate template available upon
request.
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(2) Partnering with a Regional Agency – Another mechanism for contracting with Caltrans is to
collaborate with an MPO or RTPA. Caltrans can pass through gra nt funding to tribes for planning
projects where options or time are limited . This option uses the three-part contract,
MFTA/OWP/OWPA, and is usually the quickest option to allow planning projects to get started.
(3) Transferring Funds Pursuant to 23 U.S.C. 202(a)(9) – Section 202(a)(9) of title 23, United
States Code encourages cooperation between States and Tribes by allowing any funds received
from a State, county, or local government to be credited to appropriations available for the Tribal
Transportation Program (TTP). One potential source of such funding is funds apportioned or
allocated to a State under title 23. Section 104(f)(3) allows the Secretary of Transportation to, at
the request of a State, transfer among States, or to the FHWA, funds that have been so
apportioned or allocated. This provision, used in conjunction with the authority under 23 U.S.C.
209(a)(9), allows State funds to be transferred to FHWA, which in turn would provide the funds to
the specified Tribe. Please view this document for more information.
Caltrans has successfully used the federal Section 202(a)(9) process to transfer grant funds to a
Native American Tribal Government. In order to use this transfer process, an agreement would
need to be in place with the Federal Highway Administration (FHWA) or Bureau of Indian Affairs,
the Tribe, and the State that clearly identifies the project and the roles and re sponsibilities of all
parties. Each interagency fund transfer includes 1) a fund transfer template and 2) an addendum
lining out the specifics of the terms. This option requires involvement and approval by Caltrans
Legal and the funds must be used for the intended purpose of the awarded Adaptation Planning
grant.
Grant Project Administration Requirements
Overall Work Program (for MPOs/RTPAs Only)
All MPOs and RTPAs must have the entire grant award and local match programmed in the FY
2019-20 OWP no later than November 1, 2019. Approved grant projects must be identified as
individual Work Elements in the current OWP and in future OWPs until the project is completed.
Reporting
For MPOs and RTPAs, the progress of each awarded grant project must be included as part of the
OWP Quarterly Progress and Expenditure Report. If this method of reporting is not adequately
satisfied, Caltrans staff will require separate quarterly reports f or each awarded grant project.
All other primary grant recipients shall submit progress reports every quarter for each awarded grant
project. Caltrans district staff will provide the brief report form and due dates.
Because this is the first State Adaptation Planning grant of its kind, Caltrans and the Governor’s
Office of Planning and Research are looking to identify and share the lessons learned from this grant
opportunity to inform other existing or new state grant programs. To this end, all primary grant
recipients will prepare a short write -up to be included in the ICARP Clearinghouse (described on
page 8), which was developed to share information, resources, and case studies with local and
regional jurisdictions. At a minimum, grantees will be asked to prepare a case study describing the
application and proposed project and a case study on the completed project or plan, including a
PowerPoint presentation deck and GIS files of maps whe n applicable. Case studies should
emphasize processes or results that can be adapted or replicated for use in multiple jurisdictions or
in various parts of the state . These studies will be used to develop guidance for adaptation work in
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the future. Caltrans will share progress reports with the ICARP Technical Advisory Council at regular
intervals.
Grantees are also invited and encouraged to request technical assistance support from the ICARP
program, including bringing key challenges or lessons learned to the Technical Advisory Council for
their input. Caltrans staff will provide grant recipients with ICARP contact info upon request.
Final Product
All final reports funded through the Adaptation Planning Grant Program shall credit Caltrans’ financial
participation on the cover or title page. An electronic c opy of all final reports shall be forwarded to
the Caltrans district office responsible for the administration and oversight of the grant.
Ownership
Any technologies or inventions that may result from the use of these grants are in the public domain
and may not be copyrighted, sold, or used exclusively by any business, organization, or agency.
Caltrans reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or
otherwise use and to authorize others to use for public purposes .
Third Party Contracts
The agreements between a grantee and a sub -recipient, consultant, or sub-consultant are often
referred to as “third party contracts.” An eligible sub -applicant will be identified by an eligible
applicant on the onset of the application. If a grantee or a sub-recipient is going to hire a consultant
to perform work during the project, then proper procurement procedures must always be used.
Grantees may use their agency’s procurement procedures as long as they comply with the Local
Assistance Procedures Manual, Chapter 10. In addition, work can only be contracted if it has been
stated in the applicant’s Scope of Work and Project Timeline. A grantee is fully responsible for all
work performed by its sub-recipient, consultant, or sub-consultant. Caltrans solely enters into a
contract directly with the grantee; therefore, the grantee is responsible to ensure that all third parties
adhere to the same provisions included in the contractual agreement between Caltrans and the
grantee.
All government funded consultant procurement transactions must be conducted using a fair and
competitive procurement process that is consistent with the Local Assistance Procedures Manual,
Chapter 10. All documentation of third party contract procurements must be retained and c opies of
all agreements must be submitted to Caltrans. For more information on third party contracting, visit the
following link:
Local Assistance Procedures Manual: http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm
Non-Discrimination Requirements
Title VI Non-Discrimination Requirement
Title VI of the U.S. Civil Rights Act prohibits discrimination on the basis of race, color, or national
origin in programs or activities receiving federal financial assistance. A similar prohibition applies to
recipients of state funds under California Go vernment Code section 11135, which prohibits
discrimination on the basis of race, color or national origin, as well as ethnic group identification,
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religion, age, sex, sexual orientation, genet ic information, or disability. Specifically, Title VI provides
the following:
No person in the United States shall, on the ground of race, color, national origin,
religion, sex, age, or disability be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving financial
assistance from the Federal government.
The FHWA and the Federal Transit Administration each have requirements that recipients of
Metropolitan Planning federal funds must demonstrate continued compliance with Ti tle VI.
Compliance with Title VI includes conducting meetings in a fair and reasonable manner that are
open to all members of a community. Compliance reflects not only the law, but is also a good policy
that builds the kind of trust and information shari ng upon which successful planning is done. Even
where a city or county may not be receiving federal funding for transportation, the Civil Rights
Restoration Act of 1987 also obligates that a city or county comply with Title VI, if it receives any
other federal funding for any program.
Disadvantaged Business Enterprises
The Road Repair and Accountability Act of 2017 requires Caltrans to develop a plan to increase, up
to 100 percent, the dollar value of contracts/procurements awarded to Small Businesses,
Disadvantaged Business Enterprises (DBEs), and Disabled Veteran Business Enterprises (DVBEs).
Caltrans is required to have this plan by January 1, 2020. Until then, successful grant applicants are
expected to market contracting opportunities to all small businesses, including DBEs and DVBEs.
For details about DBE requirements, visit the Office of Regional Planning DBE website at:
http://www.dot.ca.gov/hq/tpp/offices/orip/DBE/DBE.html .
Invoicing and Financial Requirements
Requests for Reimbursements
Grant payments are made only as reimbursements. Invoices or Requests for Reimbursements
(RFR) need to be submitted no more frequently than monthly or at a minimum quarterly. Grantees
must pay sub-recipients and subcontractors prior to submitting a RFR to Caltrans. A one-time, lump
sum RFR for the entire grant is not allowed. Local match (cash and third party in-kind
contributions) must be expended on a proportional basis coinciding with each grant Work Element
(MPOs/RTPAs only) and/or tasks in each RFR. The proportional spread of local match for each task
and subtask must be clearly identified in the Project Timeline. The minimum required local match
(i.e., 11.47 percent) must be rendered during the invoicing period to which the matching requirement
applies. The minimum required local match must also be satisfied with each RFR.
Local Match Contribution
All grants require a local match. Revenue sources for a local match can include local sales tax,
special bond measures, private donations, private foundations, etc. The Adaptation Planning grants
require the applicant to provide a minimum 11.47 percent local match —any source of funds may be
used as long as the proposed grant work is an eligible activity for the local match fund source . The
minimum local match is a percentage of the total project cost (i.e., minimum local match
amount plus the grant amount) and is represented on the Project Timeline at the task and
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subtask-level. The local match can be all cash, all third party in-kind contributions, or a combination
of the two. Staff time from the primary applicant counts as cash match.
Table 3: Illustrates the local match as a percentage of the Total Project Cost:
Grant Program Grant Request Local Match Total Project Cost
Adaptation
Planning
88.53%
Example:
$300,000
11.47%
Example:
$38,868.18
100%
Example:
$338,868.18
To better assist applicants, the Local Match Calculator can be found at:
http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/2015/Match_Calculator.xlsx
Third Party In-Kind Contributions
Third party in-kind contributions are typically goods and services donated from outside the primary
grantee’s agency. Examples of third party in -kind contributions include donated printing, facilities,
interpreters, equipment, advertising, time and effort, staff time, and other goods and services. The
value of third party in-kind contributions must be directly benefiting and specifically identifiable to the
project. Third party in-kind contribution information must be identified on the Grant Application Cover
Sheet, the Project Timeline, and the project specific Work Element in the OWP (if applicable).
If third party in-kind contributions are used to satisfy the local match requirements, a third party
in-kind valuation plan must also be submitted to Caltrans for approval as a condition of grant
acceptance. The third party in-kind valuation plan is an itemized breakdown by task and serves as
documentation for the goods and/or services to be rendered. The Third Party In -Kind Valuation Plan
Checklist and Sample are provided on Page 34.
Accounting Requirements
Grantees are required to maintain an accounting and record system that properly accumulates and
segregates incurred project costs and matching funds by line item. The accounting system of the
grantee, including its sub -applicants and subcontractors, must conform to Generally Accepted
Accounting Principles that enable the determination of incurred costs at interim points of completion
and provides support for reimbursement payment vouchers or invoices sent to or paid by Caltrans.
Allowable project costs must comply with 2 Code of Federal Regulations (CFR), Part 200. It is the
grantee’s responsibility, in conjunction with Caltrans district staff, to monitor work and expenses to
ensure the project is completed according to the contracted Scope of Work and P roject Timeline.
Grantees must monitor work and costs to ensure invoices are submitted on a regular and timely
basis (monthly or quarterly as milestones are completed). Grantees must communicate with their
local Caltrans district staff to ensure any issues are addressed early during the project period.
Indirect and Direct Costs
Indirect costs require an Indirect Cost Allocation Plan (ICAP). For example, reproduction costs,
computer rental and office supplies are considered indirect costs. However, if these costs are tied to
a specific task or activity, they are considered direct costs.
If a grantee, including sub -recipients and third party contractors/consultants, are seeking
reimbursement of indirect costs, they must annually submit an ICAP or an Indirect Cost Rate
Proposal (ICRP) to Caltrans Audits and Investigations for review and approval prior to
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reimbursement. An ICAP or ICRP must be prepared and submitted in accordance with 2 CFR, Part
200. For more information visit the following website:
Indirect Cost Allocation Plan : http://www.dot.ca.gov/hq/audits/icap_icrp.html
Due to the competitive nature of the grant award process, applications must include any indirect
costs in the Project Timeline. Indirect costs can only be reimbursed if they are identified in the
Project Timeline submitted with the initial application.
Travel Expenses
Grantees may be eligible to claim travel expenses if they have been approved in the Scope of Work
and Project Timeline. Travel expenses and per diem rates are not to exceed the rate specified by
the California Department of Personnel Admin istration for similar employees (i.e. non -represented
employees). For more information on eligible travel expenses, visit the following website:
Caltrans Travel Guide: http://www.dot.ca.gov/hq/asc/travel/
Pre-Award Audit
The Adaptation Planning grants are available in amounts up to $1 million. However, any awarded
grant in excess of $250,000 may require a pre -award audit. The pre-award audit is to ensure that
recipients of State funds maintain adequate financial management systems prior to receiving the
funds. Pre-award audits may be required of new grantees, agencies that have not recently been
audited, agencies that have undergone prior audits with significa nt weaknesses or deficiencies in
their financial management systems, or those determined to be a higher risk to Caltrans. If a
pre-award audit is needed, the local Caltrans district office will contact the grantee to facilitate the
appropriate action.
Application Preparation
The Adaptation Planning Grant Program is highly competitive. This section provides applicants with
supplemental information as well as details on required documents that must accompany an
application at the time of submittal. All applicants are strongly encouraged to adhere to these
requirements in order to be competitive during the application evaluation process.
Early Coordination with Primary Applicants
Sub-applicants are encouraged to work far in advance of the application deadline with the
appropriate primary applicant to coordinate application development. It is also beneficial for
sub-applicants to be informed of the appropriate primary applicant process and schedule, as they
may differ slightly from those of Caltrans. RTPAs residing within MPO boundaries should also
coordinate application development with the MPO, as it is critical to ensure that proposed studies
align with the RTP/SCS for the entire MPO region and do not duplicate efforts being applied for or
already awarded to the MPO.
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Technical Assistance
Caltrans district office staff (see Page 38) is available during the application period to discuss
potential projects, answer questions, and help interested groups complete their applications.
For questions specific to the Grant Application Guide, applicants are also welcomed to contact the
Caltrans Headquarters lead staff:
Julia Biggar
Julia.Biggar@dot.ca.gov
(916) 654-6344
Ali Doerr
Alexandra.Doerr@dot.ca.gov
(916) 653-9248
Tips and Pointers for Writing a Successful Grant Application
General Tips
Consult with your district representative for technical assistance before the application
deadline.
Use the Samples and Checklists provided for the Application, Scope of Work, and Project
Timeline.
Include Caltrans as an active partner in the study.
Provide letters of support and project area photographs to enhance the application.
Project Description
Concisely describe the project in less than 100 words. Explain “What parties are involved,
the proposed major milestones, the plan/study start/end dates, the general project area
boundaries, and why the project is necessary.”
Project Justification
Clearly define and explain the transportation problem or deficiency that the project will
attempt to address. Why is it critical to address the problem now? Make the case for a
critical need that the project will address and support it with verifiable data, if available.
Grant Specific Objectives
Clearly demonstrate how the project promotes climate change adaptation planning on the
California transportation system. Also demonstrate how the project aligns with the Grant Specific
Objectives.
Project Management
Scope of Work: Identify the project area demographics, public participation, and project
implementation.
Project Timeline: Identify the current indirect cost rate if indirect costs will be sought for
reimbursement. If FY 2019-2020 indirect cost rates are not available, the rate will be an
estimate based on the currently approved rate.
Keep administrative project tasks below five percent of the grant amount requested .
Ensure the correct minimum local match amount, calculated as a percentage of the total project
cost (grant plus local match), is provided. Each task and sub-task must also have the minimum
local match.
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Application Submittal Instructions
All grant application packages are required to be submitted via e-mail. An agency may only
submit one application package per e -mail. The Caltrans district contact must be copied (refer to
the District Contact List on Page 38 and the subject line needs to identify the district number, grant
program, and brief project title (e.g., D1, SC, City of Can Do Planning Project). The required items
outlined on the Grant Application Checklist on Page 19 must be attached to the e-mail as separate
documents. Applicants will receive an email reply by 5pm on (DAY), October XX, to confirm
receipt of applications submitted.
Please submit your application package to: Adaptation.Planning.Grants@dot.ca.gov
APPLICATIONS MUST BE SUBMITTED VIA E-MAIL NO LATER THAN
FRIDAY, NOVEMBER 3, 2018
BY 5:00 PM
HARD COPIES WILL NOT BE ACCEPTED AND
LATE APPLICATIONS WILL NOT BE REVIEWED
The Grant Application Guide and application form and required templates are available at the
following website: http://www.dot.ca.gov/hq/tpp/grants.html
Caltrans anticipated award announcements:
May 2019
Download the latest version of Adobe Reader DC ® to complete the
application form. This version of Adobe is available free of charge.
Caltrans district staff is available during the application period to discuss potential
projects, answer questions, and help interested groups complete their applications.
Refer to the District Contact List on Page 38 for contact information.
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Grant Application Checklist
The following documents are required and must be submitted via e -mail as separate
attachments. Please do not combine documents into a single attachment. Please keep file
names brief, as files become corrupted when the names are too long. Refer to the Grant
Application Guide for additional information and/or samples. Failure to include any of the required
documents will result in a reduced application score.
Required Application Documents (Required formats/templates are provided online at:
http://www.dot.ca.gov/hq/tpp/grants.html)
Application (Complete and submit the PDF form in the exact format provided
online at http://www.dot.ca.gov/hq/tpp/grants.html - Scanned or hard copies of
the application will not be accepted)
Application Signature Page (print, sign, and scan this page in PDF format)
Scope of Work (Microsoft Word format) – see pages 27 – 31
Project Timeline (Microsoft Excel format) – see pages 32 – 33
Third Party In-Kind Valuation Plan (if applicable) – see page 34
Map of Project Area (a map of the project area is required to clearly identify the
boundaries of the project area and to provide context for the project )
Supplemental Information:
The following documents are not required, but enhance the overall application and typically result in
a more competitive application during the evaluation process.
Graphics of Project Area (when applicable)
o Clearly labeled photographs, maps, planning diagrams, land use or design
illustrations, or other relevant graphic representations of the proposed project area
convey existing conditions and help to further explain the need for the grant. Please
ensure that graphics include a text description to provide context.
Letter(s) of Support
o If submitted, letters of support must be included with the application package.
Letters received separate from the application package may not be considered. The
letters should be addressed to the applicant. Such letters can come from
community-based organizations, local governments, Native American Tribal
governments, service agencies, and elected officials.
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Grant Application Preview
Pages 20 – 26 provide a preview of the Adaptation Planning Grant Application form for FY 2019-20.
Applicants can access the grant application form document at
http://www.dot.ca.gov/hq/tpp/grants.html.
APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
PROJECT TITLE
PROJECT LOCATION
(city and county)
APPLICANT SUB-APPLICANT SUB-APPLICANT
Organization
Mailing Address
City
Zip Code
Executive
Director/designee
and title
Mr. Ms. Mrs. Mr. Ms. Mrs. Mr. Ms. Mrs.
E-mail Address
Contact Person
and title
Mr. Ms. Mrs. Mr. Ms. Mrs. Mr. Ms. Mrs.
Contact E-mail
Address
Phone Number
FUNDING INFORMATION
Use the Match Calculator to complete this section.
Match Calculator
Grant Funds
Requested Local Match - Cash Local Match - In-Kind Total Project Cost
$ $ $ $
Specific Source of Local Match and Name Provider
(i.e., local transportation funds, local sales tax, special bond measures, etc.)
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2018-19
LEGISLATIVE INFORMATION*
Please list the legislative members in the project area. Attach additional pages if necessary.
State Senator(s) Assembly Member(s)
Name(s) District Name(s) District
*Use the following link to determine the legislators:
http://findyourrep.legislature.ca.gov/ (search by address)
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
1. Project Description (100 words maximum): Briefly summarize project in a clear and concise
manner, including major deliverables, parties involved, and any connections to local plans or policies
and Grant Program Considerations (Grant Application Guide Pages 3-5):
o Executive Order S-13-08
o Executive Order B-30-15
o California Transportation Plan (CTP) 2040
o Regional Transportation Plan Guidelines
o 2017 General Plan Guidelines
o Integrated Climate Adaptation and Resiliency Program (ICARP)
o Addressing Disadvantaged Communities
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
2. Project Justification: Describe the problems or deficiencies the project is attempting to address,
as well as how the project will address the identified problems or deficiencies. Additionally, list the
ramifications of not funding this project.
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
A. Applicants should demonstrate how the proposed effort would integrate grant program
considerations:
• Executive Order S-13-08
• Executive Order B-30-15
• California Transportation Plan (CTP) 2040
• Regional Transportation Plan Guidelines
• General Plan Guidelines
• Integrated Climate Adaptation and Resiliency Program (ICARP)
• Addressing Disadvantaged Communities
B. Applicants must demonstrate how the proposed effort will accomplish the following:
• Demonstrate on-going collaboration and partnerships between sectors and jurisdictions,
across levels of government at a regional scale
• Identification of co-benefits of adaptation work, such as benefits to public health , natural
ecosystems, air quality, social equity, the economy , or reductions in greenhouse gas
emissions
C. Applicants should demonstrate how the proposed effort will accomplish one or more of the
following:
• Identify system-wide climate change impact risks to multimodal transportation infrastructure
in the project area
• Identify specific transportation infrastructure vulnerabilities to climate change impacts
• Identify adaptation strategies and specific actions to remedy identified climate related
vulnerabilities
• Advance the planning of specific climate adaptation projects, such as developing a cost
estimate or conceptual design
• Include economic analysis and/or cost -benefit analysis of identified adaptation strategy or
strategies
D. Competitive applications should include one or more of the following:
• Identification of and benefit to disadvantaged/and or vulnerable communities, including
transit-dependent populations (when applicable)
• Demonstration of collaboration and partnerships with diverse external stakeholders such as
businesses, non-governmental agencies, community-based organizations, and community
residents
3. Grant Specific Objective: Explain how the proposed project addresses the grant specific
objectives of the Adaptation Planning Grant Program.
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
4. Project Management (See Scope of Work and Project Timeline samples and checklists for
requirements. (Grant Application Guide, Pages 27-33), also online at:
http://www.dot.ca.gov/hq/tpp/grants.html.
A. Scope of Work in required Microsoft Word format
B. Project Timeline in required Microsoft Excel format
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APPLICATION PREVIEW
CALTRANS ADAPTATION PLANNING GRANT APPLICATION
FY 2019-20
Application Signature Page
If selected for funding, the information contained in this application will become the
foundation of the contract with Caltrans.
To the best of my knowledge, all information contained in this application is true and correct.
If awarded a grant with Caltrans, I agree that I will adhere to the program guidelines.
Signature of Authorized Official (Applicant) Print Name
Title Date
Signature of Authorized Official (Sub-Applicant) Print Name
Title Date
Signature of Authorized Official (Sub-Applicant) Print Name
Title Date
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Scope of Work Requirements
Scope of Work Checklist
The scope of work is the official description of the work that is to be completed during the contract.
The scope of work must be consistent with the project timeline . Applications with missing
components will be at a competitive disadvantage. Please use this checklist to make sure your
scope of work is complete.
The scope of work must:
Use the FY 2019-20 template provided and in Microsoft Word format
List all tasks and sub-tasks using the same title as stated in the project timeline
Include task and sub-task numbers in accurate and proper sequencing; consistent
with the project timeline
Include the activities discussed in the grant application
List the responsible party for each task and subtask and ensure that it is
consistent with the project timeline (i.e. applicant , sub-applicant, or consultant)
Include a thorough Introduction to describe the project and project area
demographics, including a description of the vulnerable populations involved with
the project, if applicable
Include a thorough and accurate narrative description of each task and sub-task
Include a task for a kick-off meeting with Caltrans at the start of the grant
Include a task for completing two case studies that will be included in OPR’s
Adaptation Clearinghouse
Include a task for procurement of consultants, if consultants are needed
Include a task for invoicing
Include a task for quarterly reporting to Caltrans
Include detailed public participation and services to diverse communities
Include project implementation/next steps
List the project deliverable for each task in a table following each task and ensure
that it is consistent with the project timeline
Exclude environmental, complex design, engineering work, and other ineligible
activities
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Sample Scope of Work
City of “Can Do” Adaptation Plan
The City of “Can Do” has submitted a Adaptation Plan which will provide a conceptual climate
change adaptation planning foundation for integration into the City’s General Plan (per the
requirements of 379). The Plan will develop a framework for addressing known existing climate
change vulnerabilities of the community. The City intends to gather public input through interactive
community workshops which will be the driving factor of the planning process, and will provide co -
benefits including outreach and discussion with disadvantaged commun ities. The City’s Adaptation
Plan will contain planning information and projections, recommended strategies, and create
conceptual designs. It is the City’s intent that once this plan is complete, it will lead to
implementation and development of adaptation projects.
The scope of work shown below reflects the anticipated process and deliverables for the City ’s
Adaptation Plan.
RESPONSIBLE PARTIES
The City, with the assistance of a consulting firm, will perform this work. The City has not yet
selected a consulting firm and the proper procurement procedures will be used through a competitive
RFP process. City staff anticipates these figures will not differ substantially and will not exceed the
grant request amount.
OVERALL PROJECT OBJECTIVES
• Develop and analyze climate change vulnerability maps to identify at -risk transportation
assets, resources, and transit-dependent populations within the city boundary
• Identify interdependencies between the transportation system and other infrastructure and
community services to highlight vulnerable areas with greatest possible con sequences if
damaged/impacted
• Develop strategies to increase both physical and social resilience of the community’s
transportation system to climate change
• Improve early warning systems for extreme weather events
• Facilitate meetings between community residents, infrastructure owners/operators, and
businesses to determine adaptation priorities, implementation timelines, and possible funding
sources to increase the resilien ce of the transportation system
• Develop conceptual designs for green adaptation solutions for transportation infrastructure
1. Project Initiation
Task 1.1: Project Kick-off Meeting
• The City will hold a kick-off meeting with Caltrans staff to discuss grant procedures and
project expectations including invoicing, quarterly reporting, and all other relevant project
information. Meeting summary will be documented.
• Responsible Party: The City
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Task 1.2: Staff Coordination
• Monthly face-to-face project team meetings with consu ltants to ensure good communication
on upcoming tasks and to make sure the project remains on time and within budget .
Caltrans staff will be invited to the project team meetings.
• Responsible Party: The City
Task 1.3: RFP for Consultant Services
• Complete an RFP process for selection of a consultant using the proper procurement
procedures.
• Responsible Party: The City
Task 1.4: Identify Existing Conditions
• Gather existing vulnerabilities and background data by identifying opportunities and
constraints as well as standards that should be used to guide preparation of the plan such
as climate change projections (precipitation, sea level rise and storm surge, wildfires, and
temperature), asset locations and information, existing and planned land uses, population
characteristics, and travel projections within the City.
• Inventory and evaluate vulnerable transportation infrastructure, resources, and
transit-dependent communities.
• Responsible Party: Consultant
Task Deliverable
1.1 Meeting Notes
1.2 Monthly Meetings Notes
1.3
Copy of Procurement Procedures and
Executed Consultant Contract
1.4 Existing Conditions Report
2. Public Outreach
Note: All meetings will be publicly noticed to ensure maximum attendance . All public notices will be
in English and Spanish. Spanish translators and sign language interpreters will be present at all
workshops.
Task 2.1: Community Workshop #1
• Workshop. This workshop will introduce the project to the public, define project parameters,
inform the community of project opportunities and constraints, and solicit opinions from the
community to shape Task 3.1, Develop Adaptation Concept.
• Responsible Party: Consultant
Task 2.2: Community Workshop #2
• An interactive workshop that will use clicker technology, modeling tools, and maps to
present adaptation strategies and project alternatives . Community will decide on preferred
alternatives, where specific adaptation plans are possible. Continue to solicit feedback from
the community to shape Task 3.3, Draft.
• Responsible Party: Consultant
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Task 2.3: Community Workshop #3
• Present Draft Concept and Report and continue to solicit feedback for public comments to
shape Task 3.3, Draft Adaptation Plan and Task 3.6, Final Adaptation Plan.
• Responsible Party: Consultant
Task Deliverable
2.1
PowerPoint Presentation, Workshop Summary,
Photos
2.2
PowerPoint Presentation, Workshop Summary,
Photos
2.3
PowerPoint Presentation, Workshop Summary,
Photos
3. Adaptation Plan
Task 3.1: Develop Adaptation Concept
• Based on the existing conditions report and the community input from Workshop #1,
priorities for analysis and concept adaptation strategies will be developed . Conceptual
adaptation designs will incorporate natural infrastructure planning and will include plans,
sketches, and photos.
• Responsible Party: Consultant
Task 3.2: Develop Conceptual Design Concept Alternatives
• A sample project with up to three adaptation alternatives will be developed. Illustrations will
be made in plan view, as street cross sections, and a s sketches. A model simulation will be
developed for each alternative . The alternatives will be prepared and presented at
Community Workshop #2.
• Responsible Party: Consultant
Task 3.3: Draft Adaptation Plan
• Based on the adaptation priorities and strategies agreed upon in Workshop #2, a draft report
will be prepared. The draft report will be presented at Workshop #3 for public comment.
• Responsible Party: Consultant
Task 3.4: Identify Potential Funding Sources
• Review and identify potential fu nding sources for future implementation of priority projects.
• Responsible Party: Consultant
Task 3.5: Joint Planning/Emergency Management Advisory Commission Meeting
• Coordinate a joint session among the three commissions to review the draft report and
adaptation strategies. Solicit feedback, respond to any questions, and resolve any critical
issues.
• Responsible Party: The City/Consultant
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Task 3.6: Final Adaptation Plan
• Complete the final report that addresses the comments given from Workshop #3 and the
Joint Commission Meeting. Four hard-copies and four electronic copies of the final report
will be submitted to Caltrans. Credit of the financial contribution of the grant program will be
credited on the cover of the report.
• Responsible Party: Consultant
Task 3.7: Present Plan to City Council
• Present the final Adaptation Plan at the City Council meeting . Resolve any critical issues.
Action taken by City Council to Adopt/Accept/ Reject final City of Can Do Complete Street
Plan.
• Responsible Party: The City/Consultant
Task Deliverable
3.1 Sketches, illustrations
3.2 Sketches, illustrations
3.3 Draft Report
3.4 Funding Source Report
3.5 PowerPoint Presentation, Workshop Summary, Photos
3.6 Final Report
3.7 Meeting Notes
4. Fiscal Management
Task 4.1: Invoicing
• Submit complete invoice packages to Caltrans district staff based on milestone completion,
at least quarterly, but no more frequently than monthly.
• Responsible Party: The City
Task 4.2: Quarterly Reports
• Submit quarterly reports to Caltrans district staff providing a summary of project progress
and grant/local match expenditures.
• Responsible Party: The City
Task Deliverable
4.1 Invoice Packages
4.2 Quarterly Reports
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Project Timeline Requirements
Project Timeline Checklist
The project timeline is the official documentation of the budget and time frame of the project. The
project timeline must be consistent with the scope of work. Applications with missing components will
be at a competitive disadvantage.
The project timeline must:
Use the FY 2019-20 template provided (do not alter the template) and submitted in
Microsoft Excel format.
List all tasks and sub-tasks with the same title as stated in the scope of work.
Include task and sub-task numbers in proper sequencing, consistent with the scope
of work.
Include a task for a kick-off meeting with Caltrans at the start of the grant.
Include a task for procurement of consultants, if consultants are needed.
Include a task for quarterly reporting to Caltrans.
Include two tasks for OPR Adaptation Clearinghouse Case Studies
Include a task for invoicing.
List the responsible party for each task and sub -task, and ensure that it is consistent
with the scope of work (i.e. applicant, sub -applicant, or consultant).
Complete all budget columns as appropriate: Total Cost, Grant Amount, Local
Cash Match, and if applicable, Local In -Kind Match.
State a realistic total cost for each task based on the work that will be completed.
Project management/administration costs should not exceed 5 percent of the grant
amount requested.
Include a proportional spread of local match amongst each task. The match amount
must be at least the minimum amount required by the grant program.
Identify the indirect cost rate if indirect cost s will be reimbursed.
Include a best estimate of the amount of time needed to complete each task.
Start the timeframe at the beginning of the grant period (July 2019 for MPO/RTPAs;
October 2019 for non-MPO/RTPAs).
Extend the timeframe all the way to the end of the grant period. (Project end dates
differ based on applicant type. See Page s 11-12 for details)
List the deliverable for each task as stated in the scope of work.
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Sample Project Timeline
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Third Party In-Kind Valuation Plan Requirements
Third Party In-Kind Valuation Plan Checklist
The third party in-kind valuation plan is an itemized breakdown by task and sub -task and serves as
documentation for the goods and/or services to be donated. The third party in-kind valuation plan
must be consistent with the information provided on the Project Timeline and Grant Application Cover
Sheet.
This document is required upon grant award as a condition of grant acceptance.
The third party in-kind valuation plan must:
Use the FY 2018-19 template provided (do not alter the format).
Name the third party in-kind local match provider.
Describe how the third party in-kind local match will be tracked and documented for
accounting purposes.
Describe the fair market value of third party in -kind contributions and how the values
were determined.
Include an itemized breakdown by task and sub -task consistent with the project
timeline.
Identify consistent in -kind local match amount reflected on the grant application
cover sheet.
Sample Third Party In-Kind Valuation Plan
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Local Resolution Requirements
Local Resolution Checklist (Not Applicable to MPO/RTPAs)
A local resolution is NOT required at the grant application stage; however, it is required upon
award, as a condition of grant acceptance.
The local resolution must:
State the title of the project
State the job title of the person authorized to enter into a contract with Caltrans on
behalf of the applicant
NOT be more than a year old or will not be accepted
Include signature by the governing board of the grant applicant
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Sample Local Resolution
CIT Y OF CAN DO
RESOLUT ION NO. 009-2012
RESOLUT ION OF T HE BOARD OF DIRECTORS OF THE CITY OF CAN DO
AUT HORIZING T HE EXECUT IVE DIRECTOR TO EXECUTE AGREEMENTS WITH
THE
CAL IFORNIA DEPART MENT OF TRANSPORTATION FOR
THE CITY OF CAN DO COMPLETE STREET PLAN
WHEREAS, the Board of Directors of the Ci ty of Can Do is eli gible to receive
federal and/or State funding for certain transportation planning related plans, through
the California Department of Transportation
WHEREAS, a Restricted Grant Agreement is needed to be executed with the
California Department of Transportation before such funds can be claimed through
t h e Tr ansportati on Pl anning Grant Programs
WHEREAS, the City of Can Do wishes to delegate authorization to
execute these agreements and any amendments thereto;
NOW, T HEREFORE, BE IT RESOLVED by t he Board of Directors of the City of
Can Do, authorize the Executive Di rector, or designee, to execute all Restricted Grant
Agreements and any amendments thereto with the California Department of
Transportation.
AP PROVED AND PASSED this 4th day of August, 2015.
John Doe, Chair
ATTEST:
Eileen W right, Executive Di rector
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Caltrans District and Regional Agency Boundaries Map
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Caltrans District Contact List
DISTRICT GRANT CONTACT ADAPTATION CONTACT MPO/RTPA
DISTRICT 1
1656 Union
Street
P.O. Box
3700
Eureka, CA
95502
Mendocino and Lake Counties
Rex Jackman (707) 445-6412
Email: rex.jackman@dot.ca.gov
Del Norte and Humboldt
Counties
Kevin Tucker (707) 441-5770
Email: kevin.tucker@dot.ca.gov
Kevin Tucker
(707) 441-5770
kevin.tucker@dot.ca.gov
• Del Norte LTC
• Humboldt CAOG
• Lake CCAPC
• Mendocino COG
DISTRICT 2
1657
Riverside
Drive
Redding, CA
96001
Kathy Grah (530) 229-0517
Email: kathy.grah@dot.ca.gov
Kathy Grah
(530) 229-0517
Kathy.grah@dot.ca.gov
• Lassen CTC
• Tehama CTC
• Modoc LTC
• Trinity CTC
• Plumas CTC
• Siskiyou CLTC
• Shasta RTA
DISTRICT 3
703 B Street
Marysville,
CA 95901
El Dorado, Sacramento, and
Yolo Counties
Jeffery Morneau (530) 741-4543
Email:
jeffrey.morneau@dot.ca.gov
Butte, Colusa, Glenn, Nevada,
Placer, Sierra, Sutter, and
Yuba Counties
Kevin Yount (530) 741-4286
Email: kevin.yount@dot.ca.gov
Gary Arnold
(530) 741-4004
gary.arnold@dot.ca.gov
• Butte CAG
• Sierra LTC
• Colusa CTC
• Glenn CTC
• El Dorado CTC
• Nevada CTC
• Placer CTPA
• Sacramento Area
COG
• Tahoe MPO
DISTRICT 4
111 Grand
Avenue
P.O. Box
23660
Oakland, CA
94623-0660
Becky Frank (510) 286-5536
Email: becky.frank@dot.ca.gov
Blesilda Gebreyesus (510) 286-
5575
Email:
blesilda.gebreyesus@dot.ca.gov
Dick Fahey
(510) 286-5761
dick.fahey@dot.ca.gov
• Metropolitan
Transportation
Commission
DISTRICT 5
50 Higuera
Street
San Luis
Obispo, CA
93401-5415
Hana Mengsteab (805) 549-3130
Email:
hana.mengsteab@dot.ca.gov
Terri Persons
(805) 549-3103
terri.persons@dot.ca.gov
• Monterey TAMC
• Santa Cruz
CCRTC
• San Benito COG
• Association of
Monterey County
Bay Area
Governments
• Santa Barbara
CAG
• San Luis Obispo
COG
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DISTRICT GRANT CONTACT ADAPTATION CONTACT MPO/RTPA
DISTRICT
6
1352 W.
Olive
Avenue
P.O. Box
12616
Fresno, CA
93778-2616
Lorena Mendibles (559) 445-5421
Email:lorena.mendibles@dot.ca.gov
Paul Marquez
(559) 445-5867
paul-
albert.marquez@dot.ca.gov
• Fresno COG
• Tulare CAG
• Kern COG
• Kings CAG
• Madera CTC
DISTRICT
7
100 S. Main
Street
Los
Angeles,
CA 90012
Melanie Bradford (213) 897 -9446
Email:melanie.bradford@dot.ca.gov
Wilford Melton
(213) 897-1344
wilford.melton@dot.ca.gov
• Southern
California
Association of
Governments
DISTRICT
8
464 W. 4th
Street
Mail Station
722
San
Bernardino,
CA 92401
Rebecca Forbes (909) 388-7139
Email: rebecca.forbes@dot.ca.gov
Ricky Rivers
(909) 806-3298
ricky.rivers@dot.ca.gov
• Southern
California
Association of
Governments
DISTRICT
9
500 S. Main
Street
Bishop, CA
93514
Mark Heckman (760) 872-1398
Email: mark.heckman@dot.ca.gov
Mark Heckman
(760) 872-1398
mark.heckman@dot.ca.gov
• Inyo LTC
• Mono LTC
• Eastern Kern
(COG)
DISTRICT
10
1976 E. Dr.
Martin
Luther King
Boulevard
P.O. Box
2048
Stockton,
CA 95201
Mountain Counties
Gregoria Ponce (209) 948-7325
Email: gregoria.ponce@dot.ca.gov
Merced, San Joaquin, Stanislaus
Counties
Tom Dumas (209) 941-1921
Email: tom.dumas@dot.ca.gov
Lynn O’Connor
(209) 948-3975
lynn.oconnor@dot.ca.gov
• Alpine County
LTC
• Amador CTC
• Calaveras
COG
• Mariposa LTC
• Merced CAG
• Tuolumne
CTC
• San Joaquin
COG
• Stanislaus
COG
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DISTRICT
11
4050 Taylor
Street
Mail Station
240
San Diego,
CA 92110
San Diego County—
Barby Valentine (619) 688-6003
Email: barbara.valentine@dot.ca.gov
Imperial County—
Beth Landrum (619) 403-3217
Email: beth.landrum@dot.ca.gov
Ilene Gallo
(619) 688-6460
Ilene.gallo@dot.ca.gov
• San Diego
Association of
Governments
• Southern
California
Association of
Governments
DISTRICT
12
1750 E. 4th
Street
Santa Ana,
CA 92705
Marlon Regisford (657) 328-6288
Email: marlon.regisford@dot.ca.gov
Cole Iwamasa (657) 328-6540
Email: cole.iwamasa@dot.ca.gov
Yatman Kwan
(657) 328-6277
yatman.kwan@dot.ca.gov
• Southern
California
Association of
Governments
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Item 10
Meeting Date: 10/16/2018
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Manny Guzman, Construction Engineering Manager
SUBJECT: RAILROAD DISTRICT BOARDWALK REPLACEMENT SPECIFICATION
NO. 91615
RECOMMENDATIONS
1. Approve the plans and specifications for the Railro ad District Boardwalk Replacement
Specification No. 91615;
2. Authorize staff to advertise for bids;
3. Authorize the City Manager to award the contract if the lowest responsible bid is within the
Engineer’s Estimate of $331,000; and
4. Appropriate $350,000 from the City’s SB-1:Road Repair and Accountability Act 2018-19
Fiscal Year Funding
DISCUSSION
Background
Portions of the sidewalk on Santa Barbara Street from Broad to Leff are constructed of wood
planks, formerly which was the City’s standard installation for sidewalk in the Railroad District.
The boardwalk sidewalk does not have the required lifespan for municipal operations. On May
16, 2017, the City Council approved a new concrete paver style sidewalk standard to replace the
boardwalk sidewalk standard (see Attachment A).
The existing wood plank boardwalk sidewalk are in poor condition and must be addressed. On
April 17, 2018, the Council approved programming SB-1: Road Repair and Accountability Act
of 2017 (RMRA) funding to replace the exist ing boardwalk wood planks with new concrete
pavers. The new pavers will conform to the recently adopted design standard (see Attachment
B). The project will replace all the boardwalk wood planks for new concrete pavers style
sidewalk along: Santa Barbara Avenue, High Street and Osos Street.
This work will improve pedestrian safety in that important corridor and will reduce the ongoing
maintenance costs incurred with the wood plank boardwalk.
ENVIRONMENTAL REVIEW
This project is categorically exempt fr om environmental review pursuant to section 15301 of the
CEQA Guidelines (Existing Facilities) since it is a maintenance and replacement project. A
Notice of Exemption has been filed through the Community Development Department
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Item 11
FISCAL IMPACT
Funding for this project is proposed to be appropriated from the City’s 2018-19 SB 1 allocation
as programmed by Council action on April 17, 2018. Other sources of funding include the
Sidewalk Access Improvements Master Account (Specification No. 99868) which has a current
available balance of $64,462.39 and the project’s account (Specification No. 91615) which has a
current balance of $5,000, Local Revenue Measure funds to support this request.
ALTERNATIVE
Deny authorization to advertise. The City Council may choo se not to authorize project
advertisement. This is not recommended because without proper repairs the sidewalk would have
to be closed.
Attachments:
a - Vicinity Map
b - Concrete Paver District CAR
c - SB 1 Programming CAR
d - Council Reading FIle - 91615 Plans & Specs
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Item 11
Meeting Date: 5/16/2017
FROM: Daryl Grigsby, Public Works Director
Prepared By: David Athey, Supervising Civil Engineer
SUBJECT: RAILROAD DISTRICT SIDEWALK ENGINEERING STANDARD
MODIFICATION
RECOMMENDATION
1. Approve modifications to the Railroad District Sidewalk Engineering Standard 4150; and
2. Approve a new Railroad District Tree Well Engineering Standard 8135.
DISCUSSION
This staff report requests the approval of modifications to Engineering Standard 4150 and
approval of new Engineering Standard 8135. Engineering Standard 4150 provides construction
details for Railroad District boardwalk sidewalk. The proposed Engineering Standard 4150
modifications substitute colored concrete pavers for the current wood boardwalk sidewalk. This
change was initiated to reduce ongoing maintenance requirements and risk of people tripping and
falling. The establishment of Engineering Standard 8135 is being proposed to establish a new
tree well standard for the board walk sidewalk. The new standard will bring railroad tree well
construction in line with the rest of the City. The proposed Engineering Standards are a result of
a year-long public review input process.
Background
The Railroad District sidewalk is one of three standard sidewalk designs within the City of San
Luis Obispo. The other two standard designs include the downtown mission style sidewalk and
regular sidewalk used throughout the City. The Railroad District Sidewalk Standard was
established in 1998 along with the Railroad District Design Plan. The boardwalk sidewalk
design is used to honor the historic and cultural roots that San Luis Obispo has with the railroad.
Once installed, the boardwalk sidewalk works well for a couple of years but then starts to require
excessive maintenance. Examples of required
maintenance include protruding screws and
warped, rotted, and splintered boards. A picture
showing typical boardwalk sidewalk maintenance
needs is shown to the right. Therefore, staff
initiated a public process to change the sidewalk
standard to eliminate the trip and fall hazards,
provide a context appropriate sidewalk, and reduce
long-term maintenance costs.
City staff started the public input process by
soliciting boardwalk sidewalk replacement ideas
Picture 1 – Existing Boardwalk Sidewalk
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Item 11
from local design firms. A total of five different designs were submitted by local firms. The
ideas ranged from stamped concrete to concrete pavers. Each of the designs included elements
that would mimic boards or railroad track type elements. In addition, staff researched boardwalk
replacement ideas including using recycled plastic decking, stamped concrete that mimics the
look of wood, and hard woods such as Ipe as replacements. Staff visited Morro Bay to view both
recycled plastic boardwalk and stamped concrete sidewalk. With this information, staff
submitted a planning application to start the Boardwalk Standard Modification process.
Public Works and Community Development staff worked together to present several design
options to the Cultural Heritage Commission. Staff met with the Cultural Heritage Commission
on August 24, 2015, to present options for boardwalk replacement. The replacement options
included ideas ranging from brick and concrete pavers, stamped concrete, and wood
replacements. A matrix comparing the benefits and disadvantages of each was presented to the
Cultural Heritage Commission. Staff recommended the use of stamped concrete to maintain the
appearance of wood planking. Other interested parties including Railroad Museum
representatives spoke on the subject and supported the use of an alternative material. The
Cultural Heritage Commission ultimately recommended that staff investigate the use of pavers
rather than stamped concrete. In addition, the Cultural Heritage Commission requested that staff
meet with the San Luis Obispo Railroad Museum group to gather input on the proposed
substitute design.
Public Works staff met with the San Luis Obispo Railroad Museum Board on December 8, 2015,
to discuss the various options previously outlined at the Cultural Heritage Commission meeting.
The Museum Board was not in favor of stamped concrete solution as it was perceived as too
artificial for the historic district. The Railroad Museum Board also let staff know that while the
boardwalk was meant to mimic the historic sidewalk in the area, no record of a wood boardwalk
exists. After the Railroad Museum Board discussed the options, unanimous feedback was given
for providing an option that included using pavers rather than stamped concrete or a wood
substitute. In addition, the Railroad Museum Board also requested that the final paver design not
include elements that mimic train tracks (rails and ties) since they have plans to include those
elements in a sidewalk near the museum.
Staff subsequently prepared a supplement to the planning application that outlined Public Works
recommendation to substitute and investigate the use of pavers in lieu of the wood boardwalk.
Since pavers were being recommended to be the substitute material, staff explored paver options
that could be locally sourced, aesthetically pleasing, easily installed, and available in the long-
term. Staff contacted local vendors to explore options for paver materials. Three pavers were
ultimately chosen based on the four criteria. The selected material included one brick paver, and
two concrete pavers with different colors. Three colors were chosen and a test installation of the
three paver types was installed fronting 2098 Santa Barbara Avenue (Miner’s Hardware). A sign
was erected explaining the test and asked the public for input. In addition, pictures of the three
options were posted on Open City Government to solicit feedback from the public. The test and
request for input was also announced on Public Works’ Facebook, Twitter, and Nextdoor
websites. Pictures of the three options are shown below.
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Staff received approximately 45 direct email responses related to the test installation. Staff also
received nine statements from Open City Hall and had 45 separate visitors. The input from open
City Hall is equivalent to 27 minutes of public comment. The comments from both the test
installation and open City hall were just about evenly split between the wire cut red brick
(Picture 3) and railroad blend concrete paver (Picture 4), with the Railroad blend paver getting
more positive comments.
Each of the surfaces have similar roughness when installed per the manufacturer’s
recommendation and compliant with Americans with Disabilities Act (ADA) requirements.
Based on Cultural Heritage Commission and public input the Boardwalk Engineering Standard
4150 (see Attachment A) was modified to include concrete pavers as in-lieu of a wood
boardwalk. Concrete pavers provide easy installation, low long-term maintenance cost, and local
availability. The concrete paver is proposed to be tumbled and installed flat side up in order to
provide a smooth, flat surface. The tumbled paver gives an aged appearance. Based on public
popularity the standard is proposed to use the “railroad blend” color (Picture 4, above).
Included with the revised boardwalk standard, a new Tree Well Standard for the boardwalk area
was developed. Currently, the City does not have an Engineering Standard for railroad district
tree wells, as trees can grow through an opening in the boardwalk that is periodically cut wider to
provide an area for the tree. The new standard includes the same tree grates that are currently
installed around the city. Staff decided to develop a new standard to show how the frame and
grate are integrated into the concrete pan under the pavers. The new Railroad District Tree Well
Engineering Standard 8135 is included as Attachment B.
CONCURRENCES
Staff sent the final draft standards to all known Railroad District landowners as a final follow-up.
Staff wanted to ensure that the landowners are aware of the proposed boardwalk change and new
tree well standard. Staff notified the landowners that comments were being sought on the new
standard and could be submitted by April 3rd. Staff has not received any comments as of April
10th. Community Development Department staff have reviewed and concur that the proposed
Boardwalk Sidewalk standard changes are in conformance with the Cultural Heritage
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Item 11
Commission direction.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review per CEQA Guidelines under the General Rule
(Section 15061(b)(3)). It can be seen with certainty that adoption of Engineering Standards 4150
and 8135 could not have a significant effect on the environment. Specific projects that utilize
Engineering Standards 4150 and 8135 will be subject to CEQA at the time the project is filed.
FISCAL IMPACT
There is no immediate public or private fiscal impact that will result from this change. This
change does not require any landowner to install new or replace existing sidewalk. This change
will guide future development and allow the replacement of the existing wood boardwalk with
concrete pavers. The installation of this new sidewalk standard cost is roughly $125 per linear
foot more than the wood boardwalk; however, the extra cost will pay for itself over time from
reduced maintenance and public risk of tripping and falling. The current wood boardwalk
lifespan is five to ten years. The new sidewalk lifespan is estimated to last more than 50-years.
ALTERNATIVES
1. Choose a different paver material or color. Direct staff to investigate using a different
paver material or color. While it is possible to find other colors and paver materials, the
options provided are readily available from vendors within the City.
2. Reject staff’s proposed changes and keep the current wood boardwalk standard. Staff
does not recommend this course of action based on the high maintenance costs and
potential for trip and fall claims.
Attachments:
a - 4150 Rail Road Sidewalk Draft 04-13-2017
b - 8135 Rail Road Tree Well Draft 03-16-2017
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Item 11
Meeting Date: 10/16/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Brian Nelson, Supervising Civil Engineer
SUBJECT: APPROPRIATE GRANT FUNDS FOR MARSH STREET BRIDGE
REPLACEMENT PROJECT
RECOMMENDATION
Appropriate an additional $1,406,160 in grant funding for the Marsh Street Bridge Project , for a
total grant funding to match the federal funded allocation of $6,946,943.
DISCUSSION
Background
The Marsh Street Bridge, located near the intersection of Marsh and Santa Rosa Streets, was
approved by the City Council in January 2013 for removal and replacement. This followed a
determination by the California Department of Transportation (Caltrans) that the bridge, built in
1909, is structurally deficient. Upon this determination, the City contracted with Dokken
Engineering to conduct a bridge assessment. This assessment concluded that a complete
replacement of the existing bridge was the most prudent and cost -effective alternative given the
age of the structure.
On January 22, 2013, the City Council conceptually appr oved the removal and replacement of
the Marsh Street Bridge and proceeded with design of a new fully-replaced bridge. Dokken
Engineering began the design process, including development of the plans, specifications and
construction cost estimate for the bridge. That work is nearly complete. Dokken is close to
finalizing the environmental permitting process, and the City Council adopt ed the Final
Environmental Impact Report (FEIR) for the Marsh Street Bridge Replacement project on May
2, 2017.
On August 21, 2018, the Council authorized agreements for temporary and permanent
construction easements from adjacent property owners. The temporary easements are necessary
for equipment accessibility to San Luis Obispo Creek to conduct construction activities within
the creek, provide a staging and equipment area for the bridge contractor, and provide vehicular
and emergency access for a medical services business adjacent to the bridge. There will also be
permanent easements acquired from two of the owners for construction and maintenance of a
wing wall for the bridge.
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The temporary and permanent easements are also necessary for obtaining clearance from
Caltrans to enter the construction phase. This phase releases the Highway Bridge Program (HBP)
grant funds fo r construction, allows advertising the project for construction bidding, enables
award of the project to a responsive and responsible bridge contractor, and provides for
construction of the bridge. The construction of the Marsh Street Bridge is anticipate d to start in
Spring 2019.
Agreements have been reached for the easements and transfer of funds is expected to take place
in early October.
Project Remaining Tasks
The purpose of Caltrans HBP Grant Funding Program is to replace or rehabilitate public
highway bridges over waterways, other topographical barriers, other highways, or railroads when
the State and the Federal Highway Administration determine that a bridge is significantly
important and qualifies under the HBP program Guidelines, as is the case with the Marsh Street
Bridge.
Caltrans provided grant funding to support the preliminary engineer ing and right-of-way
acquisition, both of which are nearly complete. The below table outlines completed and ongoing
tasks that are critical for the construction phase to begin in 2019. Ensuring that funding is
appropriated will allow the work to proceed on schedule.
Project Delivery Tasks Anticipated Completion Date
Environmental Impact Report Certification February 2018
Regulatory Permitting Prior to Construction
Design October 2018
Right of Way Certification October 2018
Construction Spring 2019
ENVIRONMENTAL REVIEW
The City Council approved adoption of the Final Environmental Impact Report (FEIR) on May
2, 2017. In addition to National Environmenta l Policy Act (NEPA) approval with the FEIR,
environmental permitting should be nearly complete with the Department of Fish & Wildlife, the
Regional Water Quality Control Board, the Army Corps of Engineers and the State Historic
Preservation Office.
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FISCAL IMPACT
The project was approved as part of the 2015-17 Financial Plan, page 3-156. This project is
88.53% funded by the HBP grant funding with a 11.47% City Local Revenue Measure match.
The table below shows the funding allocation for work complete d, as well as upcoming funding
requirements.
Total Cost HBP Grant
Funds (88.53%)
City Match
(11.47%)
Encumbered Costs to Date:
1 Engineering & Environmental (1)$627,452 $555,484 $71,969
Future Costs:
2 Preliminary Engineering (2)$62,931 $55,713 $7,218
3
Property Acquisition (Purchase of
Easements)$158,553 $140,367 $18,186
4 Construction $7,625,000 $6,750,413 $874,588
5 Total Future Costs:$7,846,484 $6,946,493 $899,992
6 Total for Project:$8,473,937 $7,501,976 $971,961
7 Remaining Funds for Allocation:$7,846,484 $6,946,493 $899,992
8 Total Appropriated Funds $6,538,373 $5,540,332 $998,041
9 Total Additional Funds Required $1,406,160 $1,406,160 None
Marsh Street Bridge Replacement Project (Specification No. 90480)
(2) Design contract amendment from Dokken Engineering due to additional design &
property acquisition service costs
(1) Contract with Dokken Engineering, which includes design, environmental permitting,
and property acquisition
Staff recommends the appropriat ion of $1,406,160 in HPB grant funding that Caltrans’ has
provided to the City to the construction phase of the Marsh Street Bridge Replacement project.
ALTERNATIVES
Deny allocation of grant funding. The City Council could choose to not allocate grant funding
for the project. Staff does not recommend this alternative. Recognizing the availability of grant
funding is necessary to fully fund ongoing des ign and right of way costs, as well as budgeting for
construction in 2019.
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Item 12
Meeting Date: 10/16/2018
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Assistant Planner
SUBJECT: CONDUIT FINANCING FOR THE HOUSING AUTHORITY OF THE CITY
OF SAN LUIS OBISPO FOR THE ACQUISITION AND REHABILITATION
OF 172 AFFORDABLE HOUSING UNITS LOCATED IN THE CITY
RECOMMENDATIONS
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) of
1982 and pursuant to the requirements of the Internal Revenue Code of 1896, as amended
(the “Code”); and
2. Adopt a resolution allowing the issuance of a tax-exempt obligation by the Housing
Authority of the City of San Luis Obispo (HASLO), for the purpose of providing financing
for the acquisition and rehabilitation of various multifamily rental housing facilities located
in the City (the “Project”), in order to preserve existing affordable housing; such adoption of
the resolution is solely for the purposes of satisfying the requirements of TEFRA, the Code
and the California Government Code Section 6500 et seq.
DISCUSSION
Background
The Housing Authority of the City of San Luis Obispo (the “Authority”) is requesting that the
City Council of the City of San Luis Obispo (the “City”) hold a public hearing regarding the
issuance of debt obligations (which may be in the form of a loan evidenced by a note or tax-
exempt revenue bonds, and referred to in this Notice as the “Bonds”) in one or more series in an
aggregate amount of approximately $62,000,000. The proceeds of the Bonds will be used to pay
certain expenses incurred in connection with the issuance of the Bonds and to finance the
acquisition and rehabilitation of the following multifamily rental housing facilities:
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Current Name
of Facility Location of Facility Number of Rental
Housing Units
King-South-
Branch
448 South Street, 441 Branch Street and
2173 King Street, San Luis Obispo, CA 8
Torro Gardens 1600 Toro Street, San Luis Obispo, CA 20
Hathway
Apartments 508-520 Hathway Street, San Luis Obispo, CA 20
Highland
Apartments 478-480 High Street, San Luis Obispo, CA 10
Palm View
Apartments
11650-11690 Los Osos Valley Road, San Luis
Obispo, CA 20
Leff Street
Apartments 456-493 Leff Street, San Luis Obispo, CA 20
High Street 228 High Street, San Luis Obispo, CA 6
Loma Vista
Apartments 2929 Augusta Street, San Luis Obispo, CA 16
Harris 2126 Harris Street, San Luis Obispo, CA 3
Royal Way 1497 Royal Way, San Luis Obispo, CA 8
Southwood 1240 Southwood Drive, San Luis Obispo, CA 3
Upham 711 Upham Street, San Luis Obispo, CA 3
Puerta Del Sol 4280 South Higuera, San Luis Obispo, CA 15
Arbor Place 1172 Leff Street, 1175 Islay Street and
1635 Toro Street, San Luis Obispo, CA 20
TOTAL 172
The Housing Authority is committed to providing much needed additional affordable housing in
the City of San Luis Obispo. Preservation of existing affordable housing is identified as a key
implementation strategy in the City’s affordable housing program and adopted Housing Element .
The primary funding source for this project will be low income housing tax credits awarded by
the California Tax Credit Allocation Committee (TCAC). These tax credits are then purchased
by investors who become a limited partner. California statue does not allow Housing Authorities
to be a party in these partnerships, so the Housing Authority will hold its interest t hrough its
related entity San Luis Obispo Non-profit Housing Corporation (SLONP). The facilities to be
financed are to be owned by a California limited partnership (the “Borrower”) to be formed by
SLONP, and the facilities will be operated by the Authorit y or another entity selected by the
Borrower. The partnerships have a 15-year compliance period over which the tax credits are
earned. After the 15 years, the limited partner has the option to seek a buyer for its interest. The
project will feature an affordability requirement for a minimum of 55 years. All or a portion of
the rental units in the housing facilities will be rented to persons and families of low or very low
income. The principal amount of the Bonds allocable to each respective facility will be
determined prior to the date of issuance of the Bonds, but will not exceed $10,0 00,000 as to any
one facility.
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No City Liability for the Financing
There is no City liability in approving this financing arrangement for the benefit of the Project; a
t ransaction generally referred to as “conduit financing.” The bonds are payable solely from the
payments by the Borrower on a loan made to it (the “Borrower Loan”) by the Authority from the
proceeds of the Bonds. The rental payments by tenants in the Project are the source of revenue
used by the Borrower to repay the Borrower Loan. The City has no financial, legal, or moral
obligation, liability or responsibility for the Project or for the repayment of the Bonds or the
repayment of the Borrower Loan. The documents for the Bonds clearly provide that the Bonds
are payable solely from payments on the Borrower Loan made by the Borrower. Outside of
holding this hearing and adopting the required resolution, no other participation or activity of the
City with respect to the bonds will be required.
City’s Conduit Financing Policy
While the Council is not obligated to approve this request, it would be consistent with past City
actions regarding conduit financing.
Under the City’s debt financing and management po licies, consideration of a request for conduit
financing is generally a two -step process:
1. First asking the Council if they are interested in considering the request and establishing the
ground rules for evaluating it.
2. And then returning with the results o f this evaluation and recommending approval of
appropriate financing documents if warranted.
City’s Past Experience with Conduit Housing Bonds
The City has approved thirteen “conduit” housing bond issues in the past as reflected in the
following summary. There have been no financial difficulties with any of these bond issues.
1. 1985. 168-unit apartment development on Southwood Drive (“Parkwood Village”).
2. 1998. 30-unit development affordable for seniors and persons with disabilities located at
611 Brizzolara Street.
3. 1999. 122-unit apartment development by the De Vaul Ranch Company, consisting of 26
units will be affordable: 24 units for “very-low” and 2 units for “moderate” income
households.
4. 2002. 19-unit senior apartment development at 433 Pacific Street (“Carmel Street
Apartments”).
5. 2005. 40 affordable one-bedroom units for seniors as well as one manager’s unit in an
existing historic single-family residence at 2005 Johnson Avenue (“Del Rio Terrace”).
6. 2009 and 2011. 8-unit housing project at 1468 East Foothill Boulevard for the University
Board of the Santa Barbara Presbytery.
7. 2012. 120-unit apartment project affordable to low and very-low income households located
at 1550 Madonna Road.
8. 2013. 19-unit apartment project affordable rental apartment facility for seniors located at
433 Pacific (“Carmel Street Apartments”).
9. 2013. 40-unit affordable rental apartment facility for seniors located at 2005 Johnson
Avenue (“Del Rio Terrace”).
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10. 2015. Rehabilitation of 55 affordable rental units located at 1092 Orcut t Road, 1102
Ironbark, and 1363 Pismo Street.
11. 2016. 46-unit affordable apartment development at 3680 Broad Street (“Iron Works”).
12. 2018. 36-unit affordable apartment development at 3175 Violet Street (“Courtyard at the
Meadows”).
13. 2018. Rehabilitation of 107 affordable rental units for seniors located at 3000 Augusta
Street (“Judson Terrace Homes”)1.
Next Steps
After the TEFRA public hearing, adoption of the Resolution of the Council approving the
issuance of the Bonds, and approval of the Borrower’s application for tax-exempt financing, the
Borrower can expect to receive the bond allocation in Fall 2018. There will be no further actions
required by the City.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per Section 15061 (b)(3) General Rule of the
CEQA Guidelines. The project is an action to award funding.
FISCAL IMPACT
The Bonds to be issued for the Pro ject will be the sole responsibility of the Borrower, and the
City will have no financial, legal, moral obligation, liability or responsibility for the Project or
the repayment of the Bonds for the financing of the Project. All financing documents with
respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not
obligations of the City or the State of California but are to be paid for solely from funds provided
by the Borrower.
ALTERNATIVES
1. Do not approve the issuance of financing for the benefit of the multifamily residential
facilities. Due to the lack of liability for repayment of financing by the City, this option is
not recommended.
2. Defer consideration of the request. Due to the critical need for tax exempt bond financing to
complete the acquisition and rehabilitation of the Project , this option is not recommended.
Attachments:
a - DRAFT Resolution
1 There have been 162 affordable units preserved and 493 affordable units created with conduit funding in the City
of San Luis Obispo since 1985.
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R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE INCURRING OF A TAX
EXEMPT OBLIGATION BY THE HOUSING AUTHORITY OF THE CITY
OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING
FINANCING FOR THE ACQUISITION AND REHABILITATION OF
VARIOUS MULTIFAMILY RENTAL HOUSING FACILITIES LOCATED
IN THE CITY IN ORDER TO PRESERVE EXISTING AFFORDABLE
HOUSING
WHEREAS, the Housing Authority of the City of San Luis Obispo (the “Authority”) is
authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of
California, as amended (the “Act”), to incur indebtedness and to make loans for housing purposes
specified in the Act ; and
WHEREAS, the Authority has been advised that the San Luis Obispo Nonprofit Housing
Corporation intends to establish a California limited partnership (the “Borrower”) that will acquire
and rehabilitate various multifamily rental housing facilities identified in “Exhibit A” to this
Resolution (referred to in this Resolution collectively as the “Housing Facilities”); and
WHEREAS, such assistance will involve the issuance by the Authority of debt obligations
(which may be in the form of a loan evidenced by a note or tax-exempt revenue bonds, and referred
to in this Resolution as the “Bonds”) in the approximate amount of $62,000,000, and a loan of the
proceeds of the Bonds to the Borrower; and
WHEREAS, all or a portion of the rental housing units in the Housing Facilities will be
rented to persons and families of low or very low income as required by the Act and the Internal
Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, the Bonds will be considered to be a “qualified exempt facility bonds” under
Section 142(a) of the Code, and Section 147(f) of the Code requires that the “applicable elected
representative” with respect to the Authority approve the issuance by the Aut hority of the Bonds
following the holding of a public hearing with respect thereto; and
WHEREAS, the Authority has determined that the Council of the City is the “applicable
elected representative” to approve the issuance by the Authority of the Bonds because all of the
Housing Facilities are located within the City; and
WHEREAS, notice of a public hearing by the Council regarding the financing of the
Housing Facilities has been duly given as required by the Code, and the Council has held the public
hearing at which all interested persons were given an opportunity to be heard on all matters relative
to the location, operation and financing of the Housing Facilities, including the Authority's
issuance of the Bonds and subsequent lending of the proceeds thereof to the Borrower to pay costs
of the acquisition and rehabilitation by the Borrower of the Housing Facilities; and
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Resolution No. _____ (2018 Series) Page 2
R ______
WHEREAS, the City will have no liability or responsibility related to the repayment or
administration of the Bonds, and the issuance of the Bonds and the financing of the Housing
Facilities will not impose any legal, financial or moral obligation on the City; and
WHEREAS, it is in the public interest, for the public benefit and in furtherance of the
public purpose of the City that the Council approve the issuance by the Authority of the Bonds for
the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
declares as follows:
SECTION 1. Approval of Issuance of Bonds. The Council of the City of San Luis Obispo
hereby approves the issuance of the Authority of the Bonds for purposes of the Code.
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Resolution No. _____ (2018 Series) Page 3
R ______
SECTION 2. Environmental Determination. The Council of the City of San Luis Obispo
has determined that the above action will not have a significant impact on the environment, as
defined by §15061(b)(3) of the California Environmental Quality Act and is e xempt from
environmental review.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Resolution No. _____ (2018 Series) Page 4
R ______
EXHIBIT A
HOUSING FACILITIES TO BE FINANCED
Current Name
of Facility Location of Facility Number of Rental
Housing Units
King-South-
Branch
448 South Street, 441 Branch Street and
2173 King Street, San Luis Obispo, CA 8
Torro Gardens 1600 Toro Street, San Luis Obispo, CA 20
Hathway
Apartments 508-520 Hathway Street, San Luis Obispo, CA 20
Highland
Apartments 478-480 High Street, San Luis Obispo, CA 10
Palm View
Apartments
11650-11690 Los Osos Valley Road, San Luis
Obispo, CA 20
Leff Street
Apartments 456-493 Leff Street, San Luis Obispo, CA 20
High Street 228 High Street, San Luis Obispo, CA 6
Loma Vista
Apartments 2929 Augusta Street, San Luis Obispo, CA 16
Harris 2126 Harris Street, San Luis Obispo, CA 3
Royal Way 1497 Royal Way, San Luis Obispo, CA 8
Southwood 1240 Southwood Drive, San Luis Obispo, CA 3
Upham 711 Upham Street, San Luis Obispo, CA 3
Puerta Del Sol 4280 South Higuera, San Luis Obispo, CA 15
Arbor Place 1172 Leff Street, 1175 Islay Street and
1635 Toro Street, San Luis Obispo, CA 20
TOTAL 172
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Item 13
Meeting Date: 10/16/2018
FROM: Derek Johnson, City Manager
Prepared By: Robert Hill, Interim Deputy Director
SUBJECT: IRISH HILLS NATURAL RESERVE CONSERVATION PLAN – WADDELL
RANCH ADDITION
RECOMMENDATION
As recommended by the Planning Commission and Parks and Recreation Commis sion, approve
a resolution (Attachment A) to:
1. Adopt the Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition; and
2. Adopt a Negative Declaration of environmental impact for the Project.
DISCUSSION
The City’s Natural Resources Protection Program seeks adoption of the Irish Hills Natural
Reserve Conservation Plan – Waddell Ranch Addition (“the Plan”) that will incorporate the
recently acquired Waddell Ranch into the City’s existing Irish Hills Natural Reserve to guide the
conservation and stewardship of both properties together as a single management unit. This
process will also formally designate the Waddell Ranch as a City Open Space property in
accordance with the City’s Open Space Regulations (1996), the Conservation Guidelines for
Open Space Lands of the City of San Luis Obispo (2002), and the Conservation and Open Space
Element of the City’s General Plan (2006).
Overview of Waddell Ranch
The Waddell Ranch is a hidden gem located in a secluded setting within the Irish Hills area at the
southern boundary of the City of San Luis Obispo and its Greenbelt. The upper extents of the
property feature spectacular 360 panoramic views of the City to the north and the Pacific Ocean
to the south, as well as the surrounding region. Waddell Ran ch also hosts exceptional plant and
wildlife diversity, an interesting cultural resource legacy, and is well-suited to offer pleasant
hiking, biking, and passive recreational opportunities. The Waddell Ranch is contiguous with
the existing Irish Hills Nat ural Reserve and represents the capstone piece of a long-standing
conservation vision to establish permanent protection of the area’s outstanding natural resource
values including a suite of rare plants, artesian springs, and important wildlife habitat. T he
acquisition of Waddell Ranch also allows for the completion of a loop trail through the Irish
Hills Natural Reserve along the top of Mine Hill where outstanding views of the Pacific Ocean
can be gained and enjoyed.
Plan Overview
The Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition provides a
framework for both properties to be managed together as a single unit, while primarily
addressing property-specific site stewardship at Waddell Ranch:
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1. Natural Resources Protection. The Plan places priority on maintaining the natural ecosystem,
while allowing passive public recreation as appropriate and compatible. The Waddell Ranch
provides habitat for four special status wildlife species and fifteen special status plant
species, including a newly discovered plant species, that shall be protected and monitored
over the long-term. Protective status is given to native plant communities and habitats that
persist or are establishing within the open space area for the functions and values that they
provide.
2. Scenic Resources. The upper ridgeline of the Waddell Ranch represents a scenic, if distant,
visible backdrop on the south side of the City of San Luis Obispo. The conservation and
protection of this property will ensure the integrity of this scenic resource.
3. Cultural Resources. The Waddell Ranch contains two rock walls that were constructed in the
first half of the 20th century to create separate livestock pastures that may be of historic
significance under CEQA Guidelines §15064.5. The wa lls will be protected and maintained,
and there are no actions in the Plan that would change or alter this potential resource in any
way. The Northern Chumash also expressed interest in the land during the preparation of the
Plan and will have the opportunity for ceremonial use.
4. Erosion and Drainage. A Custom Soil Resource Report was prepared for Waddell Ranch
using the United States Department of Agriculture’s Natural Resources Conservation Service
(NRCS) website application. The report reveals that Wad dell Ranch is comprised almost
entirely of serpentine soils known as the Obispo -Rock Outcrop Complex and identified as
soil map unit No. 183. This soil is excessively well drained and characterized as having
severe erosion potential, especially given the 15-75% slopes. Accordingly, ongoing erosion
control and water management strategies are necessarily a part of the Plan.
5. Fire Protection. Waddell Ranch is surrounded by open land uses comprised of the existing
Irish Hills Natural Reserve and other larger ranch holdings. The Irish Hills landscape, in
general, represents a significant wildland fire hazard , but there is no significant recorded fire
history in this system. A key component of the Plan is to address fire hazard that could result
in unacceptable safety risk and property loss. This is due to prevailing westerly winds;
presence of annual grassland, chaparral, oak woodland, and mixed ornamental trees and
vegetation; and the Waddell Ranch’s adjacency with the larger Irish Hills landscape.
6. Trails and Passive Recreation. An existing system of old jeep trails provide access through
the Waddell Ranch. The Plan calls for maintenance of existing trails, as well as the addition
of two new trail segments; one will allow for access to the southerly are as of the property
where panoramic views of the Pacific Ocean can be enjoyed, while the other provides a
return route back to the existing Irish Hills Natural Reserve. A short section is also mapped
to avoid the existing in-stream crossing of Froom Creek during the wet season with the
installation of a narrow, fiberglass kit bridge that can be easily assembled and installed on
site, while this trail will also encourage use away from the neighboring property line. An
existing trail traverses the upper meado ws area of Waddell Ranch. These meadows are
considered sensitive and remain wet in the winter and early spring; two sections of raised
wooden boardwalk are planned for these sections. The Plan also presents the opportunity to
bring forward two new trails in the existing Irish Hills Natural Reserve. One is an extension
of the Bog Thistle Trail that is designated for hiking only, that would allow for hikers to gain
a prominent lookout and the middle ridgeline before join ing the existing Durata Vista Trail.
The other links the top of the Mine Trail with the Morro View Trail creating a new loop in
the upper, westerly portion of the Irish Hills Natural Reserve. A brief linkage at the easterly
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Item 14
edge of the Froom Ranch portion of the Irish Hills Natural Reserve to the Mountainbrook
property is also shown; this segment is a previously approved trail, that has yet to be
constructed. All new trails have been carefully considered and mapped to avoid sensitive
resources and special status plants and wildlife areas, as well as encourage use away from a
few existing trail areas that are proximate to sensitive areas.
CONCURRENCES AND ADVISORY BODY REVIEW
City of San Luis Obispo Natural Resources Program staff, Parks and Recreation Department
staff, and Fire Department staff have reviewed components of the plan pertinent to their
departments and have provided concurrence.
The Planning Commission reviewed the Irish Hills Natural Reserve Conservation Plan –
Waddell Ranch Addition and Initial Study / Negative Declaration at its meeting on September 26,
2018. The Parks and Recreation Commission also reviewed these items at its meeting on
October 3, 2018. Both of these advisory bodies recommend adoption by the City Council.
ENVIRONMENTAL REVIEW
An Initial Study has been prepared that identifies several areas where “Less Than Significant”
impacts have the potential to occur. These are: Aesthetics; Biological Resources; Cultural
Resources; Geology and Soils; Hazards and Hazardous Materials; Hydrology and Wa ter Quality;
and, Recreation. Accordingly, a Negative Declaration is recommended for adoption.
FISCAL IMPACT
Day-to-day management of Waddell Ranch will continue to be supported through the operating
budgets within the Natural Resources Program and Ranger Service. City staff will also pursue
grants to augment funding and volunteer help for the Plan’s identified projects. Overall, the fiscal
impact of the Plan and its implementation is considered relatively minor given opportunities to
phase projects and leverage modest investments of City funds over time.
ALTERNATIVES
The City Council could:
1. Approve the Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition; and
adopt the Negative Declaration with amendments.
2. Deny the Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition and not
adopt the Negative Declaration, although this is not recommended given the unanimous
advisory body recommendations.
3. Continue the item with specific direction of more information or discussion t ime is required
before taking action.
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AVAILABLE ONLINE
1. Draft Initial Study / Negative Declaration
2. Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition, Public Hearing
Review Draft, October 2018.
These documents are available on the C ity’s website by following the link below:
http://www.slocity.org/government/department -directory/community-development/documents-
online/environmental-review-documents/-folder-1968
Attachments:
a - Resolution
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Item 14
RESOLUTION NO. ________ (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE IRISH HILLS NATURAL
RESERVE CONSERVATION PLAN – WADDELL RANCH ADDITION
AND ADOPTION OF A NEGATIVE DECLARATION
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands and cultural resources acquired by the City; and
WHEREAS, the City of San Luis Obispo manages twelve open space areas totaling
approximately 3,850 acres, including the approximately 154-acre Waddell Ranch; and
WHEREAS, the Planning Commission, Parks and Recreation Commission, and the
general public have commented upon the Irish Hills Natural Reserve Conservation Plan –
Waddell Ranch Addition as it has moved through a Council-directed approval process, and staff
has considered and incorporated those comments where appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition.
The City Council hereby adopts the Terrace Hill Open Space Conservation Plan, an official copy
of which shall be kept on record with the City Clerk, based on the following findings:
a. The Irish Hills Natural Reserve Conservation Plan – Waddell Ranch Addition is
consistent with General Plan goals and policies relating to the oversight and
management of City open space areas, specifically Conservation and Open Space
Element Policy 8.5.6 that calls for the development of conservation or master plans
for open space properties to protect and enhance them in a way that best be nefits the
community as a whole; and
b. Implementation of the Irish Hills Natural Reserve Conservation Plan – Waddell
Ranch Addition will provide protection of identified natural resources and
appropriate public access to the site while maintaining a majority of the site for
habitat protection and enhancement.
SECTION 2. Environmental Review. The City Council hereby adopts the Negative
Declaration for the project, an official copy of which shall be kept on record with the City Clerk,
finding that it adequately identifies all of the potential impacts of the project and that those
potential impacts identified in the areas of Aesthetics; Biological Resources; Cultural Resources;
Geology and Soils; Hazards and Hazardous Materials; Hydrology and Water Quality; and,
Recreation, are de minimis and less than significant.
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Item 14
Resolution No. _____ (2018 Series) Page 2
R ______
These findings, together with incorporation by reference into the Project Description that the
property will be managed in accordance with policies found in the City’s Conservation and Open
Space Element of its General Plan (2006), the Conservation Guidelines for Management of Open
Space Lands of the City of San Luis Obispo (2002), and the City’s Open Space Regulations
(Municipal Code 12.22), the issuance of a Negative Declaration is appropriate.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2018.
_______________________________
Heidi Harmon, Mayor
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 14
Meeting Date: 10/16/2018
FROM: Greg Hermann, Interim Deputy City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: ANNUAL PUBLIC HEARING FOR THE TOURISM BUSINESS
IMPROVEMENT DISTRICT
RECOMMENDATIONS
1. Conduct a public hearing to receive testimony regarding the City Co uncil’s intention to
continue the citywide Tourism Business Improvement District ; and
2. Determine whether a legally sufficient protest is made; and
3. If no legally sufficient protest is made, adopt a resolution affirming the continuation of the
San Luis Obispo Tourism Business Improvement District, setting forth the basis for the
assessment, and levying the assessment upon hotels in the district for fiscal year 201 8-19
(Attachment A).
DISCUSSION
Background
On October 2, 2018, the City Council reviewed and approved the Tourism Business
Improvement District (TBID) board’s annual report pursuant to Municipal Code Section
12.42.060 (Attachment B).
The City’s Municipal Code further requires that, after the approval of the annual report, Council
may choose to adopt a resolution of intention to levy an annual assessment for that fiscal year
and schedule a public hearing to receive any written or oral protests against the district .
Resolution No. 10946 (2018 Series), setting such a hearing, was adopted on October 2, 2018
(Attachment C).
Following the October 2, 2018, Council action, all lodging businesses within the district
including hotels, motels, bed and breakfast properties and the City permitted homestays, were
noticed for the public hearing scheduled for October 16, 2018. Those notices were sent on
October 5, 2018 to all assessed properties.
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Item 15
Council Action: Public Hearing and Resolution
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code and San
Luis Obispo Municipal Code Section 12.42.060, the Council has the ability to continue the
citywide TBID at the public hearing, unless oral or written protests are received from City
hoteliers that will pay 50% or more of the proposed assessments. Under Municipal Code Section
12.42.060, protests are weighted based upon the annual assessment for the prior year by each
hotel. Staff will have assessment information available at the meeting, but for confidentiality
reasons, this information is not made public before or at the meeting. In the event that a
sufficient negative protest occurs, no further proceedings to continue the levy of assessments for
that fiscal year shall take place.
At the conclusion of the public hearing, if insufficient protest is received, Council may then
adopt a resolution affirming the continuation of the San Luis Obispo Tourism Business
Improvement District, setting forth the basis for the assessment, and levying the assessment upon
hotels in the district for fiscal year 2018-19. Such a resolution is provided as Attachment A.
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.
FISCAL IMPACT
In 2018-19, the TBID projected revenue is $1,473,400, which is intended to be used for tourism
marketing and promotion as outlined in the TBID Strategic Plan and 2018-20 TBID Marketing
Plan.
ALTERNATIVES
Delay the public hearing. Staff does not recommend this alternative because all legally
required noticing has been completed. In addition to the legal noticing, staff provided additional
constituent outreach. In the event that the City receives close to 50% protest, the Council could
delay the public hearing in order verify protest submissions.
Deny the resolution. Staff does not recommend this alternative if the requirements to deny the
resolution under the legal protest specifications were not met.
Attachments:
a - Reso confirming TBID 10-16-18
b - 10/2/18 Council Action Update
c - RESOLUTION OF INTENTION 10946_2018 series
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Item 15
R_______
RESOLUTION NO. ________ (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING THE BASIS FOR AND THE LEVY
OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM
BUSINESS IMPROVEMENT DISTRICT, AND AFFIRMING THE
ESTABLISHMENT OF THE DISTRICT
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Street s and Highways Code, authorizes cities to establish business improvement districts for
several purposes, one of which is promotio n 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 the San Luis Obispo Tourism Business Improvement District Law was
incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to carry out the functions
specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and
recommendations regarding the use of the assessment funds; and
WHEREAS the San Luis Obispo Tourism Business Improvement District Law and the
Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit
an annual report stating proposed changes, improvements and activities for the fiscal year; and
WHEREAS, such report was filed and approved by the City Council on October 2, 2018
WHEREAS, on October 2, 2018 the Cit y Council adopted Resolution No. 10946 (2018
Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement
District in 2018-19; and
WHEREAS, notices regarding the approval of the public hearing were sent on October 5,
2018 to all assessed properties; and
WHEREAS, the City Council held a duly noticed Public Hearing on October 16, 2018 to
allow for protests, as contemplated by Streets and Highway Code Section 36524; and
WHEREAS, sufficient written or oral protest was not received from hotel businesses in
the district which pay fifty percent or more of the assessment;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
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Item 15
Resolution No. _____ (2018 Series) Page 2
R ______
a) The establishment of Tourism Business Improvement District in the City of San Luis
Obispo in accordance with the San Luis Obispo Tourism Business Improvement
District Law, San Luis Obispo Municipal Code Chapter 12.42, and the California
Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement
Law of 1989) is affirmed.
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs
that increase overnight lodging.
c) The assessment shall be levied and allocated by the City of San Luis Obispo.
d) The assessment shall 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.
e) The assessment shall be based on two percent (2%) of gross room r ent.
f) New hotels shall not be exempt from immediate assessment.
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:
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Item 15
Resolution No. _____ (2018 Series) Page 3
R ______
____________________________________
Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 15
Action Update
CITY OF SAN LUIS OBISPO CITY COUNCIL
Tuesday, October 2, 2018
Regular Meeting of the City Council
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
Agency Negotiators: Monica Irons, Nickole Sutter, Rick Bolanos, Derek Johnson,
Christine Dietrick
Represented Employee
Organizations: San Luis Obispo City Employee’s Association (SLOCEA)
San Luis Obispo Police Officer’s Association (POA)
San Luis Obispo Police Staff Officer’s Association (SLOPSOA)
International Association of Firefighters Local 3523
Unrepresented Employees: Unrepresented Management
Employees
Unrepresented Confidential Employees
No Reportable Action.
CONSENT ITEMS
4. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5 – 0 to waive reading of all resolutions and ordinances as appropriate.
5. REVIEW MINUTES OF THE AUGUST 28, 2018, AND SEPTEMBER 18, 2018, CITY
COUNCIL MEETINGS
CARRIED 5 – 0 to 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
CARRIED 5 – 0 to adopt Ordinance 1654 (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.”
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Item 15
Action Update – City of San Luis Obispo City Council Meeting of October 2, 2018 Page 2
7. REQUEST FOR QUALIFICATIONS FOR LEGAL SERVICES
CARRIED 5 – 0 to:
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)
CARRIED 5 – 0 to adopt Resolution No. 10945 (2018 Series) 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.
PUBLIC HEARING ITEMS AND BUSINESS ITEMS
9. MENTAL HEALTH AND DRUG AND ALCOHOL SERVICES AND PROGRAMS
ACTION: Receive and file presentation.
10. 2017-18 ANNUAL REPORT OF THE TOURISM BUSINESS IMPROVEMENT
DISTRICT
CARRIED 5-0 to approve:
1. Receive and approve the (TBID) Board’s 2017-18 annual report; and
2. Adopt Resolution No. 10946 (2018 Series) 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 levy 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
ACTION: By consensus the City Council approved the goal setting process and timetable for
development of the 2019-21 Financial Plan and directed staff to look for alternatives for the Goal
Setting Workshop in leu of the proposed Saturday workshop.
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Item 15
Action Update – City of San Luis Obispo City Council Meeting of October 2, 2018 Page 3
12. PUBLIC HEARING - AMEND THE MUNICIPAL CODE, TITLE 10 (VEHICLES
AND TRAFFIC)
CARRIED 5-0 to introduce Ordinance No. 1656 (2018 Series) entitled, “An Ordinance of the
City Council of the City of San Luis Obispo, California, amending Municipal Code Title 10
regarding Vehicles and Traffic,” and direct staff to remove changes to commercial loading
and unloading zones after 6:00 p.m. and work with SLO Downtown on a solution.
13. PUBLIC HEARING - ESTABLISH FINE AMOUNTS FOR ELECTRIC VEHICLE
CHARGING VIOLATIONS AND BICYCLE LANE VIOLATIONS, AND AN
INCREASE OF EXISTING PARKING VIOLATION FINE AMOUNTS
CARRIED 5-0 to adopt Resolution No. 10947 (2018 Series) entitled, “A Resolution of the
City Council of the City of San Luis Obispo, California, establishing and increasing Parking
Citation Fines,” including the revised Exhibit “A” as presented at the meeting.
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Item 15
Meeting Date: 10/16/2018
FROM: Michael Codron, Community Development Director
Tim Bochum, Deputy Public Works Director
Prepared By: David Watson, Contract Planner
Diane Dostalek, Senior Civil Engineer
SUBJECT: UPDATE FOR THE ORCUTT AREA SPECIFIC PLAN PUBLIC
FACILITIES FINANCING PLAN
RECOMMENDATION
1. Hold a public meeting to receive public testimony on a proposed update to the Public
Facilities Financing Plan for the Orcutt Area Specific Plan; and
2. After closing the public meeting, adopt a Resolution (Attachment A) pursuant to Government
Code Section 66016 to approve an update to the Public Facilities Financing Plan for the
Orcutt Area Specific Plan; and
3. Authorize the Community Development Director to enter into Public Facilities Financing
P lan Fee Credit Agreement s (Attachment I) with the Righetti Ranch L.P. developers and any
other Orcutt Area Specific Plan developers, in a form subject to the approval of the City
Attorney.
REPORT-IN-BRIEF
In May 2010, Council approved the Orcutt Area Specific Plan (OASP) (Attachment B – Vicinity
Map). Chapter 8 of that document included a Public Facilities Financing Plan (PFFP) that
supports the delivery of needed infrastructure to serve future development in the area. The PFFP
includes a detailed breakdown of the estimated costs of these improvements and identifies the
OASP’s share of the cost of these projects, including roads, bridges, pedestrian and bicycle
paths, utilities, and public parks, all needed to support development of the specific plan area.
The fees that are established fo r OASP development are based on an analysis of the relative
benefits of the planned development projects and spreads these costs across future development
of the area accordingly. This approach is anticipated to implement a “pay-as-you-go” policy that
provides for the completion of phased infrastructure to meet the needs of a growing area of the
community.
On November 15, 2016 and December 12, 2017 Council approved updates to the PFFP to adjust
costs to reflect then-current construction estimates and to revise the scope of certain projects to
better address implementation of park and traffic circulation needs in the OASP area.
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Item 16
Since the last PFFP update a revised Citywide Transportation Improvement Fee (TIF) has been
adopted, incorporating new and expanded citywide transportation projects, some of which affect
the allocation of costs to the Orcutt Area. As a result, the PFFP needs to be updated to ensure the
provision of appropriate fee amounts for all OASP projects in coordination with the TIF
program. The proposed 2018 PFFP update reflects more accurate project estimates and updates
costs for projects that have been completed or are nearing completion.
DISCUSSION
Background
The PFFP included four key types of public infrastructure specific to the needs of buildout of the
Orcutt Planning Area. These include:
1. Street Improvements (general roadway improvements to perimeter roads such as Tank
Farm and Orcutt Roads)
2. Bridges (internal collector roads of the OASP that connect the OASP together)
3. Pedestrian & Bicycle Paths (that interconnect the OASP to citywide pathways)
4. Public Parks & Recreation (new public parks and recreation within the OASP Area)
Attachment C shows the 2017 PFFP list (Table 2) of improvement projects included in each of
these categories, the gross cost estimate of each project, the OASP fair share of these costs and
the final net costs to be allocated by fee to all OASP development rather than to a specific
development. Table 7 of Attachment C reflects the 2017 fee structu re for single-family and
multi-family units within the OASP.
The OASP PFFP acknowledged and recognized that the cost estimates for the fees were
estimates only and that certain adjustments would need to be made along the way. Specifically,
the PFFP included detailed provisions regarding (i) how PFFP fees would be updated, (ii) the
frequency of PFFP fees revisions, (iii) the basis for fee updates, (iv) development projects
excluded from paying the updated PFFP fees, (v) when the PFFP fees are due, and (v i) that the
fair share is defined for the projects “at the time they were built.” Examples of applicable
language in the March 2010 OASP that applied to updates of the PFFP include:
• Section 8.5.1 - “[C]hanges are likely to occur in facility plans, land use plans, or cost
estimates. When these items are revised, there will be a corresponding change in the fair
share cost allocation to each land use in the OASP. Land use and facility changes will
result in revisions to the benefit analysis and corresponding cost allocation to each land
use. To the extent some projects in the OASP will have been developed and will have paid
their fair share as defined at the time they were built, revisions will apply only to future
new development.”
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Item 16
• Section 8.5.1 - “As the City will adopt new ordinances and update existing ordinances
on an ongoing basis, fees will be adjusted based on actual costs realized after
construction bids have been received for public facilities. If actual costs are higher than
expected, again, the City will have to increase fees and/or rely on the terms of an
acquisition agreement to avoid a financing deficit in future years.”
• Section 8.5.2 - “The initial ordinance will reflect fees based on information available at
that time. Fees will be adjusted annually or on a more frequent basis to reflect actual
costs and current cost estimates.”
• Section 9.6 - “Impact fees are due at the time building permits are issued.”
These policies are significant with respect to the idea of “vested rights.” Specif ically, under the
Subdivision Map Act, an approved vested tentative tract map confers a vested right to proceed
with development in substantial compliance with the ordinances, policies, and standards in effect
at the time the vesting tentative tract map application is deemed complete. This vested right
usually includes the payment of fees in the amount when the application was deemed complete.
The application of vested rights in the context of the City’s OASP PFFP program is not black
and white, especially given the language cited above. Further discussion on the impact of certain
developments within the OASP area having a vested rights status regarding the OASP PFFP is
discussed further below under “Minimizing Risk of a Funding Shortfall.”
In addition, certain subdivisions in the OASP area were approved prior to the Citywide TIF
update which took effect on July 1, 2018.1 The 2018 Citywide TIF update substantially increased
the Citywide TIF fee and added some of the OASP PFFP projects into the Citywide T IF
program. These approved subdivisions include: Righetti Tract 3063, Jones Tract 3066, Imel
Tract 3095, West Creek Tract 3083, Taylor Ranch Tract 3044/Parcel Map SLO 17 -0115, and
Pratt Tract 3111/Parcel Map SLO 17-0127. These subdivisions will not be paying the 2018
Citywide TIF fee unless their vesting rights expire. Therefore, the OASP PFFP fee that the
approved subdivisions will be paying will be based on the PFFP list that was approved in 2016
instead of the list that omits the projects that were moved to the 2018 Citywide TIF. That ensures
that the approved subdivisions still pay their fair share of the projects that have been
subsequently moved to the 2018 Citywide TIF.
For reference, the PFFP projects that were moved to the Citywide TIF in 2018 inc lude:
1) T-3 – Broad Street/Tank Farm intersection
2) T-4 – Orcutt Road/Johnson intersection
3) T-5 – Broad Street/Prado Road extension (second northbound left turn lane)
1 Please remember that the Citywide TIF and the OASP PFFP fees are two different sets of impact fees, the former
being applied on a Citywide basis and the latter applicable to development within the OASP area.
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New subdivisions that were not vested prior to July 1, 2018, will pay the new Citywide TIF, so
their PFFP list of projects has been updated to exclude those projects that have been moved into
the Citywide TIF program. The Orcutt/Tank Farm intersection (T -1) remains in both the PFFP
list of projects and in the Citywide TIF program because they ar e two separate projects. The
PFFP project is an interim solution that includes a right -turn lane, traffic signal, and elimination
of the skew where Orcutt Road comes in to Tank Farm at an angle. The project included in the
Citywide TIF program is for a fut ure roundabout at this intersection.
In 2017, the latest update to the OASP Public Facilities Financing chapter projected an
approximate net of $16.9 million in fair share fees to be allocated to all the property owners. This
amount does not include Parkland Acquisition fees attributable to some, but not all, of the OASP
properties because some properties dedicate parkland and some need to pay fees to reimburse for
property not dedicated.
Prior to increasing an existing fee, Section 66016 of the Californ ia Government Code requires
the local agency to hold at least one open and public meeting, at which oral or written
presentations can be made, as part of a regular scheduled meeting. Notices must be mailed to
interested parties, and the fee increase must be approved by ordinance or resolution.
2018 PFFP Update
Summary of Changes
The 2018 revised PFFP for pre-July 1, 2018 vested subdivisions anticipates an approximate net
of $21.4 million in fair share fees to be allocated to all the property owners (Attac hment D). The
primary difference between the 2017 and 2018 projections for the pre -July 1, 2018 vested
subdivisions is cost increases for the projects based on more current construction costs estimates
and bids provided by the property owners. The 2018 rev ised PFFP for post-July 1, 2018
subdivisions anticipates an approximate net of $20.5 million in fair share fees to be allocated to
all the property owners (Attachment E). The primary difference between the 2017 and 2018
projections for the post -July 1, 2018 subdivisions are infrastructure cost increases and the
removal of certain OASP projects from the PFFP Program that are now included in the citywide
TIF program (PFFP Projects T -3, T-4 and T-5).
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Tables 1 and 2 compare the changes in the net project cost s for the OASP PFFP between the
2017 approval and the recommended revisions to the 2018 PFFP.
Table 1
(1)
(1) See Attachment C
SFR = Single-Family Residential
MFR – Multi-Family Residential
Table 2
(2) See Attachment D
(3) See Attachment E
Since 2010, the City has been increasing the PFFP Fee structure annually with Consumer Price
Index (CPI) updates to keep up with inflation. This practice will continue annually u ntil the
PFFP projects are completed.
Improvement
Net Total Cost
of the 2017
Adopted PFFP
2017
Adopted
SFR Fee
2017
Adopted
MFR Fee
Streets and Bridges $8,695,995 $9,745 $6,807
Pedestrian-Bicycle $2,147,000 $2,406 $1,681
Parks and Recreation $6,045,714 $6,717 $4,997
Totals $16,888,709 $18,868 $13,485
For Pre-7/1/2018 Vested Subdivisions (2) For Post-7/1/2018 Subdivisions (3)
Net Total
Cost of the
2018
Proposed
PFFP
2018
Proposed
SFR Fee
2018
Proposed
MFR Fee
Improvement
Net Total
Cost of the
2018
Proposed
PFFP
2018
Proposed
SFR Fee
2018
Proposed
MFR Fee
$11,229,995 $12,584 $8,791 Streets and
Bridges $10,357,195 $11,606 $8,108
$4,106,000 $4,601 $3,214 Pedestrian-
Bicycle $4,106,000 $4,601 $3,214
$6,045,714 $6,717 $4,997 Parks and
Recreation $6,045,714 $6,717 $4,997
$21,381,709 $23,902 $17,002 Totals $20,508,909 $22,924 $16,319
26.7% 26.1% Fee Increase 21.5% 21.0%
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Item 16
Finally, it is important to note that even as the OASP PFFP makes assumptions for project costs,
over time, fee amounts may change due to factors such as: 1) the actual construction costs of the
facilities, 2) more refined cost estimates at building time, 3) further adjustments to Citywide
impact fee programs, and 4) outside funding sources such as grants if acquired by the city or
others. Future adjustments to the PFFP fees may be warranted to address these changes , as
outlined in Section 8.5.1 of the OASP.
Cost Changes – Street Improvements and Bridges
The 2018 Updated PFFP for pre-July 1, 2018 vested subdivisions (Attachment D) presents cost
updates for projects T-1 (Orcutt -Tank Farm Intersection), T-9 (Transit Stops), T-10 (Tank
Farm/Righetti Ranch roundabout),T-11 (Orcutt/Ranch House Road Roundabout), T-12 (Bridge
A – Ranch House Road), T-13 (Bridge B – Tiburon Way) and T-14 (Bridge C – Righetti Ranch
Road) in this category. See Attachment F for conceptual layou t of the streets and bridges.
The cost estimate for the Orcutt/Tank Farm intersection improvement (T-1) was increased to
$1.6 million to reflect inflation in construction costs from the $930,000 estimate in the original
PFFP back in 2010.
Estimated costs to complete the transit stops for the OASP (T -9) are ranging closer to $45,000
per stop. Five stops were previously identified as necessary at a cost of $25,000 each. After
reviewing transit circulation needs in the area, it was determined that ten stops would need to be
constructed. Attachment G shows the location of the proposed transit stops.
The Tank Farm Road/Righetti Ranch Road roundabout (T -10) and the Orcutt Road/Ranch House
Road roundabout (aka “A” Street) (T -11) have increased from previously estimated costs of
$650,000 each to $2.0 million and $1.8 million, respectively. These roundabouts are funded
50% by the Righetti Ranch and West Creek subdivisions respectively, with the remaining 50%
of each improvement spread over the entire OASP.
The bridge estimates have been updated to reflect current design and construction underway by
the Tract 3063 developers (Righetti Ranch, Ambient Communities) and Tract 3083 developers
(West Creek, Robbins Reed). These three bridges were estimated in 2017 to cost $4.08 million.
Updates for 2018 reflect estimates of $4.55 million for these improvements.
Cost Changes - Pedestrian and Bicycle Paths
The scope of planned pedestrian and bicycle paths (B-1) throughout the OASP have not changed
since the adoption of the Specific Plan, but costs have increased significantly as final project
approvals have been granted and significantly higher levels of detail have been completed in
engineering and construction plans development. Costs are increasing from earlier esti mates of
$841,000 to $2.8 million.
Packet Page 166
Item 16
This increase includes inflation in construction costs from the previous estimates, a conservative
choice for paving materials to extend longevity and reduce maintenance, and a more refined
estimate based on the actual vertical terrain that the paths are traversing versus a two-
dimensional path than was previously estimated. The proposed grade separation bridge at
Industrial Way continues to use the 2010 Dokken Engineering estimate with a simple adjustment
for construction cost index that was reflected in the previous updates. The cost for the bridge
across Tank Farm road has certainly increased, but that increase is not reflected in the 2018
PFFP update. The OASP fair share participation percentage of this project is 25%. Funds
collected from the OASP for this project will likely be used to leverage grant sources in the
future. Attachment H shows the location of PFFP -funded pedestrian and bicycle facilities.
No Cost Changes – Parks and Recreation Improvements
Current cost estimates for the Parks and Recreation Improvement Fee are $6,045,714. Based on
engineering and construction plan development over the past two years, and continuing review of
park improvement projects by the Parks and Recreation Commission, these estimates are
considered appropriate for the scope of the planned improvements. No changes other than
annual CPI adjustments are recommended at this time.
Minimizing Risk of a Funding Shortfall
As discussed above, when a subdivision is vested, it comes with certain rights that limit the
subdivider’s exposure to changes in standards or increases in fees. Although all the vested
subdivisions were approved after adoption of the PFFP and the PFFP clearly states that there will
be updates to adjust costs, there is the risk that a vested subdivider could challenge the fee
increase. To minimize the risk of creating a funding shortfall if a subdivider successfully
challenges the increase, any subdivision receiving credit beyond the line item amount listed in
the 2017 PFFP will be required to enter into an agreement whereas they agree to cover the
potential shortfall in funding. This agreement will not be required if all vested parties have
submitted an agreement to the City agreeing to pay the updated PFFP fees. Currently, the City is
negotiating such an agreement with Righetti Ranch, LP, since they are the first developers
moving forward with building permits in the OASP area and are the ones constructing the Tank
Farm roundabout, which they will be seeking dollar for dollar credit against the PFFP
transportation fees. Attachment I is a draft PFFP Fee Credit Agreement which minimizing the
City’s risk for a potential funding shortfall and requires the developer benefiting from the credit
to indemnify the City for any challenge to the City’s updated PFFP fees.
Public Engagement
On September 18, 2018, City staff met with representatives from each of the vested subdivisions
to discuss the revisions to the PFFP. They requested some modifications to the costs in the l ine
items, which have been reflected in the attachments to this report. They did not express any
opposition to the PFFP update and understand that the updated estimates better reflect actual
anticipated costs and thus provide a more reliable method for reimbursement, credits and actual
delivery. Letters were mailed out to all the property owners in the OASP area notifying them of
the public meeting to be held at the Council meeting. The letter was also sent via e-mail for those
owners with e-mail addresses on file.
Packet Page 167
Item 16
CONCURRENCES
The Public Works Department and the Community Development Department concur with the
recommended action.
ENVIRONMENTAL REVIEW
The Orcutt Area Specific Plan (OASP) and an associated Final Environmental Impact Report
(FEIR) were approved and certified in March 2010. Implementation of the Public Facilities
Financing Plan (PFFP), including actions such as the proposed 2018 PFFP Update, were
anticipated as mitigation measures to secure needed infrastructure in supporting orderly grow th
in the OASP Planning Area.
The adoption of an updated fee structure for development impacts in the Orcutt Planning Area is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a potential effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. The updating of a fee program does not have any potential to
cause significant effects on the environment and the general rule CEQA 15061 (b) (3) exemption
applies because all projects included within the fee program have been subject to prior CEQA
review in conjunction with plan adoption and/or specific project app rovals and there are no
changes to previously studied projects proposed to be funded through the fee program. Even if
this was a project under CEQA it would be Categorically Exempt under 15273 (a) (4) (Rates,
Tolls, Fares, and Charges). Obtaining funds fo r capital projects, necessary to maintain service
within existing services areas are exempt from CEQA.
FISCAL IMPACT
Adopting the revised fee structure has no impact on the General Fund of the City. The projects
included in the OASP PFFP are largely development driven and are the responsibility of the
OASP and other development projects. If the OASP is not updated and the project costs not
allocated to development the City would need to finance the projects over time via General Fund
or grant sources beyond that assumed in the PFFP. Agreements will be put in place to minimize
the risk of a funding shortfall due to a vested subdivider successfully challenging the PFFP
update. There is no cost to the City for preparing and processing this 2018 Update, as the costs of
the update are rolled into the OASP Specific Plan and EIR Reimbursement fee.
Packet Page 168
Item 16
ALTERNATIVES
1. Direct staff to re-evaluate one or more of the specific recommendations contained within the
2018 PFFP Update and return to Council with an updated document for consideration.
2. Council may elect to continue this item to provide additional clarifications or information
needed to render a decision. Should Council elect this alternative, direction should be
provided to staff as to the additional information needed.
3. Elect not to update the OASP PFFP impact fee program. This is not recommended because
the PFFP needs to be updated to reflect the revised cost estimates for necessary
infrastructure.
Attachments:
a - Draft Resolution Approving Revisions
b - Vicinity Map
c - Existing 2017 PFFP List of Projects and Fees
d - Pre-7-1-18 Vested Subdivisions PFFP Cost Updates
e - Post-7-1-18 Subdivisions PFFP Cost Updates
f - Streets and Bridges Map
g - Transit Stops Map
h - Bicycle Paths Map
i - Draft Fee Credit Agreement
Packet Page 169
Item 16
R _____
RESOLUTION NO. (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA APPROVING AN UPDATE TO THE ORCUTT
AREA SPECIFIC PLAN – PUBLIC FACILITIES FINANCING PLAN
WHEREAS, in May 2010 the City Council adopted the Orcutt Area Specific Plan (OASP)
to govern development of the Orcutt Planning Area; and
WHEREAS, the OASP included a Chapter 8 addressing “Public Facilities Financing”; and
WHEREAS, the framework for Chapter 8 of the OASP was a September 23, 2009 “OASP
Public Facilities Financing Plan” (PFFP) prepared by Goodwin Consulting Group for the City; and
WHEREAS, said PFFP evaluated the needed infrastructure to support development of the
Orcutt Planning Area, and established a phasing plan and fee structure to support the development
of needed infrastructure on a “pay-as-you-go” basis, essentially securing fees from developing
propert ies and concurrently completing infrastructure to support those developing properties ; and
WHEREAS, on November 15, 2016 and again on December 12, 2017 the City Council
adopted updates to the PFFP prepared for the City by Watson Planning Consultants and Wallace
Group, to provide adjustments to the various projects contained in the PFFP, the estimated costs
associated with completing those projects, and the apportionment of those costs to the planned
developments within the OASP; and
WHEREAS, some of the projects in the PFFP are under construction and more accurate
cost estimates have been provided for these projects; and
WHEREAS, the OASP and PFFP each anticipated the need to periodically update and
revise the scope of needed infrastructure and the costs associated with those projects to insure an
adequate fee structure is in place ; and
WHEREAS, pursuant to California Government Code Section 66016, the City Council
held a properly noticed public meeting at their regularly scheduled October 16, 2018, meet ing at
which oral and written presentations were made and public testimony was recieved.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Continued Findings. Based on the evidence submitted and considered at
its October 16, 2018 public hearing, the City Council makes the following continued findings:
1. The Orcutt Area Specific Plan (OASP) and the OASP Public Facilities Financing Plan
(PFFP) were duly approved in May 2010, at which time a PFFP Fee Structure was
established that was intended to collect funds from developing properties in the Planning
Packet Page 170
Item 16
Resolution No. (2018 Series) Page 2
R _____
Area to be used to complete needed public infrastructure to support the planned growth in
the OASP.
2. The 2010 OASP and PFFP anticipated the need to periodically review and update the PFFP
Fee Structure as a means to insure development was paying its fair share of new
infrastructure needed to serve the developing Planning Area.
3. Since its adoption in May 2010, updates to the PFFP have been completed previously in
November 2016 and December 2017.
4. Since May 2010, over 700 residential units have been approved fo r development in the
OASP, constituting 2/3rds of the total units expected in the Planning Area.
5. It is timely to provide this update to the PFFP cost estimates and update the PFFP Fee
Structure to insure new development fully pays its way in meeting public infrastructure
demands they create, in a timely and orderly manner.
6. The purpose of the updated PFFP fees is to further protect public health, safety, and general
welfare by providing adequate transportation and park and recreation facilities to satisfy
the needs of new development and to mitigate the impacts of new development on the
City’s capital facilities and improvements and were contemplated in various policies in the
OASP.
7. The updated PFFP fees collected pursuant to this resolution shall be used only to pay for
facilities and improvements identified in the PFFP, which is incorporated herein by this
reference, and shall not be in lieu of any other fee or tax as may be required by the
Municipal Code.
8. There is a reasonable relationship between the types of development on which the PFFP
fees are imposed and the use of the PFFP fees and the need for the facilities and
improvements.
9. As required by Government Code Section 66001 et seq., there is a reasonable relationship
between the amount of the updated PFFP fees and the cost of the facilities and
improvements attributable to the developments on which the PFFP fees are imposed.
Packet Page 171
Item 16
Resolution No. (2018 Series) Page 3
R _____
SECTION 2. Environmental Review. The Orcutt Area Specific Plan (OASP) and an
associated Final Environmental Impact Report (FEIR) were approved and certified in March 2010.
Implementation of the Public Facilities Financing Plan (PFFP), including actions such as the 201 8
Update of the PFFP, were anticipated as mitigatio n measures to secure needed infrastructure in
supporting orderly growth in the OASP Planning Area. The adoption of an updated fee structure
for development impacts in the Orcutt Planning Area is covered by the general rule that CEQA
applies only to project s which have the potential for causing a potential effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant e ffect on the environment, the general rule CEQA 16061 (b) (3) exemption
applies. Therefore, no further environmental review is required .
SECTION 3. Action – Adoption of Resolution. Based on the evidence and findings
noted above, the City Council hereby approves the 2018 PFFP fee update as outlined in the staff
report.
SECTION 4. The Community Development Director is authorized to revise the Public
Facilities Financing Plan to reflect the update and administer and implement these fees as provided
therein.
SECTION 5. The Community Development Director is authorized to execute an agreement
with the OASP subdividers in a form acceptable to the City Attorney whereby the vested subdivisions
agree to pay the updated 2018 PFFP fee rates and agree to cover the shortfall for any vested
subdivisions that do not sign the agreement.
SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this Resolution.
Upon motion of _______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this ______ day of _______________ 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
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Item 16
Resolution No. (2018 Series) Page 4
R _____
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
Packet Page 173
Item 16
Righetti
Ranch
Approved
2015
Imel
Approved
2017
Jones
Approved
2015
West
Creek
Approved
2016
Wathan
Castanos
Approved
2017
Attachment B
Pratt
Approved
2018
Packet Page 174
Item 16
Table 2
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan
Summary of Project-Specific Infrastructure Costs
Gross OASP Fair Share Net
Ref.Item Total Cost Percentage Total Cost
Transportation
Street Improvements
T1 Orcutt Road/Tank Farm Road 1,111,000$ 100.0%1,111,000$
T2 Broad Street/South St-Santa Barbara Road 707,100$ 1 25.4%179,603$
T3 Broad Street/Tank Farm Rd 599,000$ 50.0%299,500$
T4 Orcutt Road/Johnson Ave 359,300$ 2 100.0%359,300$
T5 Broad Street/Prado Road Extension 528,000$ 3 50.0%264,000$
Second Northbound Left Turn Lane
T6 Orcutt Road Widening 383,400$ 4 89.9%344,592$
T7 Bullock Lane Realignment 1,418,000$ 70.0%992,600$
T8 Relocating Hanson Road 1,452,000$ 5 20.0%290,400$
or Reducing the Grade on Orcutt at Hanson Rd
T9 Transit Stops (5 at $25,000 each)125,000$ 100.0%125,000$
T10 Tank Farm Roundabout (at Righetti Ranch Road)650,000$ 6 50.0%325,000$
T11 Orcutt Road Roundabout (at "A" Street)650,000$ 7 50.0%325,000$
Subtotal Street Improvements 7,982,800$ 4,615,995$
Orcutt Expansion Area Bridges
T12 Bridge A 680,000$ 100.0%680,000$
T13 Bridge B 1,800,000$ 100.0%1,800,000$
T14 Bridge C 1,600,000$ 100.0%1,600,000$
Subtotal Orcutt Expansion Area Bridges 4,080,000$ 4,080,000$
Total Street and Bridges Improvements 12,062,800$ 8,695,995$
Pedestrian and Bicycle Paths
B1 Pedestrian and Bicycle Paths 841,000$ 100.0%841,000$
B2 Pedestrian/Bike Overpass at Industrial Way 2,108,000$ 8 50.0%1,054,000$
B3 Bike Path Extension Over Tank Farm Rd 1,008,000$ 9 25.0%252,000$
Total Pedestrian and Bicycle Paths 3,957,000$ 2,147,000$
Total Transportation Improvements 16,019,800$ 10,842,995$
Parks & Recreation
P1 Central Neighborhood Park - Main Portion South of Creeks (Righetti)4,800,341$ 10 100.0%4,800,341$
P2 Central Neighborhood Park - Phase 2 -$ 11 100.0%-$
P3 Pocket Park 339,849$ 100.0%339,849$
P4 Linear Park System 813,527$ 100.0%813,527$
P5 Trail Junction Park 91,997$ 12 91,997$
Total Parks & Recreation 6,045,714$ 6,045,714$
Total Project-Specific Infrastructure Costs 22,065,514$ 16,888,709$
Parkland Acquisition Fee (11.80 acres x's $300,000/acre)3,540,000$ 13 100.0%3,540,000$
Totals 25,605,514$ 20,428,709$
1 Project Cost has been adjusted to reflect actual cost minus SHA Grant on project; adjusted for CPI ($645,557). Funds to reimburse City TIF advance to OASP.
2 2010 project estimate = $300,000, adjusted for ENR Changes (March 2010 to August 2016).
3 Wallace estimate included additional improvements beyond OASP. Participation set at 50% of $528,000. OASP cost adjusted to $264,000.
4 Total project cost set by Council in 2011 at $357,057, adjusted by CPI to 2016 = $383,400. OASP participation set at 89.88% for reimbursement to Orcutt Assoc.
5 OASP participation cost reduced to 20% to reflect potential local match for HSIP program, or for independent work at intersection.
6 Tank Farm Roundabout (T10) is split 50% to Tract 3063 (Righetti Ranch) and 50% divided between all OASP properties.
7 Orcutt Road Roundabout (T11) is split 50% to Tract 3083 (West Creek) and 50% divided between all OASP properties.
8 By previous action of City Council, the full contribution to the Industrial Way bike/pedestrian overcrossing by the OASP is 50%.
9 OASP participation amount adjusted to 25% to reflect future local match of Grant Request.
10 Parks construction and contingency estimates updated; "soft" costs limited to 15% of estimated projects.
11 0.9 acre expansion of Neighborhood Park into Garay omitted from fee schedule.
12 Includes passive park improvements only. Active improvements deleted from the estimate.
13 Acquisition Fee corrected to reflect approved Neighborhood Park design and revised acreage.
Sources: The Wallace Group, City of San Luis Obispo, Goodwin Consulting Group, Inc (2009)
Updated: City of San Luis Obispo, The Wallace Group, Watson Planning Consultants, Inc. November 15, 2016
PFFP Table 2-4-5-6-7 with Parks Changes - Table2 Applic's 2016 projection Current as of: 11/23/2016Packet Page 175
Item 16
Table 7
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan
Project-Specific Infrastructure Cost Allocation Summary
Capital Pedestrian and Parks &Total Cost Total
Facility:Transportation Bicycle Paths Recreation Allocation Facility Costs
Benefit Daily Daily Residents
Unit:Trip Rate Trip Rate Served
Capital Costs:$8,695,995 $2,147,000 $6,045,714 $16,888,709
per Unit
Single Family $9,745 $2,406 $6,585 $18,736 $9,311,742
Multi-Family $6,807 $1,681 $4,899 $13,387 $7,576,967
Total $16,888,709
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.November 15, 2016
Cost per Unit
PFFP Table 2-4-5-6-7 with Parks Changes - Table 7 Current as of: 11/23/2016Packet Page 176
Item 16
Table 2
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Pre-7/1/2018 Fee Structure for Vested Tracts
Summary of Project-Specific Infrastructure Costs
9-18-18 adjusts
Gross OASP Fair Share Net
Ref.Item Total Cost Percentage Total Cost
Transportation
Street Improvements
T1 Orcutt Road/Tank Farm Road 1,600,000$ 100.0%14 1,600,000$
T2 Broad Street/South St-Santa Barbara Road 707,100$ 1 25.4%179,603$
T3 Broad Street/Tank Farm Rd 599,000$ 50.0%14 299,500$
T4 Orcutt Road/Johnson Ave 359,300$ 2 100.0%14 359,300$
T5 Broad Street/Prado Road Extension 528,000$ 3 50.0%14 264,000$
Second Northbound Left Turn Lane
T6 Orcutt Road Widening 383,400$ 4 89.9%344,592$
T7 Bullock Lane Realignment 1,418,000$ 70.0%992,600$
T8 Relocating Hanson Road 1,452,000$ 5 20.0%290,400$
or Reducing the Grade on Orcutt at Hanson Rd
T9 Transit Stops (10 at $45,000 each)450,000$ 100.0%450,000$
T10 Tank Farm Roundabout (at Righetti Ranch Road)2,000,000$ 6 50.0%1,000,000$
T11 Orcutt Road Roundabout (at "A" Street)1,800,000$ 7 50.0%900,000$
Subtotal Street Improvements 11,296,800$ 6,679,995$
Orcutt Expansion Area Bridges
T12 Bridge A (Ranch House Road)900,000$ 100.0%900,000$
T13 Bridge B (Tiburon Way)1,900,000$ 100.0%1,900,000$
T14 Bridge C (Righetti Ranch Road)1,750,000$ 100.0%1,750,000$
Subtotal Orcutt Expansion Area Bridges 4,550,000$ 4,550,000$
Total Street and Bridges Improvements 15,846,800$ 11,229,995$
Pedestrian and Bicycle Paths
B1 Pedestrian and Bicycle Paths 2,800,000$ 100.0%2,800,000$
B2 Pedestrian/Bike Overpass at Industrial Way 2,108,000$ 8 50.0%1,054,000$
B3 Bike Path Extension Over Tank Farm Rd 1,008,000$ 9 25.0%252,000$
Total Pedestrian and Bicycle Paths 5,916,000$ 4,106,000$
Total Transportation Improvements 21,762,800$ 15,335,995$
Parks & Recreation
P1 Central Neighborhood Park - Main Portion South of Creeks (Righetti)4,800,341$ 10 100.0%4,800,341$
P2 Central Neighborhood Park - Phase 2 -$ 11 100.0%-$
P3 Pocket Park 339,849$ 100.0%339,849$
P4 Linear Park System 813,527$ 100.0%813,527$
P5 Trail Junction Park 91,997$ 12 91,997$
Total Parks & Recreation 6,045,714$ 6,045,714$
Total Project-Specific Infrastructure Costs 27,808,514$ 21,381,709$
Parkland Acquisition Fee (11.80 acres x's $300,000/acre)3,540,000$ 13 100.0%3,540,000$
Totals 31,348,514$ 24,921,709$
1 Project Cost has been adjusted to reflect actual cost minus SHA Grant on project; adjusted for CPI ($645,557). Funds to reimburse City TIF advance to OASP.
2 2010 project estimate = $300,000, adjusted for ENR Changes (March 2010 to August 2016).
3 Wallace estimate included additional improvements beyond OASP. Participation set at 50% of $528,000. OASP cost adjusted to $264,000.
4 Total project cost set by Council in 2011 at $357,057, adjusted by CPI to 2016 = $383,400. OASP participation set at 89.88% for reimbursement to Orcutt Assoc.
5 OASP participation cost reduced to 20% to reflect potential local match for HSIP program, or for independent work at intersection.
6 Tank Farm Roundabout (T10) is split 50% to Tract 3063 (Righetti Ranch) and 50% divided between all OASP properties.
7 Orcutt Road Roundabout (T11) is split 50% to Tract 3083 (West Creek) and 50% divided between all OASP properties.
8 By previous action of City Council, the full contribution to the Industrial Way bike/pedestrian overcrossing by the OASP is 50%.
9 OASP participation amount adjusted to 25% to reflect future local match of Grant Request.
10 Parks construction and contingency estimates updated; "soft" costs limited to 15% of estimated projects.
11 0.9 acre expansion of Neighborhood Park into Garay omitted from fee schedule.
12 Includes passive park improvements only. Active improvements deleted from the estimate.
13 Acquisition Fee corrected to reflect approved Neighborhood Park design and revised acreage.
14 Vested projects' fair share is 100% and they will pay old Citywide TIF. Non-vested projects' fair share is 0% and they will pay current Citywide TIF.
Sources: The Wallace Group, City of San Luis Obispo, Goodwin Consulting Group, Inc (2009)
Updated: City of San Luis Obispo, The Wallace Group, Watson Planning Consultants, Inc. September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Vested 9-18-18 - Table2 Vested Tracts 2018 Current as of: 9/19/2018Packet Page 177
Item 16
Table 4
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Pre-7/1/2018 Fee Structure for Vested Tracts
Cost Allocation Table
Transportation
Net Daily Total Percent Total Cost per
Land Use Units Acres Trip Rate Trips Allocation Costs Unit
Cost $11,229,995
per Unit
Single Family 497 87.4 9.09 4,518 55.69%$6,254,333 $12,584
Multi-Family 566 25.9 6.35 3,594 44.31%$4,975,662 $8,791
Total 1063 113.3 8,112 100%$11,229,995
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Vested 9-18-18 - Table 4 Current as of: 9/19/2018Packet Page 178
Item 16
Table 5
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Pre-7/1/2018 Fee Structure for Vested Tracts
Cost Allocation Table
Pedestrian and Bicycle Paths
Net Daily Total Percent Total Cost per
Land Use Units Acres Trip Rate Trips Allocation Costs Unit
Cost $4,106,000
per Unit
Single Family 497 87.4 9.09 4,518 55.69%$2,286,759 $4,601
Multi-Family 566 25.9 6.35 3,594 44.31%$1,819,241 $3,214
Total 1063 113.3 8,112 100%$4,106,000
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Vested 9-18-18 - Table 5 Current as of: 9/19/2018Packet Page 179
Item 16
Table 6
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Pre-7/1/2018 Fee Structure for Vested Tracts
Cost Allocation Table
Parks & Recreation
Total
Net Residents Residents Percent Total Cost per
Land Use Units Acres Served Served Allocation Costs Unit
Cost $6,045,714
per Unit
Single Family 497 87.4 2.46 1,223 54.14%$3,272,941 $6,585
Multi-Family 566 25.9 1.83 1,036 45.86%$2,772,773 $4,899
Total 1063 113.3 2,258 100%$6,045,714
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.Pre-7/1/2018 Fee Structure for Vested Tracts
PFFP Table 2-4-5-6-7 dd Alt Vested 9-18-18 - Table 6 Current as of: 9/19/2018Packet Page 180
Item 16
Table 7
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Pre-7/1/2018 Fee Structure for Vested Tracts
Project-Specific Infrastructure Cost Allocation Summary
Capital Pedestrian and Parks &Total Cost Total
Facility:Transportation Bicycle Paths Recreation Allocation Facility Costs
Benefit Daily Daily Residents
Unit:Trip Rate Trip Rate Served
Capital Costs:$11,229,995 $4,106,000 $6,045,714 $21,381,709
per Unit
Single Family $12,584 $4,601 $6,585 $23,771 $11,814,033
Multi-Family $8,791 $3,214 $4,899 $16,904 $9,567,676
Total $21,381,709
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
Cost per Unit
PFFP Table 2-4-5-6-7 dd Alt Vested 9-18-18 - Table 7 Current as of: 9/19/2018Packet Page 181
Item 16
Table 2
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Post-7/1/2018 Fee Structure for maps and developments
Summary of Project-Specific Infrastructure Costs
9-18-18 adjusts
Gross OASP Fair Share Net
Ref.Item Total Cost Percentage Total Cost
Transportation
Street Improvements
T1 Orcutt Road/Tank Farm Road 1,600,000$ 100.0%1,600,000$
T2 Broad Street/South St-Santa Barbara Road 707,100$ 1 25.4%179,603$
T3 Broad Street/Tank Farm Rd 599,000$ moved to City-wide TIF 14 -$
T4 Orcutt Road/Johnson Ave 359,300$ 2 moved to City-wide TIF 14 -$
T5 Broad Street/Prado Road Extension 528,000$ 3 moved to City-wide TIF 14 -$
Second Northbound Left Turn Lane
T6 Orcutt Road Widening 383,400$ 4 89.9%344,592$
T7 Bullock Lane Realignment 1,418,000$ 70.0%992,600$
T8 Relocating Hanson Road 1,452,000$ 5 20.0%290,400$
or Reducing the Grade on Orcutt at Hanson Rd
T9 Transit Stops (10 at $45,000 each)500,000$ 100.0%500,000$
T10 Tank Farm Roundabout (at Righetti Ranch Road)2,000,000$ 6 50.0%1,000,000$
T11 Orcutt Road Roundabout (at "A" Street)1,800,000$ 7 50.0%900,000$
Subtotal Street Improvements 11,346,800$ 5,807,195$
Orcutt Expansion Area Bridges
T12 Bridge A (Ranch House Road)900,000$ 100.0%900,000$
T13 Bridge B (Tiburon Way)1,900,000$ 100.0%1,900,000$
T14 Bridge C (Righetti Ranch Road)1,750,000$ 100.0%1,750,000$
Subtotal Orcutt Expansion Area Bridges 4,550,000$ 4,550,000$
Total Street and Bridges Improvements 15,896,800$ 10,357,195$
Pedestrian and Bicycle Paths
B1 Pedestrian and Bicycle Paths 2,800,000$ 100.0%2,800,000$
B2 Pedestrian/Bike Overpass at Industrial Way 2,108,000$ 8 50.0%1,054,000$
B3 Bike Path Extension Over Tank Farm Rd 1,008,000$ 9 25.0%252,000$
Total Pedestrian and Bicycle Paths 5,916,000$ 4,106,000$
Total Transportation Improvements 21,812,800$ 14,463,195$
Parks & Recreation
P1 Central Neighborhood Park - Main Portion South of Creeks (Righetti)4,800,341$ 10 100.0%4,800,341$
P2 Central Neighborhood Park - Phase 2 -$ 11 100.0%-$
P3 Pocket Park 339,849$ 100.0%339,849$
P4 Linear Park System 813,527$ 100.0%813,527$
P5 Trail Junction Park 91,997$ 12 91,997$
Total Parks & Recreation 6,045,714$ 6,045,714$
Total Project-Specific Infrastructure Costs 27,858,514$ 20,508,909$
Parkland Acquisition Fee (11.80 acres x's $300,000/acre)3,540,000$ 13 100.0%3,540,000$
Totals 31,398,514$ 24,048,909$
1 Project Cost has been adjusted to reflect actual cost minus SHA Grant on project; adjusted for CPI ($645,557). Funds to reimburse City TIF advance to OASP.
2 2010 project estimate = $300,000, adjusted for ENR Changes (March 2010 to August 2016).
3 Wallace estimate included additional improvements beyond OASP. Participation set at 50% of $528,000. OASP cost adjusted to $264,000.
4 Total project cost set by Council in 2011 at $357,057, adjusted by CPI to 2016 = $383,400. OASP participation set at 89.88% for reimbursement to Orcutt Assoc.
5 OASP participation cost reduced to 20% to reflect potential local match for HSIP program, or for independent work at intersection.
6 Tank Farm Roundabout (T10) is split 50% to Tract 3063 (Righetti Ranch) and 50% divided between all OASP properties.
7 Orcutt Road Roundabout (T11) is split 50% to Tract 3083 (West Creek) and 50% divided between all OASP properties.
8 By previous action of City Council, the full contribution to the Industrial Way bike/pedestrian overcrossing by the OASP is 50%.
9 OASP participation amount adjusted to 25% to reflect future local match of Grant Request.
10 Parks construction and contingency estimates updated; "soft" costs limited to 15% of estimated projects.
11 0.9 acre expansion of Neighborhood Park into Garay omitted from fee schedule.
12 Includes passive park improvements only. Active improvements deleted from the estimate.
13 Acquisition Fee corrected to reflect approved Neighborhood Park design and revised acreage.
14 Vested projects' fair share is 100% and they will pay old Citywide TIF. Non-vested projects' fair share is 0% and they will pay current Citywide TIF.
Sources: The Wallace Group, City of San Luis Obispo, Goodwin Consulting Group, Inc (2009)
Updated: City of San Luis Obispo, The Wallace Group, Watson Planning Consultants, Inc. September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Non-Vested 9-18-18 - Table2 Non-Vested Current as of: 9/19/2018Packet Page 182
Item 16
Table 4
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Post-7/1/2018 Fee Structure for maps and developments
Cost Allocation Table
Transportation
Net Daily Total Percent Total Cost per
Land Use Units Acres Trip Rate Trips Allocation Costs Unit
Cost $10,357,195
per Unit
Single Family 497 87.4 9.09 4,518 55.69%$5,768,244 $11,606
Multi-Family 566 25.9 6.35 3,594 44.31%$4,588,952 $8,108
Total 1063 113.3 8,112 100%$10,357,195
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Non-Vested 9-18-18 - Table 4 Current as of: 9/19/2018Packet Page 183
Item 16
Table 5
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Post-7/1/2018 Fee Structure for maps and developments
Cost Allocation Table
Pedestrian and Bicycle Paths
Net Daily Total Percent Total Cost per
Land Use Units Acres Trip Rate Trips Allocation Costs Unit
Cost $4,106,000
per Unit
Single Family 497 87.4 9.09 4,518 55.69%$2,286,759 $4,601
Multi-Family 566 25.9 6.35 3,594 44.31%$1,819,241 $3,214
Total 1063 113.3 8,112 100%$4,106,000
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Non-Vested 9-18-18 - Table 5 Current as of: 9/19/2018Packet Page 184
Item 16
Table 6
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Post-7/1/2018 Fee Structure for maps and developments
Cost Allocation Table
Parks & Recreation
Total
Net Residents Residents Percent Total Cost per
Land Use Units Acres Served Served Allocation Costs Unit
Cost $6,045,714
per Unit
Single Family 497 87.4 2.46 1,223 54.14%$3,272,941 $6,585
Multi-Family 566 25.9 1.83 1,036 45.86%$2,772,773 $4,899
Total 1063 113.3 2,258 100%$6,045,714
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo; CA Department of Finance;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
PFFP Table 2-4-5-6-7 dd Alt Non-Vested 9-18-18 - Table 6 Current as of: 9/19/2018Packet Page 185
Item 16
Table 7
City of San Luis Obispo
Orcutt Area Specific Plan Public Facilities Financing Plan Post-7/1/2018 Fee Structure for maps and developments
Project-Specific Infrastructure Cost Allocation Summary
Capital Pedestrian and Parks &Total Cost Total
Facility:Transportation Bicycle Paths Recreation Allocation Facility Costs
Benefit Daily Daily Residents
Unit:Trip Rate Trip Rate Served
Capital Costs:$10,357,195 $4,106,000 $6,045,714 $20,508,909
per Unit
Single Family $11,606 $4,601 $6,585 $22,793 $11,327,944
Multi-Family $8,108 $3,214 $4,899 $16,221 $9,180,965
Total $20,508,909
Sources:Orcutt Area Specific Plan (Final, May 2010); City of San Luis Obispo;
OASP Public Facilities Financing Plan - Goodwin Consulting Group, Inc. (2009)
Updated:Watson Planning Consultants, Inc.September 18, 2018 DRAFT
Cost per Unit
PFFP Table 2-4-5-6-7 dd Alt Non-Vested 9-18-18 - Table 7 Current as of: 9/19/2018Packet Page 186
Item 16
X
X X
X
X X X X X XXXXXXXXXX XXXYIELD
1050 Southwood Drive
San Luis Obispo, CA 93401
P 805.544.7407 F 805.544.3863
RIGHETTI RANCH
TRACT 3063
PHASE II
RIGHETTI RANCH
TRACT 3063
PHASE I
RIGHETTI RANCH
TRACT 3063
PHASE III
TAYLOR RANCH
TRACT 3044
JONES RANCH
TRACT 3066
WEST CREEK
TRACT 3083
IMEL RANCH
TRACT 3095
GARAY
FIALA
JONES
HOMESTEAD
P.
TAYLOR
RIGHETTI RANCH ROAD
RIGHETTI RANCH ROADTIBURON WAYPRATTTRACT 3111EVANSANDERSONPRATTNEIGHBORHOOD
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Packet Page 187
Item 16
X X
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RIGHETTI RANCH
TRACT 3063
PHASE II
RIGHETTI RANCH
TRACT 3063
PHASE I
RIGHETTI RANCH
TRACT 3063
PHASE III
TAYLOR RANCH
TRACT 3044
JONES RANCH
TRACT 3066
WEST CREEK
TRACT 3083
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FIALA
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P.
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RIGHETTI RANCH ROAD
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DEVELOPMENT
PFFP BUS STOPS
IN OASP AREA
**
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**
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Packet Page 188
Item 16
X X
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RIGHETTI RANCH
TRACT 3063
PHASE II
RIGHETTI RANCH
TRACT 3063
PHASE I
RIGHETTI RANCH
TRACT 3063
PHASE III
TAYLOR RANCH
TRACT 3044
JONES RANCH
TRACT 3066
WEST CREEK
TRACT 3083
IMEL RANCH
TRACT 3095
GARAY
FIALA
JONES
HOMESTEAD
P.
TAYLOR
RIGHETTI RANCH ROAD
RIGHETTI RANCH ROADTIBURON WAYPRATTTRACT 3111EVANSANDERSONPRATTNEIGHBORHOOD
PARKGARNEYRANCH HOUSE ROAD
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DEVELOPMENT
PFFP BUS STOPS
IN OASP AREA
**
*
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*
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Packet Page 189
Item 16
1
1521860.1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401
No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
AGREEMENT
(PFFP – Tank Farm Road Round-about)
This Agreement (“Agreement”) is entered into this _____ day of __________________,
201__ (the “Effective Date”), by and between the City of San Luis Obispo, a municipal
corporation and charter city (“CITY”) and Righetti Ranch L.P., a Delaware limited partnership
(“DEVELOPER”). The CITY and DEVELOPER are sometimes hereinafter referred to
individually as a “party” and collectively as “parties.”
RECITALS
WHEREAS, DEVELOPER is the owner of that certain real property in the City of San Luis
Obispo, California commonly known as Righetti Ranch Tract 3063 (“Righetti Ranch”), Jones
Ranch Tract 3066 (“Jones Ranch”), Imel Tract 3095 (“Imel”), and the Pratt subdivisions
consisting of Parcel Map SLO 17-0127, Tract 3111, and Parcel Map SLO 18-0036 (collectively
Pratt”), all of which are hereinafter collectively referred to as the “Property” and are legally
described in Exhibit A attached hereto.
WHEREAS, DEVELOPER is currently developing the Righetti Ranch and Jones Ranch. The
development of Righetti Ranch and Jones Ranch is referred to hereinafter as the “Project” and
consists of a total of 370 residential lots and other comme rcial property and amenity space; and
WHEREAS, the Property is subject to a Public Facilities Financing Plan (“PFFP”) established in
2010 as part of the Orcutt Area Specific Plan (“OASP”) which provides for the collection of fees
and the award of credits to facilitate the financing and construction of certain public facilities
within the OASP area. The fee was updated in 2016 (the “2016 PFFP Update”) to account for
current cost estimates (the old fee was based on 2007 estimates) and to include two new
Packet Page 190
Item 16
2
1521860.1
roundabouts in the list of projects. The 2016 PFFP Update lists the PFFP Transportation fee at
$12,740 per single-family residence and is adjusted annually by CPI. The fees established under
the 2016 PFFP Update were based on the estimated costs of constructing various transportation
improvements within the OASP area. The 2016 PFFP Update includes the following transportation
infrastructure improvement projects and cost estimates:
1. T-10: Tank Farm Roundabout, located at the intersection of Tank Farm Road and Righetti
Ranch Road in the City (the “Round-about”) $650,000, of which only 50% ($325,000) is
eligible for PFFP credit
2. T-1: Orcutt Road/Tank Farm Road Street Improvements, $1,111,000;
3. T-13: Orcutt Area Bridge B, $1,800,000;
4. T-14: Orcutt Area Bridge C, $1,600,000;
5. B-1: 60% of the total Pedestrian Bicycle Paths, $841,000; and
6. T-9: Transit Stops (5 total), $25,000 per stop.
Items 1 through 6 above are hereinafter referred to as the “Transportation Improvements.” The
2016 PFFP Update estimated a total construction cost of$6,127,000 for these Transportation
Improvements, of which $5,802,000 is eligible for fee credit. Consequently, if DEVELOPER
completes the construction of each of these Transportation Improvements, Developer is entitled to
fee credits for the costs of construction of each of such improvements ; and.
WHEREAS, the actual costs of the DEVELOPER to install the Round-about are now estimated
at $2,000,000, which is One Million Three Hundred Fifty Thousand Dollars ($1,350,000) higher
than estimated in the 2016 PFFP Update (the “Increased Round-about Costs”); and
WHEREAS, DEVELOPER’s fair share contribution to the Round-about is fifty percent (50%)
according to the 2016 PFFP Update, which equates to Six Hundred and Seventy Five Thousand
Dollars ($675,000) of the Increased Round-about Costs; and
WHEREAS… (add similar language as above two paragraphs for the increased ped and bike
path costs and increased transit stop costs); and
WHEREAS, the Increased Round-about Costs, Increased Pedestrian Bicycle Path Costs, and
Increased Transit Stop Costs are collectively referred to as the “Increased Costs”; and
WHEREAS, DEVELOPER desires to obtain a fee credit for Increased Costs against the Project’s
PFFP Transportation fees for t he costs of installing Transportation Improvements; and
WHEREAS, the Increased Costs are not part of the 2016 PFFP Update transportation fees which
means that total payments into the PFFP system will be deficient by the amount of the Increased
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Item 16
3
1521860.1
Costs unless the PFFP fees are modified to reflect the actual costs of construction and there are no
successful challenges to any PFFP fee modifications; and
WHEREAS, by this Agreement, CITY and DEVELOPER desire to establish a mechanism
whereby CITY agrees to (1) consider amendments to the PFFP fees to include the Increased Costs
and other modifications deemed appropriate by the City; (2) issue PFFP Fee Credits at the modified
rate; and (3) establish a mechanism whereby CITY has the right to recapture any loss es from
DEVELOPER resulting from the Increased Costs due to a successful argument that the following
projects within the OASP area are vested under the 2016PFFP fee and therefore, not subject to
the modified rate:, specifically, the Taylor project (Tract 3044 and Parcel Map SLO 17-0115; the
“Taylor Project”). and the West Creek Project (Tract No. 3083; the “West Creek Project”).
AGREEMENT
NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged,
CITY and DEVELOPER hereby agree as follows:
1. Recitals. The above recitals are true and correct and are hereby incorporated into this
Agreement as though set forth in full.
2. Fee Increase; Protest Waiver. The CITY shall, as soon as practically possible,
schedule a hearing for the City Council to consider an update to the PFFP fees for the
OASP (the “2018 PFFP Update”) area to reflect the Increased Costs and any other
amendments CITY deems necessary or advisable consistent with the OASP Specific
Plan (the “2018 PFFP Updated Fees”). The 2018 Updated PFFP Fees may include,
but are not limited to, increases in Transportation PFFP fees, Park Improvement fees,
and OASP Plan Preparation fees. DEVELOPER hereby waives any right to protest the
Updated PFFP Fees as against any lot within the Property. Such waiver includes any
right based on vested rights.
3. Fee Credits. CITY shall grant fee credits for the Project at the 2016 PFFP Update rate
for any PFFP projects constructed by DEVELOPER. Until the 2018 PFFP Updated
Fees are approved by the City Council, the maximum transportation PFFP fee credit
for the Project under the 2016 PFFP Update shall not exceed $5,802,000 which equals
the total amount of reimbursable Transportation Improvements listed in the 2016 PFFP
Update, provided that all of the follo wing conditions are met:
a. Appropriate securities have been submitted by DEVELOPER to guarantee
completion of the Transportation Improvements; and
b. Appropriate documentation is submitted by DEVELOPER and approved by CITY
verifying costs expended by DEVELOPER to design and construct the Transportation
Improvements
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Item 16
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1521860.1
Upon the effective date of the 2018 PFFP Update, DEVELOPER shall receive a fee
credit in the amount of such updated fees as against DEVELOPER’s documented costs
of construction of the Transportation Improvements, not to exceed the amounts
allocated in the 2018 PFFP Update for the Transportation Improvements.
DEVELOPER acknowledges and agrees that any PFFP fee credits for the Project that
are granted by CITY prior to approval and the effective date of the 2018 Updated PFFP
Fees, if any, including the fee credits that have been already issued or approved for
eighty-five (85) lots within Tract 3063, will be retroactively adjusted to reflect the 2018
Updated PFFP Fees so as not to unfairly distribute fee increases to the undeveloped
lots. Simply by way of example, if the Updated 2018 PFFP Fees equals $17,185 per
residence and eighty-five (85) building permits are issued prior to the effective date of
the 2018 Updated PFFP Fees, the total fee credit applied to the Project will be
automatically adjusted from the 2016 PFFP Update fee rate to the 2018 Updated PFFP
Fee rate of $17,185
4. Reimbursement. If the owners of the Taylor Property or the West Creek Property
successfully challenge, including the expiration of all appeals, the imposition of the
Updated PFFP Fees onto either of those developments, DEVELOPER agrees to pay to
the CITY as follows:
The number of residential units for each development which successfully challenged
the fee multiplied by the difference between the 2016 PFFP Update transportation fee
and the 2018 PFFP Updated Fees (the “Differential Payment”)
By way of example, the current PFFP Transportation fee for a single -family unit is
$12,740 per unit. If the Updated PFFP Fees result s in an increase in $4,445 per single
family residence and if CITY is unable to impose the 2018 Updated PFFP Fees on
either the Taylor or West Creek projects due to vested rights, then DEVELOPER would
owe CITY $4,445 per residential unit that is constructed in such developments in order
to offset the amount the CITY credited DEVELOPER via the PFFP Fee Credit. If
DEVELOPER does not timely pay such amounts to the CITY upon written demand,
DEVELOPER agrees that the CITY can add a pro-rata share of such amount to each
undeveloped lot within the Property.
5. Further Security. CITY and DEVELOPER acknowledge that the reimbursement
obligation set forth in Section 4 above is dependent on the timing of when construction
and building permits are issued for such projects and that, if construction of the Project
moves faster than the Taylor Project or the West Creek Project, an as applied challenge
to the 2018 Updated PFFP Fees may not be known until after all or a substantial amount
of building permits or certificates of occupancy have been issued for the Project. In
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Item 16
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1521860.1
order to account for this contingency, in the event building permits are issued for one-
hundred fifty (150) residential lots on the Property and no building permits have been
issued for residential lots on either the Taylor Project or the West Creek Project, the
DEVELOPER shall provide CITY with a payment bond, in a form subject to the
approval of the City Attorney, for the estimated amount of the total Differential
Payment as estimated by CITY’s Engineer. The total amount of the bond for the
Differential Payment shall take into account if either the West Creek Project or the
Taylor Project have paid the 2018 Updated PFFP Fees. The bond may be reduced as
payments are made subject to the approval of the CITY Engineer, such approval shall
not be unreasonably withheld or delayed. Once the full amount of the Differential
Payment has been paid, the bond may be released in full.
Indemnity. DEVELOPER agrees to indemnify, defend (with counsel acceptable to CITY) and hold
CITY, its officials, agents, employees and contractors harmle ss from any expense (including
attorney’s fees), liability or claim, injury, damage or expense which may arise or is any way related
to a challenge of the 2018 PFFP Updated Fees to cover the Increased Costs, including,by the
owners of the Taylor Project or the West Creek Project. DEVELOPER shall not be liable for any
expense, liability or claim for death, injury, loss, damage or expense to persons or property which
may arise from the sole negligence or willful misconduct of CITY, officials, agents, employe es
and contractors. The CITY shall give DEVELOPER a written notice of any challenge by either
the owners of the Taylor Project or the West Creek Project to the increase in PFFP fees to cover
the Increased Costs within ten (10) calendar days of filing of a n action. CITY’s failure to notify
DEVELOPER of such challenge shall not affect or otherwise modify DEVELOPER’s obligations
under this Agreement. The City will not settle any challenge or litigation related to any challenge
without the consent of DEVELOPER, such consent shall not be unreasonable withheld or delayed.
6. Waiver and Release. DEVELOPER acknowledges and agrees that the payment/credit
arrangement set forth in this Agreement is a reasonable and equitable way to manage
the funding of construction and reimbursement of costs for the Transportation
Improvements in light of each project’s fair share responsibilities for infrastructure
within the OASP area, each project’s vesting status, timing of project approvals,
increases in construction costs, etc. As a result, DEVELOPER on itself behalf, or on
behalf of its successors and assigns hereby remises, releases and forever discharges
CITY from any and all claims, suits, causes of actions, charges, demands, and liability
whatsoever, including any inverse condemnation and Fifth (5th) Amendment takings
claims,1 related only to City’s imposition of conditions of approval on the Project that
require the construction of the Transportation Improvements.
1 DEVELOPER and CITY acknowledge that these causes of action relate to claims under the following line
of cases: Nollan v. Cal. Coastal Commission (1987) 483 U.S. 825, 834-35; Dolan v. City of Tigard (1994)
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7. Entire Agreement/Amendment. This Agreement represents the entire integrated
agreement between the CITY and DEVELOPER regarding the granting of the PFFP
Fee Credit for the Increased Costs. This Agreement may be amended only by a written
instrument signed by both CITY and DEVELOPER.
8. Governing Law and Venue. The interpretation and implementation of this Agreement
shall be governed by the law of California, except for those provisions preempted by
federal law. However, the laws of the State of California shall not be applied to the
extent that they would require or allow the court to use the laws of another state or
jurisdiction. The parties agree that all actions or proceeding arising in connection with
the Agreement shall be tried and litigated only in the County of San Luis Obis po or the
United States District Court for the Central District of California.
9. Severability. Invalidation of any provision contained herein or the application thereof
to any person or entity by judgment or court order shall in no way affect any of the
other covenants, conditions, restrictions, or provisions hereof, or the application thereof
to any other person or entity, and the same shall remain in full force and effect.
10. Counterparts. This Agreement may be executed in two (2) or more counterparts, each
of which shall be deemed an original and all of which together shall constitute one and
the same instrument.
11. Notices. All notices, demands, invoices, or written communications to the parties
required or permitted hereunder shall be in writing and delivered personally or by U.S.
mail, postage prepaid, to the following addresses or such other address as the parties
may designate in accordance with this section:
CITY Director Public Works
919 Palm Street
San Luis Obispo, CA 93401
512 U.S. 374, 391; Associated Home Builders, Inc. v. City of Walnut Creek (1971) 4 Cal.3d 633, 644; Ayres
v. City Council (1949) 34 Cal. 2d 31, 42.); v. Culver City (1996)
12 Cal.4th 854, 864
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With a copy to: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
DEVELOPER Righetti Ranch, L.P.
979 Osos Street, Suite E
San Luis Obispo, CA 93401
Attn: Travis Fuentez
Phone: (805) 573-0401
Ambient Communities
179 Calle Magdalena, Suite 201
Encinitas, CA 92024
Attn: Rob Anselmo
Phone: (619) 890-2349
12. Interpretation/Ambiguity. This Agreement negotiated by the Parties, with the advice
and assistance of their respective counsel, and shall not be construed in favor of or
against either Party, regardless of who may have drafted it or any of its terms. Any
rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not be applied in interpreting this Agreement.
13. Attorney’s Fees. In the event that any suit or action is instituted under or in relation to
this Agreement, including without limitation to enforce any provision in this
Agreement, the prevailing party in such dispute shall be entitled to recover from the
losing party all fees, costs and expenses of enforcing any right of such prevailing party
under or with respect to this Agreement, including without limitation, such reasonable
fees and expenses of attorneys and accountants, which shall include, without limitation,
all fees, costs and expenses of appeals.
14. Assignment. DEVELOPER shall not assign, transfer or convey any of its rights, duties
or obligations under this Agreement without the prior written approval of CITY;
provided however, that the DEVELOPER shall be able to assign any credits issued
against the PFFP fees to any buyer of lots in the OASP area. CITY shall not
unreasonably withhold approval of any assignment. Any other assignment shall be null
and void.
15. Authority to Execute. Both CITY and DEVELOPER 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.
16. Counterparts. The parties agree that this Agreement may be executed in two or more
counterparts, each of which shall constitute and original and binding copy of this
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1521860.1
Agreement, albeit one and the same instrument. Executed photocopies of this
Agreement shall be as bind ing as the original.
17. Recordation; Covenants Run with the Land. DEVELOPER and CITY acknowledge
and agree that upon full execution of this Agreement, it shall be recorded in the Official
Records of the County of San Luis Obispo. All of the covenants, terms, provisions and
conditions in this Agreement shall run with the Property and shall apply to, and bind
the successors and assigns of, the DEVELOPER.
18. DEVELOPER and CITY acknowledge that in executing this Agreement, they have
carefully reviewed and had the o pportunity to review the terms, with counsel of their
choice and are fully aware of the extent of their rights and obligations under this
Agreement.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date written
above.
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
_____________________________
Heidi Harmon, Mayor
ATTEST:
______________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
________________________________
J. Christine Dietrick, City Attorney
DEVELOPER
Righetti Ranch, LP
A Delaware Limited partnership
By: NRE Manager, LLC,
a Delaware limited liability company
Its: General Partner
By: Ambient Righetti Manager, LLC,
A California limited liability company
Its: Sole member
By: ____________________________
Travis Fuentez, President
By: ____________________________
Dante Anselmo, Vice-President
All signatures must be notarized.
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EXHIBIT A
Include legal descriptions of all the tracts listed in the first recital
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Item 16
Meeting Date: 10/16/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Nickole Sutter, Human Resources Analyst II
SUBJECT: ADJUSTMENTS TO THE COMPENSATION OF THE UNREPRESENTED
CONFIDENTIAL EMPLOYEES
RECOMMENDATION
Adopt a Resolution with a three-year term (July 1, 2018 through June 30, 2021) adjusting the
compensation of the Unrepresented Confidential Employees (Attachment A & B).
DISCUSSION
The City’s Unrepresented Confidential group includes four employees in the Human Resources,
Administration, and the Cit y Attorney’s Office. These employees are designated as
unrepresented in accordance with Government Code 3507.5 and Employer -Employee Resolution
6620 because they are privy to information that affects employee relations and labor
negotiations. The confide ntial employees’ compensation and benefits are established by
resolution adopted by Council that expired on June 30, 2018.
Confidential employees are unrepresented which means there are no formal negotiations, as there
are for other regular employees in similar classifications. The Confidential employees continue
to demonstrate sensitivity to the fiscal challenges facing the City and met once in September to
form a recommendation consistent with Council’s adopted Labor Relations Objectives (LROs)
(Attachment C) and the Fiscal Health Response Plan (FHRP). The FHRP, adopted by Council
April 17, 2018, outlines actions during the next three fiscal years (2018 -19 through 2020-21)
aimed at closing an approximate $8.9 million budget gap due to CalPERS discount rate reduction
resulting in increasing retirement costs to agencies. The FHRP anticipates employee concessions
(anticipated growth of employee wages and benefits at a rate less than inflation) equaling $1.9M
by fiscal year 2020-21. The City’s focus and primary interests included achieving a three-year
agreement that provides certainty around compensation costs during the FHRP term, increased
employee contributions to retirement costs, and maintaining competitive wages and benefits to
support recruitment and retention objectives. This successor resolution includes modest cost of
living increases (COLAs), partially offset by employees paying more towards retirement costs,
and is very similar to the unrepresented management resolution adopted by Council in July 2018.
Key Components of Unrepresented Confidential Resolution
The following is a summary of the key changes included in the Resolution:
1. Term of Resolution. July 1, 2018 to June 30, 2021
2. Cost of Living Adjustments. The COLAs are partially offset by employees paying more
towards PERS retirement and are in line with the FHRP and Council’s LROs.
• 2% COLA July 2019; Employee contribution to CalPERS increased by 1.5%.
• 2% COLA July 2020; Employee contribution to CalPERS increased by an additional 1.5%.
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3. CalPERS Retirement. As indicated in the table below, unrepresented confidential
employees will pay three percent (3%) more towards retirement costs. By July 2020,
confidential employees will be contributing between 56% and 74% of the total normal cost of
retirement (the amount needed to ensure current contributions fully fund future benefits),
exceeding the 50% requirement established for employees new to CalPERS by the Public
Employees’ Pension Reform Act (PEPRA).
4. Health Insurance Cost-Sharing. Maintain the current cost-sharing arrangement that
increases the City contribution by 50% of the average percent increase in CalPERS medical
premiums (For example, if the average increase in CalPERS medical premiums increases ten
percent, the City contribution would increase five percent, while employees absorb the
remainder of the increased cost).
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQ A Guidelines sec. 15278.
FISCAL IMPACT
The cumulative ongoing cost to the City, after all items are implemented for the successor
confidential resolution, is approximately $9,000 per year. The ongoing costs are modeled in the
ten-year forecast, are sust ainable under the FHRP, and are consistent with Council adopted
LROs.
ALTERNATIVE
Do not approve recommended changes to the resolution. Instead, adopt a resolution that
continues unrepresented confidential employee compensation without changes. This alternative
is not recommended as the resolution is in line with previous Council direction and is consistent
with the Fiscal Health Response Plan.
Attachments:
a - Confidential Resolution 2018
b - Exhibit A to Attachment A (Legislative Draft)
c - Labor Relations Objectives
Employee Contribution Levels to PE RS Retirement
(Percent of Salary)
Miscellaneous PERS Tier July 2018 July 2019 July 2020
Tier 1 (2.7% @ 55) 8% 9.5% 11%
Tier 2 (2% @ 60) 7% 8.5% 10%
Tier 3 (2% @ 62) 6.25% 7.75% 9.25%
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R ______
RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REGARDING COMPENSATION FOR THE
UNREPRESENTED CONFIDENTIAL EMPLOYEES AND SUPERSEDING
PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City has designated the following classifications as confidential employees
pursuant to the Government Code 3507.5 and Employer-Employee Resolution 6620: Administration
Executive Assistant, Human Resources Administrative Assistant I, II, III, Human Resources
Specialist , Legal Assistant, and Legal Assistant /Paralegal; and
WHEREAS, confidential employees are precluded from collective bargaining due to their
proximity to labor negotiations, and therefore are not governed by a collective bargaining agreement ;
and
WHEREAS, the unrepresented confidential employees have demonstrated sensitivity to
the fiscal challenges facing the City and agree to a shared approach including modest salary
increases partially offset by employees’ increased contributions towards retirement costs ; and
WHEREAS, the City Council is committed to providing competitive compensation as
provided in the City’s adopted Compensation Philosophy.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
hereby revises unrepresented confidential compensation as follows:
SECTION 1. The salaries of unrepresented confidential employees are hereby increased
by a 2% cost of living adjustment effective the fir st full pay period in July 2019 and July 2020,
respectively. Unrepresented confidential employees shall pay 3% more towards retirement costs
as specified in Exhibit “A” by July 2020.
SECTION 2. The City shall continue to provide employees certain fringe benefits as set
forth in Exhibit “A”, fully incorporated by reference.
SECTION 3. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
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Resolution No. _____ (2018 Series) Page 2
R ______
SECTION 4. This resolution shall be in effect from July 1, 2018 through June 30, 2021.
Upon motion of ___________________________, seconded by ________________________, and
on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 16th 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
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Exhibit “A”
Table of Contents
Section A Medical, Dental, Vision ................................................................................ 1
Section B Health Flex Allowance ................................................................................. 2
Section C Life and Disability Insurance ........................................................................ 3
Section D Retirement ................................................................................................... 3
Section E Vacation....................................................................................................... 5
Section F Administrative Leave ................................................................................... 6
Section G Holidays ..................................................................................................... 67
Section H Sick Leave ................................................................................................. 78
Section I Workers’ Compensation Leave ................................................................... 8
Section J Overtime ................................................................................................... 89
Section K Work Out-of-Classification ....................................................................... 910
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Section A Medical, Dental, Vision
The City shall establish and maintain medical, dental and vision insurance plans for
confidential employees and their dependents. The City reserves the right to choose the
method of insuring and plans to be offered.
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Progr am. The City shall
contribute an equal amount towards the cost of medical coverage under the Public
Employee’s Medical and Hospital Care Act (PEMHCA) for both active employees and
retirees. The City’s contribution toward coverage under PEMHCA shall be th e statutory
minimum contribution amount established by CalPERS on an annual basis. The City's
contribution will come out of that amount the City currently contributes to employees as
part of the City’s Cafeteria Plan. The cost of the City's participation in PERS will not
require the City to expend additional funds toward health insurance. In summary, this
cost and any increases will be borne by the employees.
Health Insurance Benefits for Domestic Partners
The City has adopted a resolution electing to p rovide health insurance benefits to
domestic partners (Section 22873 of the PEMHCA).
Conditional Opt Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential co verage for
themselves and their qualified dependents (tax family) that is not a qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family).
The monthly conditional opt-out amount is $200.
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees receiving the conditional opt-out amount will also be assessed $16.00 per
month to be placed in the Retiree Health Insurance Account. This account will be used
to fund the City's contribution toward retiree premiums and the City's costs for the Public
Employee's Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
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Dental and Vision Insurance/Dependent Coverage
Effective March 23, 2017, eEmployee participation in the City's dental and vision plans is
optional. Employees who elect coverage shall pay the dental and/or eye premium by
payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
Section B Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”), and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre -tax basis through the
City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall not receive any unused health flex in the form of cash
or purchase additional benefits under the Cafeteria Plan.
The monthly health flex allowance amounts for regular, full -time employees are:
Level of Coverage 2018 Monthly
Health Flex
Allowance
Rates
2019 Monthly
Health Flex
Allowance
Rates
Employee Only $539 $550
Employee Plus One $1,066 $1,088
Family $1,442 $1,472
Effective December 20187 (for the January 20198 premium), December 2019 (for the
January 2020 premium), and December 2020 (for the January 2021 premium), the City’s
total health flex allowance for group medical coverage was will be modified by an amount
equal to one-half of the average percentage increasechange for family coverage in the
PERS health plans available in San Luis Obispo County. For example: if three plans
were available and the year -to-year changes were +10%, +2015%, and -6+20%
respectively, the City’s contribution would be increased by 47.5% (10% + 2015% + -620%
÷ 3 = 815% x 1/2).
Less than full-time employees shall receive a prorated share of the City’s contribution.
The City agrees to continue its contribution to the health flex allowance for two (2) pay
periods in the event that an employee has exhausted all paid time off and leave approved
under the federal Family and Medical Leave Act (FMLA) and the California Family Rights
Act (CFRA) due to an employee's catastrophic illness. That is, the employee shall receive
regular City health flex allowance for the first two (2) pay periods following the pay period in
which the employee’s accrued leave balances reach zero (0) and FMLA/CFRA benefits
have been exhausted.
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Section C Life and Disability Insurance
The City shall provide the following special insurance benefits:
1. Long-term disability insurance providing 66 2/3% of gross salary (maximum
benefit $5,000 per month) to age 65 for any sickness or accident, subject to the
exclusions in the long-term disability policy, after a 30-day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee, the City
provides $25,000 term life insurance, including $29,000 for accidental death
and dismemberment through the City’s Cafeteria Plan.
Section D Retirement
A. PERS Contracts
1. “Classic Members First Tier” eEmployees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System’s (PERS)
2.7% at age 55 plan to all eligible employees. The 2.7% at 55 plan includes the
following amendments: 1959 Survivor’s Benefit – Level Four, conversion of unused
sick leave to additional retirement credit, one -year final compensation, Military
Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. including
the amendments permitting conversion o f unused sick leave to additional
retirement credit, the 1959 Survivor's Benefit – Level Four, one-year final
compensation, the Military Service Credit option, and the Pre -Retirement Option 2
Death Benefit.
Employees covered by the 2.7% at 55 plan will pay the full eight percent member
contribution to PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis
1.2. “Classic Members Second Tier” employees hired on or after December 6,
2012.
For “Classic Members” hired on or after December 6, 2012, tThe City will agrees
to provide the PERS 2% at 60 retirement plan using the highest three-year average
as final compensation. The second -tier formula will include the following
amendments: conversion of unused sick leave to additional retirement credit, the
1959 Survivor's Benefit – Level Four, the Military Service Credit option, and the
Pre-Retirement Option Settlement 2 Death Benefit. Employees hired under this
plan will pay the full member contribution required under the plan, presently seven
percent (7%). CalPERS determines who is a “classic member” within the meaning
of the California Public Employees’ Pension Reform Act (PEPRA).
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The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis.
2.3. “New Members Third Tier” employees hired after January 1, 2013.
For all employees who Cal PERS determines are “Nnew Mmembers” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA)., Tthe
City will provide the PERS 2% at 62 retirement plan using the highest three-year
average as final compensation.
A. Effective upon their date of hire, new membe rs will pay 50% of the total normal cost
of the member contribution, as determined by CalPERS.
B. The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective June 2012, confidential employees began paying the full member
contribution required under the plan for first and second tier employees (8%
and 7% respectively) and the City discontinued their payment of the member
contribution. For purposes of this Section, employee contributions are based
on salary and special compensation as defined by PERS.
Effective the first full pay period in July 2019, all employees shall contribute
1.5% in addition to the employee contribution defined in the paragraph above.
Effective the first full pay period in July 2020, all employees’ additional
contribution shall increase to 3%, in addition to the employee contribution
defined in the paragraph above. These additional contributions are in
accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal cost,
as determined by PERS.
Effective the first full pay period in July 2019, all new members shall contribute
1.5% in addition to the employee paying 50% of the normal cost. Effective the
first full pay period in July 2020, all new members contribution shall increase to
3%, in addition to the employee paying 50% of the normal cost. These
additional contributions are in accordance to the provisions of AB 340,
§7522.30 and §20516.
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All of the employee contributions are made on a pre -tax basis as allowed under
Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be considered
contributions to the employees account. PERS currently requires a secret ballot
election among the employees affected to change the employees’ rate of contribution.
The contract cannot be amended if a majority of the affected members vote to
disapprove the proposed plan. In the event a secret ballot is required by State Law
and the unrepresented confidential group does not vote to approve the contract
amendment, the additional contributions will still be required in accordance to the
provisions of §20516(f). In this case the additional contributions would not be credited
to the employee’s PERS account as a normal contribution.
Section E Vacation
Vacation leave is governed by Section 2.36.440 of the Municipal Code, except that it may
be taken after the completion of the sixth calendar month of service since the benefit date
or earlier with department head or designee authorization. Each confidential employee
shall accrue vacation leave with the pay at the following rates:
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
*One day is equivalent to eight (8) hours for a 40 -hour per week line-item position
of 12 days (96 hours) per year of continuous service since the benefit date for the first
five years, 15 days (120 hours) per year upon completion of five years, 18 days (144
hours) per year upon completion of ten years, and 20 days (160 hours) upon compl etion
of twenty years. Vacation leave shall be accrued as earned semi -monthly provided that
not more than twice the annual rate (not including floating holiday leave) may be carried
over to a new calendar year. Effective, April 2019, confidential employees vacation time
shall not exceed twice the annual rate. If an employee reaches the cap at any time
throughout the year, the employee will stop accruing vacation leave.
Vacation schedules for confidential employees shall be based upon the needs of the City
and then, insofar as possible, upon the wishes of the employee. A department head may
not deny a confidential employee’s vacation request if such denial will result in the loss of
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vacation accrual by the employee, except that, a department head may approve a two -
month extension of maximum vacation accrual. However, in no event shall more than
one such extension be granted in any calendar year.
Confidential employees are eligible, once annually in December, to request payment for
up to 40 hours of unused vacation provided that an employee’s overall performance and
attendance practices are satisfactory. Payment for unused vacation leave is subject to
the availability of budgeted funds.
Section F Administrative Leave
Confidential employees shall be granted 12 hours of administrative leave onthe first full
pay period in January 1st of each year.
Administrative leave hours shall be pro -rated on a monthly basis when a confidential
employee is appointed or leaves employment during the calendar year. The employee’s
final check will be adjusted to reflect the pro -rated hours, however there is no provision
to receive cash payment for unused administrative hours. Un used administration leave
will not be carried over year to year but can be taken through the pay period that
December 31st falls withinof each year.
Section G Holidays
Confidential employees shall receive eleven (11) fixed plus two (2) floating hol idays per
year. The following days of each year are designated as paid holidays:
• January 1 – New Year’s Day
• Third Monday in January – Martin Luther King Jr. Birthday
• Third Monday in February – Presidents’ Day
• Last Monday in May – Memorial Day
• July 4 – Independence Day
• First Monday in September – Labor Day
• November 11 – Veteran’s Day
• Fourth Thursday in November – Thanksgiving Day
• Friday after Thanksgiving
• December 25 – Christmas
• One half day before Christmas
• One half day before New Year’s Day
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be
defined as eight (8) hours of paid time off for regular full - time employees.
When Christmas or New Year’s Holiday falls on a Tuesday or Thursday, the City reserves
the right to close non-essential City services and offices on Monday or Friday (the day
adjacent to the observed holiday). Essential City services are determined at the
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discretion of the Department Head. Employees scheduled to work in non -essential
functions on the days adjacent to the paid holidays would be required to use appropriate
personal leave or take the days as non-pay. The City would notify employees of closure
of non-essential City services and offices no later than October 31st of the same year in
order to provide employees with ample time to plan accordingly.
The two (2) floating holidays shall be accrued on a semi -monthly basis and added to the
vacation accrual.
Effective January 2019, the two floating holidays (16 hours) will be provided in a floating
holiday leave bank on January 1st rather than being accrued on a semi -monthly basis.
Employees will have the ability to use floating holiday leave hours at any point during the
calendar year. Unused floating holiday leave will not be carried over year to year but can
be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share of the floating holiday, the value of the overage will be deducted from the
employee's final paycheck. In addition, there is no provision to receive cash payment for
unused floating holiday leave.
Section H Sick Leave
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee shall
accrue sick leave with pay at the rate of twelve (12) days or the prorated shif t equivalent
per year of continuous service since the benefit date. An employee may take up to 48
hours per calendar year of sick leave if required to be away from the job to personally
care for a member of his/her immediate family as defined in Section 2 .36.420, Labor Code
233 and/or Assembly Bill 1522. This may be extended to 56 hours if a household family
member is hospitalized and the employee submits written verification of such
hospitalization.
In conjunction with existing leave benefits, confide ntial employees with one year of City
service who have worked at least 1,250 hours in the previous year may be eligible for up
to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical
Leave Act and the California Family Rights Act (CFRA). In the event an employee is
caring for a family member and is covered under FMLA/CFRA, they will be able to use all
accrued sick leave to care for a family member.
Sick leave may be used to be absent from duty due to the death of a member of the
employee’s immediate family as defined in Section 2.36.420, provided such leave shall
not exceed forty working hours for each incident. The employee may be required to
submit proof of relative’s death before being granted sick leave pay. False infor mation
concerning the death or relationship shall be cause for discharge.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
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EXHIBIT “A”
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convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or 3) a combination of these two options.
According to the following schedule, a percentage of the dollar value of the employee’s
accumulated sick leave may be paid to the employee if the employee requests upon
termination by retirement, and will be paid to the designated beneficiary or beneficiaries
upon termination by death of the employee:
(A) Death – 25%
(B) Retirement and actual commencement of PE RS benefits:
(1) After ten years of continuous employment – 10%
(2) After twenty years of continuous employment – 15%
(3) After twenty-five years of continuous employment – 20%
(4) After thirty years of continuous employment – 25%
Section I Workers’ Compensation Leave
An employee who is absent from duty because of an on-the-job injury in accordance with
State workers’ compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his/her base salary and the
amount provided by workers’ compensation law during the first ninety (90) business days
of such temporary disability absence. Eligibility for workers’ compensation leave requires
an open workers’ compensation claim.
Section J Overtime
DefinitionCity Overtime Definition
Overtime is defined as all hours preauthorized by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of overtime. All
overtime shall be authorized by the department head or designee prior to being
compensated.
FLSA/Statutory Overtime
For the purpose of complying with FLSA overtime requirements under 29 USC section
207(a), the City has adopted a dual calculation method whereby it calc ulates FLSA
overtime based on all hours actually worked by overtime eligible employees in excess of
40 hours in the seven-day work period. To the extent the City’s dual calculation method
determines that FLSA overtime owed for the seven -day work period exceeds the amount
of City overtime paid for the same seven-day work period, the difference will be paid to
the employee by way of an “FLSA Adjustment” in the following City pay period.
Compensation
All overtime as defined in this Section shall be paid in cash at one and one half (1 1/2)
the employee's base rate of pay. All overtime shall be compensated to the nearest five
(5) minutes worked.
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EXHIBIT “A”
Page 9
Separate and apart from the City's contractual obligation to pay overtime in accordance
with this Section, the City is obligated to calculate and pay, at a minimum, FLSA overtime
based on the federally defined regular rate of pay. This calculation will be administered
in accordance with the FLSA/Statutory Overtime ’ section above.
Compensatory Time Off (CTO)
A confidential employee eligible for overtime compensation as defined in this Section may
elect compensation in the form of time of f (CTO). An employee may not be compensated
in CTO for more than sixty (60) hours of overtime worked in the calendar year.
Accumulated CTO may be taken through December 31st of each calendar year.
Accumulated CTO not taken by midnight December 31st shal l be compensated in cash
at straight time. Such compensation shall be paid in January of the following year.
Work Week for Calculation of Overtime
For all confidential employees working a regular 5/40 work schedule or a 4/10 alternative
work schedule, the work week for the purpose of calculating overtime as defined in this
Section shall be seven consecutive days, beginning at 12:00 am Thursday and ending at
11:59 pm Wednesday.
For all confidential employees working a 9/80 alternative work schedule, the w ork week
for the purpose of calculating overtime as defined in this Section shall be seven
consecutive days, beginning exactly four hours into their eight -hour shift on the day of the
week which constitutes their alternative regular day off.
Section K Work Out-of-Classification
An out-of-class assignment is the full -time performance of all the significant duties of an
available, funded position in one classification by an individual in a position of another
classification. An employee assigned in writing b y management to work out-of-class in a
position that is assigned a higher pay range which is vacant pending an examination or
is vacant due to an extended sick or disability leave, shall receive no less than five percent
(5%), but in no case more than the top salary of the higher range, in addition to their
regular base rate commencing on the eleventh consecutive workday of the out -of-class
assignment.
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Labor Relations Objectives
Adopted by Council September 23, 2014
Revised by Council March 20, 2018
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on -going revenues. (Theme –
Fiscal Responsibility)
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability
trend and other actions consistent with State law. (Theme – Cost
Containment/Reduction)
3. Continue to effectively manage escalating health benefit costs through balanced
cost sharing and other means while maintaining comprehensive health care
coverage for all eligible employees. (Theme – Cost Containment)
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy, including relevant local, statewide or national labor
markets. (Theme – Recruitment and Retention)
5. Employee labor agreements will be negotiated in good faith, in a timely manner
that avoids retroactivity provisions unless there is a compelling need. (Theme –
Cost Containment)
6. Contract provisions shall take into consideration the City’s ability to effectively
and efficiently implement and administer them using the City’s financial and
human resources systems to ensure accuracy and compliance with federal,
state, and local laws. (Theme – Best Practices and Compliance)
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Item 17
Meeting Date: 10/16/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Nickole Sutter, Human Resources Analyst II
SUBJECT: SUCCESSOR MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’
ASSOCIATION
RECOMMENDATION
1. Adopt a Resolution (Attachment A) ratifying the successor Memorandum of Agreement
(MOA) (Attachment B, Exhibit A) between the City of San Luis Obispo and the San Luis
Obispo Police Officers’ Association (POA) with a three-year term (July 1, 2018 through June
30, 2021) that includes:
a. Modest cost of living increases partially offset by increased employee contributions to
retirement costs; and
b. Dismissal of a pending grievance regarding holiday pay; and,
c. Resolution of a potential Federal Labor Standards Act (FLSA) dispute regarding
inclusion of cash in lieu of City contribution to health insurance in the calculation of
FLSA overtime, with new contract language providing for the dual calculation of contract
and FLSA overtime.
2. Adopt a Regular and Supplemental Salary Schedule effective October 16, 2018 as required
by California Public Employees Retirement System (CalPERS) (Attachment C & D).
DISCUSSION
Background
The POA represents 64 members; 45 sworn Police Officers and 19 non-sworn personnel
including Commu nications Technicians (emergency dispatchers), Police Records Clerks, a
Property and Evidence Clerk, Police Field Services Technician, and Evidence Technician. POA
timely notified the City of its intent to negotiate a successor MOA and POA and City
representatives met eight times over five months to reach the proposed agreement.
POA expressed clear priorities that included reasonable cost of living increases and other minor
modifications to various components of compensation to assist in attracting and r etaining well
qualified employees, given the ongoing recruitment and retention challenges in the Police
Department . There is no doubt the City has challenges attracting and retaining Police Officers
and Communications Technicians that make up most of this bargaining unit. In the past five
years, turnover for these two classifications has increased to 20%, twice the City-wide average.
This challenge is not peculiar to the City but is shared by most agencies in California and
throughout the Country.
While recognizing the recruitment and retention challenges, the City also expressed to the POA
representatives, objectives outlined in the Council -adopted Fiscal Health Response Plan (FHRP)
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that outlines actions during the next three fiscal years (2018 -19 through 2020-21) aimed at
closing an approximate $8.9 million budget gap due to CalPERS discount rate reductions
resulting in increasing retirement costs to agencies. The FHRP anticipates employee concessions
(anticipated growth of employee wages and benefit s at a rate less than inflation) equaling $1.9M
by fiscal year 2020-21. Therefore, the City’s focus and primary interests included achieving a
three-year agreement that provides certainty around compensation costs during the FHRP term,
increased employee contributions to retirement costs, and maintaining competitive wages and
benefits to support recruitment and retention objectives. Increasing employee contributions to
retirement for this group, is significant given that it already contributes 50% of the normal cost
of retirement and three percent more than the Member contribution.
Negotiation sessions with this group were cooperative and focused on key objectives that also
included resolution of potential disputes over a modification to the payment of holiday pay
necessary to meet CalPERS requirements and the conclusion of the City’s internal review of
FLSA compliance following the 2016 Flores v. City of San Gabriel case. Both issues were
discussed in detail with POA representatives including a detailed analysis of potential FLSA
liability by the City due to the required inclusion of cash-in-lieu of City contribution to health
insurance in the calculation of Federal overtime. The City implemented a “dual-calculation” of
overtime on July 5, 2018 that offsets any FLSA overtime with the contractually required
overtime payments. In the event an employee is owed more under the FLSA overtime calculation
than the contractual overtime calculation, an adjustment is made.
Key Components of the Successor MOA
The following is a summary of the key changes included in the successor POA MOA:
1. Term of the Agreement. July 1, 2018 to June 30, 2021
2. Cost of Living Adjustments. The COLAs are partially offset by PERS retirement cost -
sharing and are in line with the FHRP and Council’s Labor Relation Objectives (LROs).
• 2% COLA July 2019 All Sworn and Non-Sworn Classifications
• 2% COLA July 2020 All Sworn and Non-Sworn Classifications
3. Equity Adjustments. The City, along with most cities in the State and nationally, are
having difficulty attracting and retaining well-qualified Police Officers. The recruiting
challenges are in part due to fewer people entering the field of policing, complicated by
the lower second tier retirement formula (2% @ 50) implemented by the City in 2012,
higher cost of living on the Central Coast, and trailing spouse issues. In addition, the
City has experienced increased turnover in the Communication Technician (emergency
dispatcher) classification. With that in mind, equity adjustments were authorized for these
classifications to keep them close to market median through the term of the MOA.
• 1% Equity July 2019 Police Officer and Communication Technician
Classifications Only
• 1% Equity July 2020 Police Officer and Communication Technician
Classifications Only
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4. CalPERS Retirement Cost-Sharing. By the third year of the contract, all POA members
will pay three percent (3%) more towards their retirement. Currently, Tier 1 and 2 sworn
POA sworn members pay 12% and Tier 3 sworn personnel pay 12.75 % of their salary
and special compensation to retirement. In July 2020, the contribution rates for sworn
personnel will increase to 15% and 15.75% as shown in the table below. Non-sworn
personnel currently contribute 11% and 6.25% depending on retirement tier. Non-sworn
employee contributions will increase to 14% and 9.25%. The ongoing increase of the
employee contribution to retirement is in line with the City’s FHRP and Council’s LROs.
5. Health Insurance Cost-Sharing. During the duration of the contract, the C ity
contribution to health insurance will increase two times instead of annually; once in
December 2018 for the January 2019 premium and again in December 2020 for the
January 2021 premium. The increase will be calculated using a cost-sharing arrangement
that increases the City contribution by 50% of the average percent increase in CalPERS
medical premiums. For example, if the average increase in CalPERS medical premiums
increases eight percent, the City contribution would increase four percent, while
employees absorb the remainder of the increased cost. This balanced cost sharing model
meets Council’s LROs.
6. Lump-Sum Payments. The following lump-sum, taxable payments are intended to assist
in retaining employees during the term of this agreement and rep resent settlement of a
potential grievance regarding payment of holiday pay and a potential FLSA dispute over
the inclusion of cash back from the City health contribution in the calculation of FLSA
overtime. Lump-sum payments will be made to members emplo yed by the City on the
effective date of the payments as listed below.
• Upon Council Adoption $1,500 All Classifications
• June 2019 $1,500 All Classifications
• July 2019 $1,500 Classifications in Evidence,
Field Services, and Records only
• December 2019 $1,500 All Classifications
• July 2020 $1,500 Classifications in Evidence, Field
Services, and Records only
• December 2020 $1,500 All Classifications
7. Other minor modifications. Other minor modifications resulting in no or low cost were
agreed to, primarily related to adding clarifying language to the MOA regarding use of
Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Safety PERS Tier July 2018 July 2019 July 2020
Tier 1 (3% @ 50) 12% 13.5% 15%
Tier 2 (2% @ 50) 12% 13.5% 15%
Tier 3 (2.7% @ 57) 12.75% 14.25% 15.75%
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union time bank, payment of uniform allowance, updating of per diem amounts when
traveling for training, and clarifying that employees who opt in to City medical plans do
not receive cash back.
Benefits of the MOA Provisions
1. A three-year term for the successor MOA avoids additional negotiations during the FHRP
term.
2. Modest cost of living increases, partially offset by increased employee contributions to
retirement costs, and targeted equity adjustments helps maintain competitive salaries
while keeping the overall increase in total compensation under anticipated inflation rates.
3. One-time payments at intervals throughout the labor agreement, represent a finite
incentive to retain experienced employees, settles two potential disputes (holiday pay and
FLSA overtime payments) while not increasing ongoing compensation on which long -
term retirement obligations are based.
4. Confirms the dual calculation of overtime methodology that limits overtime liability by
using contract overtime to offset strict FLSA overtime liability.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constit ute a “Project” under CEQA Guidelines sec. 15278.
FISCAL IMPACT
The one-time cost totals approximately $402,000 during the three-year term. The one-time
monies were identified in the 17-18 Financial Plan and have been encumbered for use in later
fiscal years. The cumulative ongoing cost to the City, after all items are implemented for the
successor POA MOA, is approximately $303,000. The ongoing costs are modeled in the ten-
year forecast, are sustainable under the FHRP, and are consistent with Council a dopted Labor
Relation Objectives.
ALTERNATIVE
Do not approve recommended changes to the resolution and MOA. Instead, direct staff to return
to the bargaining with the POA. This alternative is not recommended as the resolution and MOA
are consistent wit h previous Council direction and with the Fiscal Health Response Plan.
Attachments:
a - POA Resolution 2018
b - Exhibit A to Attachment A, POA MOA (Legislative Draft)
c - Regular and Contract Employee Salary Schedule
d - Supplemental Employee Salary Schedule
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R ______
RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS’
ASSOCIATION FOR THE PERIOD OF JULY 1, 2018 TO JUNE 30, 2021
WHEREAS, the San Luis Obispo Police Officers’ Association (POA) is committed to
providing high quality service to the community and recognizes the City’s commitment to fiscal
responsibility in alignment with the City’s Fiscal Health Response Plan; and
WHEREAS, the POA has agreed to a shared approach including modest salary increases in
exchange for employees paying more towards retirement costs; and
WHEREAS, the City of San Luis Obispo has experienced c hallenges recruiting and
retaining Police Officers and Communications Technicians; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compe nsation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the POA, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby adopted
and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes.
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Resolution No. _____ (2018 Series) Page 2
R ______
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to: Chris Chitty, President of the San Luis Obispo Police
Officers’ Association, and Monica Irons, Director of Human Resources.
Upon motion of ___________________________, seconded by ________________________, and
on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 16th 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 16th day of October, 2018.
____________________________________
Teresa Purrington
City Clerk
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Exhibit “A”
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Exhibit “A”
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Table of Contents
ARTICLE 1 - PREAMBLE ...........................................................................................................1
ARTICLE 2 - RECOGNITION ......................................................................................................2
ARTICLE 3 - CHECK OFF/DUES DEDUCTION .........................................................................3
ARTICLE 4 - EMPLOYEE RIGHTS .............................................................................................4
ARTICLE 5 - MANAGEMENT RIGHTS .......................................................................................5
ARTICLE 6 - REPRESENTATIVE ROLE ....................................................................................6
ARTICLE 7 - SALARY .................................................................................................................8
ARTICLE 8 - MASTER POLICE OFFICER PROGRAM ............................................................11
ARTICLE 9 - TRAINING OFFICER INCENTIVE .......................................................................14
ARTICLE 10 - BILINGUAL PAY ................................................................................................15
ARTICLE 11 - OVERTIME - SWORN .......................................................................................16
ARTICLE 12 - OVERTIME - NON-SWORN ..............................................................................22
ARTICLE 13 - WORK OUT-OF-GRADE ...................................................................................26
ARTICLE 14 STANDBY SWORN & NON-SWORN ...................................................................27
ARTICLE 15 - EDUCATION INCENTIVE ..................................................................................28
ARTICLE 16 - UNIFORM ALLOWANCE ...................................................................................30
ARTICLE 17 - HEALTH CARE INSURANCE ............................................................................31
ARTICLE 18 - RETIREMENT ....................................................................................................41
ARTICLE 19 - SENIORITY........................................................................................................45
ARTICLE 20 - HOLIDAYS .........................................................................................................46
ARTICLE 21 - VACATION.........................................................................................................48
ARTICLE 22 - SICK LEAVE ......................................................................................................51
ARTICLE 23 - FAMILY LEAVE .................................................................................................52
ARTICLE 24 - BEREAVEMENT LEAVE....................................................................................55
ARTICLE 25 - CATASTROPHIC LEAVE ...................................................................................56
ARTICLE 26 - WORKERS' COMPENSATION LEAVE ..............................................................58
ARTICLE 27 - JURY DUTY AND MILITARY LEAVES ..............................................................59
ARTICLE 28 - GENERAL PROVISIONS ...................................................................................60
ARTICLE 29 - RESIDENCY REQUIREMENTS .........................................................................61
ARTICLE 30 - PROMOTIONAL POLICY ...................................................................................62
ARTICLE 31 - PERFORMANCE EVALUATIONS .....................................................................66
ARTICLE 32 - GRIEVANCE PROCEDURE ..............................................................................69
ARTICLE 33 - LAYOFFS ..........................................................................................................72
ARTICLE 34 - WORK ACTIONS ...............................................................................................74
ARTICLE 35 - COMMUNICATION PROCESS ..........................................................................75
ARTICLE 36 - NOTICE TO THE ASSOCIATION ......................................................................76
ARTICLE 37 - EQUIPMENT ......................................................................................................77
ARTICLE 38 - TEMPORARY MODIFIED DUTY .......................................................................79
ARTICLE 39 - WORK SCHEDULES .........................................................................................80
ARTICLE 40 - SWAT ................................................................................................................88
ARTICLE 41 - TRAUMATIC INCIDENTS ..................................................................................89
ARTICLE 42 - NO DISCRIMINATION .......................................................................................90
ARTICLE 43 - STAFFING .........................................................................................................91
ARTICLE 44 - FULL AGREEMENT ...........................................................................................92
ARTICLE 45 - SAVINGS CLAUSE ............................................................................................93
ARTICLE 46 - RENEGOTIATIONS ...........................................................................................94
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Exhibit “A”
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ARTICLE 47 - TERM OF AGREEMENT ...................................................................................95
APPENDIX A - CLASSIFICATION ............................................................................................96
APPENDIX B - GRIEVANCE FORMS .......................................................................................97
APPENDIX C – SALARY RANGE LISTING ..............................................................................99
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Exhibit “A”
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ARTICLE 1 - PREAMBLE
1.1 This Agreement is effective the 1st 16th day of JanuaryOctober, 20162018, by
and between the City of San Luis Obispo, hereinafter referred to as City, and the
San Luis Obispo Police Officers' Association. The provisions of this Agreement
shall apply to all unit members employed on January 1, 2016October 16, 2018 or
thereafter.
1.2 The purpose of this Agreement is to promote the improvement of personnel
management and employer/employee relations, provide an equitable and
peaceful procedure for the resol ution of differences and establish rates of pay
and other terms and conditions of employment.
1.3 The City and the Police Officers' Association agree that all employees of the City
share in the important responsibility of providing superior service to the public
and that every job and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted
for any provision in Resolution No. 6620 (1989 Series) unless so stipulated to by
provision(s) contained herein and agreed to.
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ARTICLE 2 - RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the Police
Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of the Agreement.
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ARTICLE 3 - CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the
Association treasurer, which dues shall not include assessments.
3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's
Finance & Information Technology Director or designee and a notification of all
dues transactions shall be sent monthly to the Association President.
3.3 The Association shall hold the City harmless from any and all claims and will
indemnify it against any unusual costs in implementing these provisions.
3.4 The Association shall refund to the City any amount paid to the Association in
error, upon presentation of supporting evidence.
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ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including, but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employ ment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action ; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain the efficiency of
government operations; determine the methods, means and personnel by which
government operations are to be conducted; determine the conten t of the job
classifications; take all necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the technology for
performing its work.
The City’s exercise of its rights under this section is subject to applicable State law.
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ARTICLE 6 - REPRESENTATIVE ROLE
As established by Article 44 of this Agreement, in the event any new practice or subject
matter within the scope of representation arises during the term of this Agreement and
an action concerning that practice or subject matter is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon
request. In this event, as well as for renegotiations under Article 46 of this Agreement,
members of the Association may, by a reasonable method, select not more than five (5)
employee members to meet and confer with the Municipal Employee Relations Officer
and other management officials (after written certification of such selection is prov ided
by the Association). Such meet and confer sessions under both Article 44 and Article
46 of this Agreement shall be considered hours of work for the designated Association
representatives. The Association shall, whenever practicable, submit the name(s) of
each employee representative to the Municipal Employee Relations Officer at least two
working days in advance of such meetings.
Provided further:
(A) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the Police Chief or other
authorized City management official. That any such meeting is subject to
scheduling by City management consistent with operating needs and work
schedules. Nothing provided herein, however, shall limit or restr ict City
management from scheduling such meetings before or after regular duty
or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of
any carryover time) of vacation time, holiday time, and compensatory time
off to an Association "time bank" under the following guidelines:
During the first full pay period of July each calendar year, the POA
President shall determine the number of hours remaining in the
Association time bank. That number shall be subtracted from the
maximum number of time bank hours of 250 hours. The difference
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between the actual number of hours and the 250 hour maximum will be
divided by the number of POA represented employees. Each represented
employee shall then contribute an equal number of lea ve hours to be
debited by the City to maintain the 250 hours time bank. Employees shall
have the option to designate vacation, holiday or CTO leave time.
1. Only Association officers or bargaining team members may draw from
the bank.
2. Requests to use time from the bank must be made reasonably in
advance of the use. Approval is subject to the operational necessity of
the department and normal time off approval processes.
2.3. Time bank hours can be used for POA operational needs including
but not limited to Association training, meetings and ancillary business.
The City agrees to meet and confer over an increase in donations to the association
leave bank if requested by the POA during the term of this MOA.
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ARTICLE 7 - SALARY
7.1 Rules Governing Step Increases
The following rules shall govern step increases for employees:
A. The first step is the minimum rate and shall normally be the hiring rate for
the class. In cases where it is difficult to secure qualified personnel, or if a
person of unusual qualifications is hired, the City Manager may authorize
hiring at any step.
B. The second step is an incentive adjustment to encourage an employee to
improve his/her work. An employee may be advanced to the second step
following twelve months satisfactory service upon recommendation by the
Police Chief and the approval of the Human Resources Director.
C. The third, fourth & fifth step represents the middle value of the salary
range and is the rate at which a fully -qualified, experienced and ordinarily
conscientious employee may expect to be paid after a reasonable period
of satisfactory service. An employee may be advanced to the third and
subsequent steps after completion of twelve months service at the prior
step, provided the advancement is recommended by the Police Chief and
approved by the Human Resources Director.
D. The sixth step is to be awarded only in case of work which is well above
average for the class. An employee may be advanced to the sixth step
after completion of one year of service at the fifth step, provided the
advancement is recommended by the Police Chief and approved by the
Human Resources Director.
E. The seventh and eighth steps are intended as a reward for performance
sustained above satisfactory. An employee may be advanced to the
seventh or eighth step after completion of one year at the prior step,
provided the advancement is recommended by the Police Chief and
approved by the Human Resources Director.
F. Progression to Master Police Officer, step 9, will occur when the employee
has satisfied the requirements in Article 8.4.
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G. The Police Chief shall be authorized to reevaluate employees who reach
top step in their pay range. An employee who is not performing up to
standard for the top step shall be notified in writing that the Police Chief
intends to reduce him/her one step unless job performance improves
significantly within a 60-day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the
pay reduction shall then become effective. The top step may be
reinstated at any time upon recommendation of the Police Chief. If the
Police Chief deems it necessary to again remove the top step during the
same fiscal year, he/she may make the change at any time with three
business days' advanced written notice.
H. The salary range for Police Officer consists of nine steps (1 through 9).
Steps 1 through 9 equal 95% of the next highest step, computed to the
nearest $1.00. The salary range for Communications Technician,
Evidence Technician, Field Services Technician, Property and Eviden ce
Clerk, Police Records Clerk and Police Cadet consists of seven steps (1
through 7). Steps 1 through 7 equal 95% of the next highest step,
computed to the nearest $1.00.
Each across-the-board % salary increase shall raise each step of the range by the %.
The top step of each successive salary range will be 2.63% above the top step of the
next lower range. After all steps of each salary range have been established, each shall
be rounded off to the nearest $1.00. Employees who are eligible for advanc ement to
top step must receive a "Meets Performance Standards" or better on the overall rating
on their most recent Performance Appraisal prior to or coincident with their being
eligible for advancement by time in grade.
Employees who are eligible for advancement to the top two steps must receive a "Meets
Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for advancement by
time in grade.
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7.2 Salary Increases for Term of Agreement
Salary increases will be effective on the first day of the first full pay period
following the dates listed below:
• July 2019 2% All Sworn and Non-Sworn Classifications
• July 2020 2% All Sworn and Non-Sworn Classifications
• January 1, 2016 2% Sworn and Non-Sworn Classifications
• January 1, 2017 2% Sworn and Non-Sworn Classifications
• January 1, 2018 2% Sworn and Non-Sworn Classifications
Recruitment and Retention Market Adjustment for Term of Agreement:
Due to the critical nature of the work performed and difficulty in attracting and
retaining qualified employees in these classifications, r ecruitment and retention
market increases will be effective on the first day of the first full pay period
following the dates listed below:
• July 2019 1% Communications Technicians and Police Officers
• July 2020 1% Communications Technicians and Police Officers
• July 2016 1.0% Sworn and Non-Sworn Classifications
• July 2017 1.0% Sworn and Non-Sworn Classifications
7.3 Lump-Sum Payments
The following lump-sum, taxable payments are provided to assist in retaining
employees during the term of this agreement and represent settlement of a
potential grievance regarding payment of holiday pay and a potential FLSA
dispute over the inclusion of cash in lieu of health contributions in the calculation
of overtime. These payments will be made to all members employed by the City
on the effective date of the payments that are to be effective on the first full pay
period following the dates listed below:
• $1,500 upon Council Adoption – All Classifications
• $1,500 June 2019 – All Classifications
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• $1,500 July 2019 – Evidence, Field Services, and Records Classifications
Only
• $1,500 December 2019 – All Classifications
• $1,500 July 2020 – Evidence, Field Services, and Records Classifications
Only
• $1,500 December 2020 – All Classifications
The salary ranges for the term of this agreement are listed in Appendix C .
ARTICLE 8 - MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
S.E.T5 4 years4
Traffic Officer5 3 4 years3
Investigator5 4 years
Narcotics Task Force Investigator 4 years
SRO 4 years4
Crime Scene Investigator 3 years
Defensive Tactics Instructor1 3 years
Hostage Negotiator1 3 years
Range Master 4 years2
Downtown Officer 3 years2
Swat Team Operator1 3 years
Bomb Technician1 3 years
CAT (Community Action Team) 4 years
Traffic Call Out1 3 years
1 Non-mandatory Rotational position.
2 Early opt out allowed after two years with full credit towards MPO status.
3 If grant funding is received for DUI enforcement then the assignment is two years and
is counted toward MPO credit.
4 Early opt out allowed after three years with full credit towards MPO status.
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5 At the discretion of the Police Chief, Administrative Captain, Investigations Lieutenant,
SET Sergeant, and following input from a member of the POA board of directors, one
position in SET, Investigator (Property), Investigator (Persons), and Traffic may be
extended two years. This extension can be reoccurring based on job performance and
management recommendation. An officer can choose to decline the extension at the
end of the completed rotation. At the discretion of the Police Chief, Administrative
Captain, Investigations Lieutenant, SET Sergeant, and following input from a member of
the POA board of directors, one position in SET, Investigator and Traffic may be
extended two years. This extension can be reoccurring based on job performance and
management recommendation. An officer can chose to decline the extension at the end
of the completed rotation.
8.2 To be eligible for compensation under this program, an employee must receive
and maintain at least a "Meets Performance Standards" rating on their
evaluation.
8.3 Compensation under this program shall in no case exceed one step on the salary
range.
8.4 Master Police Officer
Eligibility requirements for the position of Master Police Officer are as follows:
1. One full year at Step 8 of the salary range.
2. Must have obtained an advanced POST Certificate
3. Must have successfully completed two specialty assignments and two years
in a third specialty assignment. Assignments may be completed in any order.
Lateral Officers having completed two comparable specialty assignments at
their prior agency shall receive credit for a third specialty assignment. The
comparability of specialty assignments shall be determined by the Police
Chief in his/her discretion. The Chief may require an employee seeking credit
for prior agency specialty assignment credit to submit satisfactory proof of
successful performance in such assignments.
4. Reassignment, with a break in service, to the same assignment will be
credited as a third assignment. To be credited for the purposes of
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compensation, an officer shall be required to complete the terms of any
specialty assignment unless early departure for good cause is/was authorized
by the Chief of Police. Departure for any other reaso n will forfeit MPO
compensation at the time of departure.
5. The Department may, at any time, temporarily remove an employee from a
specialty assignment to meet operational needs. If the cumulative total time
of removal from the assignment prior to the emplo yee’s scheduled rotation
date exceeds 90 days, the employee shall have the option of extending the
rotation date by the total time of removal or accepting that amount of time as
credit towards completion of the specialty assignment.
6. Qualified Master Poli ce Officers will be permitted to wear a two -stripe insignia
(otherwise recognized as Corporal stripes) recognizing their status as
determined by Department uniform policy.
7. Compensation: Police Officer Step 9.
8. The employee is responsible for requesting adv ancement to Master Police
Officer. The Department will, once annually, remind employees to make such
requests. Retroactive payments will not be made if the employee fails to
make a timely request.
9. Once an officer achieves status of MPO s/he will be assig ned to attend the
Field Training Officer Class. Once an officer achieves status of MPO s/he will
be assigned to attend the Field Training Officer Class if they wish to be a
Field Training Officer.
At the discretion of the Police Chief he/she can select other officers to be a
Field Training Officer if there are not enough MPO’s willing to be Field
Training Officers to meet the department needs. The qualifications to be
selected by the Police Chief will be six years of law enforcement experience
with a minimum of three years working as a Police Officer with the San Luis
Obispo Police Department. The Police Chief has discretion to offer FTO to an
officer with less seniority if FTO spots are unable to be filled.
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ARTICLE 9 - FIELD TRAINING OFFICER INCENTIVE
9.1 When assigned a trainee by the Police Chief or designee, field Ttraining
Oofficers will receive $50 per day. Classifications that are eligible for this
incentive are Police Officers (Field Training Officers) and Communicatio ns
Technicians (Communications Training Officers).
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ARTICLE 10 - BILINGUAL PAY
10.1 Employees certified as bilingual in Spanish through a testing process
administered by the City Human Resources Department shall receive a bilingual
payment of $50 100 per pay period. Additional languages may be approved by
the City based upon demonstrated need. Regardless of certification, all
employees shall use any language skills they possess to the best of their ability.
Effective the first payroll in the month following adoption of this agreement by
City Council, bilingual payment shall be $100 per pay period.
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ARTICLE 11 - OVERTIME - SWORN
11.1 DEFINITION
A. Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick leave, IOD, and
compensatory time off shall be considered hours worked when computing
overtimCity or contract overtime is defined as all hours worked in excess of 160
hours worked in the employee's 2 8-day work period. Vacation, Holiday, Sick
Leave, IOD (Workers Compensation), and Compensatory Time Off (CTO) shall
be considered hours worked when computing overtime. All sworn employees
covered by this Agreement shall be eligible for overtime pay.
B. In accordance with section 207(k) of the Fair Labor Standards Act, the
City has declared a twenty-eight day work period for the purpose of calculating
FLSA overtime. The FLSA work period is deemed to commence at 12:01 AM on
the first day of the 28 day per iod and end at 11:59 PM on the 28th day of the 28
day work period and the FLSA overtime threshold for the work period is 171
hours. This declaration is separate and apart from the City’s contractual
overtime obligations set forth in section 10.1.A above. City/Contract Overtime
hours shall, at the employee's option, be compensated in cash at time and one
half the employee's regular rate of pay or in time off compensated at time and
one half. However, no employee shall accumulate and have current credit for
more than 100 hours of CTO.
C. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
overage (except when scheduled in conjunction with approved vacatio n during
the annual vacation sign-ups).
11.2 FLSA/STATUTORY OVERTIME
A. In accordance with section 207(k) of the Fair Labor Standards Act (FLSA), the
City has declared a twenty-eight-day work period for the purpose of calculating
FLSA overtime. The FLSA work period is deemed to commence at 12:01 AM on
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the first day of the 28-day period and end at 11:59 PM on the 28th day of the 28-
day work period and the FLSA overtime threshold for the work period is 171
hours. This declaration is separate and apart from the City’s contractual overtime
obligations set forth in section 11.1. above.
A.B. For the purpose of complying with FLSA overtime requirements, the City
has adopted a dual calculation method whereby it calculates FLSA overtime in
accordance with the requirements of FLSA regular rate requirements and more
specifically, 29 CFR section 778.109 and 778.110. This requires the payment of
FLSA overtime for all hours actually worked by non -exempt sworn personnel in
excess of 171 in the 28-day work period. To the extent the City’s dual
calculation method determines that FLSA overtime owed for the 28 -day work
period exceeds the amount of contract overtime paid for the same work period,
the difference will be paid to the employee by way of an “FLSA Adjustment” in
the following City pay period.
11.2 ELIGIBILITY
All sworn employees covered by this Agreement shal l be eligible for overtime
pay.
11.3 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at
time and one half the employee's regular rate of pay or in time off
compensated at time and one half. However, no employee shall a ccumulate
and have current credit for more than 100 hours of compensatory time off.
B. The Association and the City agree that CTO usage is subject to normal time
off approval processes and may be denied if it would result in the need for
overtime coverage (except when scheduled in conjunction with approved
vacation during the annual vacation sign-ups).
11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
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Whenever an employee is required by the department to return to work outside of
the employee's normal work hour s, if a minimum applies as found in this article,
then the employee has the choice of taking the minimum or taking the pay for the
work actually performed.
11.5 CALL BACK
Employees called back to work at hours not contiguous to their normally
scheduled shift shall be guaranteed a three-hour minimum payment at time and
one half. Unanticipated emergency call -backs (criminal investigations,
emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a
total 30 minutes for travel time.
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11.6 COURT TIME
A. Effective the first full pay period upon ratification, employees reporting for
court duty shall be guaranteed three hours minimum payment at time and
one-half.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lunch periods shall not be
compensable, to a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to
appear, s/he shall be eligible for the minimum payment in this Section.
11.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
11.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one
half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or
City required training course requiring overnight stay. Daily meal
reimbursement provided shall either be a flat $36 per day or the actual
amount spent as evidenced by receipts subject to the following maximum
amounts (unless increased by City Policy).
• Breakfast - $10.00 (regardless of whether or not a continental
breakfast is provided)
• Lunch - $15.00
• Commuter Lunch - $8.00
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• Dinner - $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or
City required training course requiring overnight stay. Daily meal
reimbursement provided shall be a flat $60 per day subject to the following
maximum amounts if not a full day (unless increased by City Policy).
• Breakfast – $15.00 (regardless of whether or not a continental breakfast is
provided)
• Lunch – $15.00
• Commuter Lunch* - $15.00
• Dinner – $30.00
• Mileage at the prescribed IRS mileage reimbursement rate.
*Commuter Lunch is defined as providing a lunch for trainings outside of the City
of SLO limits.
11.9 RANGE QUALIFICATION
A. Employees required to qualify with department approved firearms shall be
guaranteed three hours at time and one-half when participating in range
qualification training when off duty.
B. Each employee who shoots for qualification shall be provided 100 rounds of
practice handgun ammunition each month upon request. Employees may
only receive the current month’s handgun allocation. Employees must be
present to receive and sign for allotted ammunition. Employees that have
been placed on administrative leave, and/or 4850 th at extends beyond 90
days shall not receive an allotment of ammunition until return from such
leave. Allotments shall not accrue during the pendency of such leave and
shall not be owed to an employee for the pendency of such leave. An
employee on modified duty or 4850 less than 90 days may receive allotment
with a note from a physician.
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11.10 OVERTIME ASSIGNMENT
A. Prior to each shift rotation the Department creates an electronic calendar for
officers to indicate their interest in overtime. Planned overtime will be called
from this list in order of seniority. Employees may add and/or delete their
names from this list at any time and are not required to take overtime if they
are unavailable. Every effort will be made to limit overtime to no more than
12 consecutive hours for officers assigned to patrol due to safety concerns.
A.B. An officer may decline a non-emergency overtime shift if s/he has worked
an overtime shift of at least eight hours i n the last fourteen days. If no
volunteers are available from the list, the Watch Commander may then move
up to the next least senior officer on that shift for mandatory overtime.
B.C. If no officer is signed up on the overtime list, management may send a
notification to all qualified personnel regarding needed overtime which will be
assigned to the first officer responding to the notification.
11.11 CONTRACT OVERTIME REMEDY PROVISION
A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
City/Contract overtime as set forth in section 11.1 of this Agreement.
The parties further acknowledge and agree that the provisions of section 11.1
establish the full extent of the City’s contractual obligations to pay overtime for
services rendered within the course and scope of employment by members of
the bargaining unit and that to the extent individual claims for statutory
overtime under the FLSA are asserted by or on behalf of any member of this
bargaining unit during the term of this Agreement, such claims will not present
or support a claim for contract overtime under this Agreement.
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ARTICLE 12 - OVERTIME - NON-SWORN
12.1 DEFINITION
Overtime is defined as all hours worked in excess of 80 hours worked in a pay
period. Vacation, holidays, sick leave, IOD and compensatory time off shall be
considered hours worked when computing overtime.
City or contract overtime is defined as all hours worked in excess of 40 hours in
the seven-day work period. Vacation, holidays, sick leave, IOD and
compensatory time off shall be considered hour s worked when computing City
overtime. All non-sworn employees covered by this Agreement shall be eligible
for overtime pay.
12.2 FLSA/STATUTORY OVERTIME
The City has adopted a dual calculation method for the purpose of complying
with FLSA overtime requirements. In accordance with 29 USC Section 207 (a),
the City calculates FLSA overtime pursuant to 29 CFR sections 778.109 and
778.110. This requires the payment of FLSA overtime for all hours actually
worked by non-exempt personnel in excess of 40 hours in the seven -day work
period. To the extent the City’s dual calculation method determines that FLSA
overtime owed for the seven-day work period exceeds the amount of
City/contract overtime paid for the same seven -day work period, the difference
will be paid to the employee by way of an “FL SA Adjustment” in the following City
pay period.
12.32 ELIGIBILITY
All non-sworn employees covered by this Agreement shall be eligible for
overtime pay.
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12.3 COMPENSATION
Overtime shall, at the employee’s option, be compensated in cash at time and
one half the employee's regular rate of pay or in time off compensated at time
and one half. Maximum accrual of compensatory time shall be 240 hours for all
non-sworn classifications.
12.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of
the employee's normal work hours, if a minimum applies as found in this article,
then the employee has the choice of taking the minimum or taking the pay for th e
work actually performed.
12.5 CALL BACK
Employees called back to work at hours not contiguous to their normally
scheduled shift shall be guaranteed a three-hour minimum payment at time and
one half. Unanticipated emergency call -backs (criminal investigations,
emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a
total 30 minutes for travel time.
12.6 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one-half.
B. Employees required to work through the lunch break while on court duty shall
be credited with time worked. Duty free lunch periods shall not be
compensable, to a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shal l be
subject to a single minimum payment.
D. If a scheduled court appearance is canceled on the day the employee is to
appear, s/he shall be eligible for the minimum payment in this Section.
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D.E. Personnel placed on court standby shall be compensated a minimum of
three hours of straight time per calendar day when on court standby.
12.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for
such attendance. Payment shall be considered overtime and paid as such if the
hours fall within the definition of overtime.
12.8 TRAINING
A. Employees called back for training sessions, authorized by the Police Chief or
designee shall be guaranteed three-hour minimum payment at time and one-
half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or
City required training course requiring overnight stay. Daily meal
reimbursement provided shall either be a flat $36 per day or the actual
amount spent as evidenced by receipts subject to the following maximum
amounts (unless increased by City Policy).
• Breakfast - $10.00 (regardless of whether or not a continental
breakfast is provided)
• Lunch - $15.00
• Commuter Lunch - $8.00
• Dinner - $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or
City required training course requiring overnight stay. Daily meal
reimbursement provided shall be a flat $60 per day subject to the following
maximum amounts if not a full day (unless increased by City Policy).
• Breakfast – $15.00 (regardless of whether or not a continental breakfast is
provided)
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• Lunch – $15.00
• Commuter Lunch* - $15.00
• Dinner – $30.00
• Mileage at the prescribed IRS mileage reimbursement rate.
*Commuter Lunch is defined as providing a lunch for trainings outside of the City
of SLO limits.
12.9 OVERTIME ASSIGNMENT
A. The Department, prior to each shift rotation, will post an overtime interest list.
Planned overtime will be called from this last in order of seniority. Employees
may add and/or delete their names from this list at any time.
12.10 CONTRACT OVERTIME REMEDY PROVISION
A. The City and the Association (hereafter “parties”) acknowledge and agree that
they have met and conferred in good faith in accordance with Gov’t Code
section 3500 et. seq. concerning the definition, calculation and payment of
City/Contract overtime as set forth in section 12.1 of this Agreement. The
parties further acknowledge and agree that the provisions of section 12.1
establish the full extent of the City’s contractual obligations to pay overtime for
services rendered within the course and scope of empl oyment by members of
the bargaining unit and that to the extent individual claims for statutory
overtime under the FLSA are asserted by or on behalf of any member of this
bargaining unit during the term of this Agreement, such claims will not present
or support a claim for contract overtime under this Agreement.
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ARTICLE 13 - WORK OUT-OF-GRADE
Employees temporarily assigned to work in a higher classification shall receive one step
(5.26%) additional pay but in no case more than the top step for the highe r classification
under the following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive
work hours, in which case the step increase becomes effective on the first
workday.
B. The person being temporarily replaced is on extended sick or disability leave
or the position is vacant and an examination is pending.
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ARTICLE 14 STANDBY SWORN & NON-SWORN
14.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immed iately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to
be engaged." The parties further agree there is no intent to waive any individual
rights under FLSA. When an employee is engaged on the phone in excess of ten
minutes to discuss department business such time will be consi dered time
worked.
14.2 COMPENSATION
Hourly Standby
1) Personnel placed on standby shall be compensated one-hour's pay for each
five hours standby.
2) Such employees shall be paid a minimum of three hours straight time when
on standby. Each calendar day starts a new standby period.
Investigator/Bomb Technician Weekly Standby
A. Investigators/Bomb Technicians placed on standby shall be compensated
$30 per day Monday through Friday, and $35 per day for other days of
standby and holidays.
B. Standby shall be rotated among the assigned investigators. Normally, the
standby assignment shall be for a period of one week.
C. Effective the first payroll in the month following adoption of this agreement by
City Council, Investigators/Bomb Technicians placed on standby shal l be
compensated $45 per day Monday through Friday, and $65 per day for
weekends and holidays.
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ARTICLE 15 - EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for sworn and
non-sworn personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year
after employment with the City of San Luis Obispo, but credit will be given for
approved education obtained prior to that time. The basic benefit will consist
of an adjust ment equal to one-half step above the base salary for possession
of an Intermediate POST certificate, A.A. or equivalent degree from an
accredited community or junior college, or 60 or more semester units, or a
City-approved equivalent; an adjustment equal to one full step for an
Advanced POST certificate, B.A. or equivalent degree from an accredited
college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields
or include at least 30 semester, or City -approved equivalent, units of job
related coursework in the case of an A.A. degree and at least 60 semester, or
City-approved equivalent, units in the case of a B.A. Should an employee
qualify for the one-half step basic benefit by having completed 60 or more
semester units or City-approved equivalent, at least 30 of those units must be
in job related coursework. All qualifying coursework must be graded at "C" or
Pass or better. It is understood that gener al education courses required for a
degree are compensable under this section.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be
made by the employee to the Chief of Police at least 30 days before the date
the payment of the incentive pay is to be effective. Approval of the Chief of
Police and the Director of Human Resources shall be required.
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D. UNSATISFACTORY PERFORMANCE. To be eligible for compensation
under this program, an employee must receive and maintain at least a “Meets
Performance Standards” rating on their annual evaluation. The Chief of
Police, with the concurrence of the City Manager, may suspend payment of
the incentive pay or the top step of the salary range, but not both, until such
time as the employee's performance co mes up to the standard level, in the
opinion of the Chief of Police and in concurrence of the City Manager.
E. NON-APPLICABILITY. Educational incentives shall generally not be paid for
education on City time. However, if the City sends an employee for trai ning
on City time and college-level credits are earned during that training, those
credits shall count toward education incentive. The education incentive will
be removed if the employee is promoted to a position that does not entitle
employees to such incentives.
F. ADDITIONAL PROVISIONS.
1. The basic benefit for non-sworn employees hired prior to January 1,
2008, shall be a five percent step increase for a period of one fiscal
year if during the previous fiscal year the employee has successfully
completed —i.e., grades of "C" or better in all courses — a minimum of
nine semester units of college level classroom work, or City -approved
equivalent, approved by the Chief of Police, provided that this benefit
shall be payable only for classroom work done after c ompletion of the
probationary period.
2. The maximum benefit under this article is the equivalent to the one -
step increase for possession of one B.A. or equivalent degree (5.26%).
3. Sworn and non-sworn employees are eligible to participate in the
Tuition Reimbursement program as set forth in City Policy.
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ARTICLE 16 - UNIFORM ALLOWANCE
16.1 Each employee required to wear a uniform is expected to purchase and maintain
in good repair all required uniform pieces.
16.2 Effective June 2016Sworn employees shall receive $1,000 per year uniform
allowance, with $500 issued to the employee with the first payroll periodpay
check in June and $500 issued to the employee with the first payroll periodpay
check in December.
Effective June 2016Nnon-sworn employees shall receive $500 per year uniform
allowance, with $250 issued to the employee with the first payroll periodpay
check in June and $250 issued to the employee with the first payroll periodpay
check in December. New employees will receive a prorated amount.
16.3 For “Classic Members” as defined by CalPERS, uniform allowance shall be
reported to CalPERS as special compensation. Uniform allowance will not be
pro-rated upon separation from employment.
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ARTICLE 17 - HEALTH CARE INSURANCE
17.1 CONTRIBUTION
The City shall contribute the monthly amounts as set forth below for Cafeteria
Plan benefits for each regular, full time employee covered by this agreement.
Less than full-time employees shall receive a prorated share of the City's
contribution.
Employee Only $559.00
Employees Plus One $1,015.00
Family $1,339.00
The Cafeteria Plan amount is inclusive of mandatory dental , vision, and life
coverage.
Effective the first payroll in the month following adoption of this agreement by
City Council, the City will contribute the monthly amounts as set forth below for
Cafeteria Plan benefits:
Opt Out $ 559.00
Employee Only $ 587.00
Employee Plus One $1,066.00
Family $1,406.00
Effective December 2016 (for the January 2017 premium) and December 2017
(for the January 2018 premium) for employees participating in the PERS Health
Benefit Program, the City’s total Cafeteria Plan contribution shall be increased by
an amount equal to one-half of the average percentage change for family
coverage in the PERS health plans available in San Luis Obispo County. For
example: if three plans were available and the year -to-year changes were +10%,
+15%, and +20% respectively, the City’s contribution would be increased b y
7.5% (10% + 15% + 20% ÷ 3 = 15% x 1/2).
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Employees shall be eligible for the City contributions set forth above based on
the number of dependents they enroll in the PERS Health Benefit Program.
17.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program
(Public Employees’ Medical and Hospital Care Act [PEMHCA]) with the PERS
minimum contribution rates, currently $125.00 per month for active
employees and retirees. The City's contribution will come out of that amount
the City currently contributes to employees as part of the Cafeteria Plan. The
cost of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already provid ed. In
summary, this cost and any increases will be borne by the employees.
B. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may rec eive the unused
portion of the City's Cafeteria Plan opt out contribution per month (after
dental, vision, and life insurance is deducted) in cash in accordance with the
City's Cafeteria Plan.
C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans
at the employee only rate. Should they elect to cover dependents in the City's
dental and vision plans, they may do so, even if they do not have dependent
coverage under PERS.
D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non -sworn
employees continue to be covered under the City’s Long Term Disability
Insurance Program.
E. Life Insurance
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Employees shall pay for life insurance coverage of Thirty-five Thousand
Dollars ($35,000) through the cafeteria plan.
17.3 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non -
voting representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's flexible benefits plan and
the insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's fle xible benefits plan and the
insurance plans offered under the MOA.
3. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of
meet and confer requirements between the City and the Association,
including Resolution 6620.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the Ci ty and the Association agree to meet and
confer in good faith.
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4. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has appr oved the
consultation and fees in advance.
17.4 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of health, dental and vision
benefits for one (1) year for the surviving family of an active employee who dies
as a result of a job-related illness or injury.
17.5 FITNESS PROGRAM
To the extent the Association wishes to discuss implementation of a Fitness
Program with the City during the term of this agreement, the Association will
provide the City with a written proposal setting forth the specifics of the Fitness
Program. Upon receipt of the Association’s request the City will meet with the
Association representatives to discuss the terms and conditions of the proposed
Fitness Program.
17.1 Health Flex AllowanceCONTRIBUTION
Employees electing medical coverage in the City’s plans shall receive a health
flex allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase
such coverage through the City’s Cafeteria Plan. If the health flex al lowance is
less than the cost of the medical plan, the employee shall have the opportunity to
pay the difference between the health flex allowance and the premium cost on a
pre-tax basis through the City’s Cafeteria Plan. If the premium cost for medical
coverage is less than the health flex allowance, the employee shall not receive
any unused health flex in the form of cash or purchase additional benefits under
the Cafeteria Plan. Less than full-time employees shall receive a prorated share
of the City’s contribution. The 2018 (plan year) and 2019 (plan year) monthly
health flex allowance amounts are:
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The City shall contribute the monthly amounts as set forth below for Cafeteria Plan
benefits for each regular, full time employee covered by this agreement. Less
than full-time employees shall receive a prorated share of the City's contribution.
Level of Coverage 2018 Rates 2019 Rates
Employee Only $ 610 $ 623
Employee Plus One $1,108 $ 1,132
Family $1,461 $ 1,492
Employee Only $559.00
Employees Plus One $1,015.00
Family $1,339.00
The Cafeteria Plan amount is inclusive of mandatory dental, vision, and life
coverage.
Effective the first payroll in the month following adoption of this agreement by
City Council, the City will contribute the monthly amounts as set forth below for
Cafeteria Plan benefits:
Opt Out $ 559.00
Employee Only $ 587.00
Employee Plus One $1,066.00
Family $1,406.00
Effective in December 2018 (for the January 2019 premium) and December 2020
(for the January 2021 premium), Effective December 2016 (for the January 2017
premium) and December 2017 (for the January 2018 premium) for employees
participating in the PERS Health Benefit Program, the City’s total Cafeteria Plan
contribution shall be increased modified by an amount equal to one-half of the
average percentage changes for family coverage in the PERS health plans
available in San Luis Obispo County. For example: if three plans were are
available and the year-to-year changes were +10%, +20%, and +15-6%, and +20%
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respectively, the City’s contribution would be increased by 7.54% (10% + 20% +
15-6% + 20% ÷ 3 = 158% x 1/2).
Employees shall be eligible for the City contributions set forth above based on
the number of dependents they enroll in the PERS Health Benefit Program.
17.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under
PEMHCA shall be the statutory minimum contribution amount established by
CalPERS on an annual basis. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan
provided to employees in their various MOA's. The cost of the City's participation
in PERS will not require the City to expend additional funds toward health
insurance beyond what is already provided for in the various bargaining
agreements. In summary, this cost and any increases will be borne by the
employees. The City has elected to participate in the PERS Health Benefit
Program (Public Employees’ Medical and Hospital Care Act [PEMHCA]) with the
PERS minimum contribution rates, currently $125.00 per month for active
employees and retirees. The City's contribution will come out of that amount the
City currently contributes to employees as part of the Cafeteria Plan. The cost of
the City's participation in PERS will not require the City to expend additional
funds toward health insurance beyond what is already provided. In summary,
this cost and any increases will be borne by the employees.
17.3 Conditional Opt-Out
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Employees who at initial enrollment or during the annual open enro llment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependents
(tax family). The monthly conditional opt-out incentive is:
Opt Out $559
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt -out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other
minimum essential coverage.
17.4 Dental and Vision Insurance/Dependent Coverage
Effective upon Council adoption, employee’s participation in the City's dental and
vision plans is optional. Employees who elect coverage shall pay the dental
and/or eye premium by payroll deductions on a pre -tax basis through the City’s
Cafeteria Plan.
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C. Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision
plans at the employee only rate. Should they elect to cover dependents in the City's
dental and vision plans, they may do so, even if they do not have dependent coverage
under PERS.
17.5
D.Long-Term Disability Insurance (LTD)
Sworn employees are covered for Long-Term Disability Insurance through the
Association and are responsible for premium payments. Non-sworn employees
continue to be covered under the City’s Long -Term Disability Insurance Program.
17.6 E. Life Insurance and Accidental Death and Dismemberment (AD&D)
Insurance
Employees shall pay for Llife and AD&D insurance coverage of Thirty-five
Thousand Dollars ($35,000) through the City’s Cafeteria Plan.
17.73 Representation oOn A Medical Plan Review Committee
The Association shall appoint one voting representative to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non-
voting representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be
to:
1. Review and suggest changes for the City's Cafeteria plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations
on proposed changes for the City's flexible benefitsCafeteria plan
and the insurance plans offered under the MOA.
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3. Disseminate information and educate employees about the City's
flexible benefitsCafeteria plan and the insurance plans offered
under the MOA.
4. Participate in other related assignments requested by the City and
its employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City and
the Association, including Resolution 6620.
3. If changes to the City's flexible benefitsCafeteria plan are subject to
meet and confer requirements, the City and the Association agree
to meet and confer in good faith.
4. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has approved
the consultation and fees in advance.
17.84 Health Insurance fFor Unit Member Survivors
The City shall maintain and pay for the existing level of health, dental and vision
benefits for one (1) year for the surviving family of an active employee who dies
as a result of a job-related illness or injury.
17.95 Fitness Program
To the extent the Association wishes to discuss implementation of a Fitness
Program with the City during the term of this agreement, the Association will
provide the City with a written proposal setting forth the specifics of the Fitness
Program. Upon receipt of the Association’s request the City will meet with the
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Association representatives to discuss the terms and conditions of the proposed
Fitness Program.
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ARTICLE 18 - RETIREMENT
18.1 PERS Contracts
A. “Classic Members First Tier” employees hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's (PERS)
3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non -sworn
personnel hired before December 6, 2012. The 3% at age 50 plan includes the
following amendments, namely, Post Retirement Survivor Allowance, the 4th
level 1959 Survivor's Benefit, military service credit, one -year final compensation,
conversion of unused sick leave credit to additional retirement credit , and Pre-
Retirement Optional Settlement 2 Death Benefit. The 2.7% at age 55 plan has
the following amendments, the 4th level 1959 Survivor's Benefit, one-year final
compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre-Retirement Optional Settlement 2 Death
Benefit.
B. “Classic Members Second Tier” employees hired on or after December 6,
2012.
Effective December 6, 2012, the City agrees to provide the Public Employee’s
Retirement System’s, 2% at age 50 Full Formula for Local Safety Members using
the average of the three highest years as final compensation and 2% at age 60
for all non-sworn personnel using the average of the three highest years as final
compensation. The 2% at age 50 plan includes the following amendments,
namely, Post Retirement Survivor Allowance, the 4th level 1959 Survivors’
Benefit, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre -Retirement Optional Settlement 2 Death
Benefit.
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C. “New Members Third Tier”
For all employees who PERS determines are “new members” within the meaning
of the California Public Employees’ Pension Reform Act (PEPRA), the City will
provide the PERS 2.7% at age 57 (PERS Safety Option Plan Two) retirement
plan for sworn personnel and 2% at age 62 retirement plan for non -sworn
personnel, using the highest three-year average as final compensation. Effective
on their date of hire, new members will pay 50% of the total normal cost of the
member contribution, as determined by PERS.
The employee pays to PERS their contribution as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre -tax basis.
18.2 Member Contributions
A. “Classic Members – First and Second Tier”
A. Effective January 1, 2000, the City discontinued paying the “classic
member” sworn employees’ share of the PERS Contribution (9%) and the
“classic member” non-sworn employees’ share of the PERS Contribution (8%).
The 9% and the 8% were added to the employees’ base salaries and reported as
compensation to PERS. For purposes of this Article, employee contributions are
based on salary and special compensation as defined by PERS. The “classic
member” employee pays to PERS their contribution; as allo wed under Internal
Revenue Code Section 414 (h) (2) the contribution is made on a pre-tax basis
B.
Effective the first full pay period January 2014 , and in accordance to the
provisions of AB 340 § 7522.30 and §20516 , all “classic member” sworn and
non-sworn employees shall contribute 3.0% of salary directed to the employers’
normal pension cost in addition to the employee contribution defined in the
paragraph above. Effective the first full pay period July 2019, all sworn and non-
sworn personnel’s additional contribution shall increase to 4.5% in addition to the
employee contribution defined in the paragraph above. Effective the first full pay
period in July 2020, all sworn and no n-sworn personnel’s additional contribution
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shall increase to 6.0% in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340 § 7522.30 and §20516 paying the “classic member”
employees’ 9% of salary as described in paragraph A above;
All of the employee contributions are made on a pre -tax basis as allowed under
the Internal Revenue Code § 414 (h) (2). the contribution is made on a pre-tax
basis. All “classic member” sworn employees total pension contributions shall be
capped at 12.0% of salary. C. Effective the first full pay period January 2014,
and in accordance to the provisions of AB 340 § 7522.30 and § 20516, all
“classic member” non-sworn employees shall contribute 3.0% of salary directed
to the employers’ normal pension cost in addition to the employee paying the
employees’ 8% of salary as described in paragraph A above; as allowed under
the Internal Revenue Code § 414 (h) (2) the contribution is made on a pre -tax
basis. All “classic member” non-sworn employees total pension contributions
shall be capped at 11.0% of salary.
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B. C“New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the total normal cost
of the member contribution, as determined by PERS.
Effective the first full pay period July 2019, all sworn and non-sworn new
members shall contribute 1.5% in addition to the employee paying 50% of the
normal cost. Effective the first full pay period in July 2020, all sworn and non -
sworn new members contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions are in
accordance to the provisions of AB 340 § 7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed under
the Internal Revenue Code § 414 (h) (2).
18.3 Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be
considered contributions to the employees account. PERS currently requires a
secret ballot election among the employees affected to change the employees’
rate of contribution. The contract cannot be amended if a majority of the affected
members vote to disapprove the propo sed plan. In the event a secret ballot is
required by State Law and the Fire membership does not vote to approve the
contract amendment, the additional contributions will still be required in
accordance to the provisions of §20516(f). In this case the ad ditional
contributions would not be credited to the employee’s PERS account as a normal
contribution.
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ARTICLE 19 - SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer,
Communications Technician, Field Service Technician, Evidence Technician,
Police Records Clerk, etc.) will prevail as the standard. All days off, vacation,
holidays, and shift selections will be determined by overall seniority in a specific
job classification, in compliance with department policy. T he department will
continue to designate the shifts to be available; including the days off and shifts
starting and stopping times. Employees will choose from those shifts designated
by the department as available.
19.2 Seniority as it applies to special assignments for the officers will also fall under
this standard regardless of seniority in the special assignment. This shall include
all current incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 20 - HOLIDAYS
20.1 The following thirteen days of each year are designated holidays for non -shift
employees as defined in Appendix A:
January 1 – New Year's Day
Third Monday in January – Martin Luther King's Birthday
Third Monday in February – Presidents’ Day
Last Monday in May – Memorial Day
July 4 – Independence Day
First Monday in September – Labor Day
September 9 – California Admission Day
Second Monday in October – Columbus Indigenous Peoples Day
November 11– Veteran's Day
Fourth Thursday in November – Thanksgiving Day
Friday after Thanksgiving Day
December 25 – Christmas
One-half day before Christmas
One-half day before New Year's
20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the followi ng Monday shall be observed. The
Police Chief or designee may make the final determination as to whether the
Holiday must be worked.
20.3 Effective May 2016 the City will transition nNon-shift employees (As defined in
Appendix A) to receive the equivalent of 104 hours of holiday leave in the first
pay period in January of each year. Non-shift employees’ remaining holiday
leave, not to exceed 52 hours, as of the last pay period in December will be paid
to the employee at the straight time rate. Holiday leave hours shall be pro -rated
when an employee is appointed or leaves employment during the calendar year.
The employee’s final check will be adjusted to reflect the pro-rated hours.
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20.4 Each Shift employee shall earn 4.33 hours of holiday leave semi -monthly, in lieu
of fixed holidays. Such employees shall receive payment at straight time hourly
rate not including any incentive pays for a portion of their earned holiday leave
(2.0 hours) each bi-weekly payroll period.
20.5 The remainder of the Shift employee’s annual holiday leave (52 hours) shall be
advanced to the employee effective the first payroll period in January of each
year. Such holiday leave may be taken off by the employee with the approval of
the Police Chief or his designee.
20.6 Each calendar quarter, a Shift employee has the option of receiving payment for
one-fourth (1/4) of his/her advanced holiday leave. The combination of ho liday
leave taken off and payment of advanced holiday time may not exceed 52 hours.
Any holiday leave remaining as of the last payroll period in December of each
year will be paid to the employee at the straight time rate. If an employee
terminates for any reason, having taken off hours in excess of his/her prorated
share, the value of the overage will be deducted from the employee’s final
paycheck.
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ARTICLE 21 - VACATION
21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours
per year of continuous service since the benefit date for the first five years, 120
hours per year upon completion of five years, 144 hours per year upon
completion of 10 years, and 160 hours upon completion of 20 years.
21.2 All employees may accrue a maximum of vacation time not to exceed twice their
annual rate.
21.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request
payment for up to 80 hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Payment for unused vacation leave is subject to the availability of budgeted
funds.
21.4 Patrol Vacation Assignment
Prior to November 1st, the master vacation schedule shall provide that two
officers per watch shall be allowed to sign up for priority vacation for the following
year.
The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift
of accrued leave. Accrued leave includes compensatory time, vacation leave
and/or holiday leave.
Subject to the limitations above, after the posting of shifts/days off for each shift
rotation, employees shall be allowed, by seniority, additional available vacation
days one month (28 days or 2 pay periods) prior to the start of the rotation.
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Subject to unforeseen events, employees may be allowed to sign up for
additional available vacation days. The department shall make every effort to
grant such requests subject to operational needs and such requests shall not be
unreasonably denied.
Prior to or on November 1st, three Master Vacation Schedules (Primary, Second
and Third) shall be posted for signup for the following year. The Primary Master
Vacation Calendar will close two weeks prior to the start of the winter rotation
and will cover winter, summer and fall rotations. Time off shall be given based
on seniority as follows:
Watch Includes
Day Watch Patrol Team 1/2
Day Watch Specialty Traffic, CAT, Day Metro
Night Watch Patrol Team 3/4 & Night Metro
Night Watch Swings Team 5
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The Master Vacation Schedule shall provide the following:
Day Watch – A maximum of two Officers from Day Watch Patrol and a maximum
of two Officers from Day Watch Specialty shall be granted priority vacation for the
following year. If the total number of Day Watch Specialty Officers is 5 or less
due to a staffing shortage (positions are frozen, unfilled or sent back to Patrol),
only one Day Watch Specialty Officer will be granted priority vacation for the
following year.
Night Watch – A maximum of two Officers from Night Watch Patrol and a
maximum of one Officer from Night Watch Swings shall be granted priority
vacation for the following year. If less than two Night Watch Patrol Officers
request priority vacation on a given date, a second Officer from Ni ght Watch
Swings shall be granted priority vacation on that date.
Subject to the limitations above, Officers shall be allowed to request, by seniority,
additional available vacation days using the Second and Third Master Vacation
Schedules. The Second Master Vacation Schedule will cover summer and fall
rotations, will close two weeks prior to the start of the summer rotation and shall
be subservient to the Primary Master Vacation Schedule. The Third Master
Vacation Schedule will cover the fall rotation, will close two weeks prior to the
start of the fall rotation and shall be subservient to the Secondary Master
Vacation Schedule. The department shall make every effort to gra nt these
requests but may deny them based on pre -existing scheduled modifications or
operational staffing needs.
The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate additional Officer use of accrued leave. Acc rued
leave includes compensatory time, vacation leave and/or holiday leave. The
department shall make every effort to grant such requests subject to operational
staffing needs and such requests shall not be unreasonably denied.
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ARTICLE 22 - SICK LEAVE
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
22.2 Upon termination of employment by death or retirement, a percentage of the
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries, according to the
following scheduleretirement the employee may choose : 1) a payout of the
employee’s accumulated sick leave balance based on years of service according
to the following schedule, 2) to convert a portion or all of the employee’s sick
leave balance to service credit in accordance with CalPERS regula tions, or, 3) a
combination of these two options. Upon termination by death of the employee a
percentage of the dollar value of the employee’s accumulated sick leave will be
paid to the designated beneficiaries according to the following schedule:
A. Death – 50%
B. Retirement and actual commencement of PERS benefits:
• After twenty years of continuous employment – 20%
• After twenty-five years of continuous employment – 25%
• After thirty years of continuous employment – 30%
C. Job related disability retirement and actual commencement of PERS benefits
– 75% with maximum of 1,000 hours payoff.
D. Sick leave cannot be used to postpone the effective date of an industrial
disability retirement. This provision is intended to reiterate past practice and
to exercise the employer’s rights under Government Code, Section 21163.
E. Employee use of sick leave shall be deemed confidential and not subject to
reporting in monthly or annual personnel evaluat ions without proof of abuse.
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ARTICLE 23 - FAMILY LEAVE
23.1 An employee may take up to 48 hours of sick leave per year if required to be
away from the job to personally care for a member of his/her family.
23.2 “Family member” is defined as:
1) A child, which for purposes of this article means a biological, adopted, or
foster child, stepchild, legal ward, or a child to whom the employee stands in
loco parentis. This definition of a child is applicable regardless of age or
dependency status.
2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an
employee or the employee’s spouse or registered domestic partner, or a
person who stood in loco parentis when the employee was a minor child.
3) A spouse.
4) A registered domestic partner.
5) A grandparent.
6) A grandchild.
7) A sibling, step-brother, or step-sister.
8) Any other relative living in the same household.
9) Or any other relative as defined by Labor Code 233 and/or Assembly Bill
1522.
23.3 An employee may take up to 56 hours of sick leave per year i f the family member
is part of the employee's household and is hospitalized. The employee shall
submit written verification of such hospitalization.
23.4 The amounts shown above are annual maximums, not maximums per qualifying
family member.
23.5 In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1 ,250 hours in the last year may be eligible for
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up to 12 weeks of Family/Medical Leave within any 12 -month period.
Family/Medical leave can be used for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. To care for the employee’s spouse, son, daughter, parent, or registered
domestic partner who has a serious health condition.
C. Placement of an employee's child for a doption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
E. To assist a spouse, son, daughter, or parent who is a member of the Armed
Forces, including the National Guard or Reserves with a “qualifying exigency”
related to covered active duty or a call to active duty status.
F. To care for a son or daughter, spouse, parent or “next of kin” covered service
member with a serious injury or illness.
This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available vacation, compensatory time off and holiday leave and, if appropriate,
sick leave prior to receiving unpaid Family/Medical Leave.
23.6 Employees on Family/Medical Leave will continue to receive the City's
contribution towards the cost of health insurance premiums. However,
employees who receive cash back under the City's flexible benefit Plan will not
receive that cash during the Family/Medical Leave. The City will pay only City
group health insurance premiums.
23.7 If an employee does not return to work following Family/Medical Leave, the City
may collect the amount paid for health insurance by the City during the leave.
There are two exceptions to this rule.
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A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
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ARTICLE 24 - BEREAVEMENT LEAVE
At each employee's option, sick leave may be used for absence from duty due to the
death of a member of the employee's immediate family, meaning spouse, child, brother,
sister, parent, parent-in-law, step-parent, step-brother, step-sister, grandparent,
grandchild, or any other relative living in the same household, provided such leave as
defined in this Article shall not exceed 40 hours for each incident. The employee may
be required to submit proof of relative's death before being granted sick leave pay.
False information given concerning the death or relationship shall be cause for
discharge.
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ARTICLE 25 - CATASTROPHIC LEAVE
25.1 Upon request of an employee and upon approval of the Chief of Police, leave
credits (vacation, compensatory time off, or holiday time) may be transferred
from one or more employees (donors) to another employee (recipient). The
recipient may participate in the program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirme d by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 24, has
sustained a life threatening or debilitating illness, injury or condition (The
Chief may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or
injury to a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days
and have applied for a leave of absence without pay for medical reasons.
This condition does not apply when the illness or injury involves a member of
the recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Applicatio n
for Catastrophic Leave Program form.
25.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by
regular employees.
B. The time will be converted from the type of l eave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited
to the recipient's leave time balance on an hour -for-hour basis and shall be
paid at the rate of pay of the receiving employee.
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C. The donations must be a minimum of four hours and, thereafter, in whole
hour increments.
D. The total leave credits received by the employee shall normally not exceed
three months; however, if approved by the Chief, the total leave credits
received may be up to a maximu m of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to
the limits of this policy (see D. above), even though such use exceeds the
limits for family care leave found in Article 2 3.
F. Donations approved shall be made on a Donation of Time Credits form
signed by the donating employee. These donations are irrevocable under
any conditions.
25.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he/she may
appeal this initial decision jointly to the Director of Human Resources and the
City Manager. Article 32–Grievance Procedure shall be used for final resolution .
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ARTICLE 26 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on -the-job injury in accordance with
State Workers' Compensation law and is not eligible for disability payments under Labor
Code Section 4850 shall be paid the difference between his /her base salary and the
amount provided by Workers' Compensation law during the first 90 business days of
such disability absence.
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ARTICLE 27 - JURY DUTY AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury,
and when not excluded there from, or when subpoenaed to appear as a witness
at any trial, shall be compensated for the time required to be spent under the
jurisdiction of the court by an amount equal to the difference between the pay
he/she received as a juror and his/her regular daily rate received from the City.
The difference between the time required to be spent on jury duty and the normal
workday of the employee shall be spent performing the employee’s regular job
assignments unless the department head, upon approval of the Director of
Human Resources, determines this not to be practical.
Non-sworn employees assigned to night shift and called to serve on a jury or
subpoenaed to appear as a witness at any trial, may request the supervisor to
flex her/his schedule within the work period to accommodate the required jury
duty. In the event the supervisor is unable to flex the work schedule and the
employee is required to report to jury duty on the same day s/he is scheduled to
work, s/he will report the number of hours spent on jury duty to the supervisor
and will be allowed to begin her/his shift an equal number of hours later. In this
case, the employee will be compensated for the time required to be spent under
the jurisdiction of the court by an amount equal to the difference between the pay
s/he received as juror/witness and her/his regular daily rate received from the
City.
27.2 MILITARY LEAVE
Any line-item employee shall receive normal salary and fringe ben efits during the
first thirty days of any period of temporary military leave. Such compensation
shall not exceed thirty calendar days in any one fiscal year. Any temporary
military leave in excess of thirty days in one fiscal year shall be taken as vacation
leave or leave of absence without pay.
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ARTICLE 28 - GENERAL PROVISIONS
28.1 Payday
Paychecks will be disbursed on a bi -weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
28.2 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation shall be:
• Gilroy
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
Parties agree that this survey shall be based on total compensa tion and shall
only be one of the considerations used to determine compensation.
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ARTICLE 29 - RESIDENCY REQUIREMENTS
An officer's place of residence shall be within a one and one-half (1 ½) hour driving
radius from the San Luis Obispo Police Department.
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ARTICLE 30 - PROMOTIONAL POLICY
Promotions from Police Officer to Police Sergeant shall be subject to the following:
A. Job Announcement. When the Police Department notifies the Department of
Human Resources of a Sergeant position vacancy, the Department of Human
Resources will publish a job announcement. The job announcement will identify
the selection procedure, which includes the application process, test components
with their weights expressed as a percentage of the total score, and tentative
dates of the testing schedule. Whenever available, the City will identify study
materials at least 60 days in advance of a test.
B. Application Process. A completed City application must be received in the
Department of Human Resources by the filing deadline.
C. Testing Components.
A. Written Test: The written test will count as 30% of the final score.
1. A standardized written test with performance category questions to include
department policies and procedure, state law, applicable case law and
basic supervisory techniques. If available, the City will provide a list of
suggested study materials. The written test will be prepared by an outside
third party that specializes in preparing such type exams.
2. A score of 70% or better on the written test will enable a cand idate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
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4. The Chief or his/her designee will review the test before it is given to
ensure that the exam contains material relevant to a supervisory position
in San Luis Obispo.
B. Assessment Center will count as 70% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of
these exercises will be a traditional oral board interview. Other exercises
may include a situational role-playing, oral resume, simulation exercises;
and a supplemental questionnaire to assess written communication,
critical thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resource s Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 70% of the total Assessment Center
score.
2. The panel of evaluators will consist of the following: at least three external
members consisting of two (2) law enforcement members and one (1)
non-law enforcement and as many City employees as deemed
appropriate by the Director of Human Resources in consultation with the
Chief of Police.
C. Chief of Police Review:
1. Sworn SLOPD Staff members will be required to complete a Staff
evaluation form for each candidate. Staff evaluation form will consist of
five categories for each candidate. The categories will be created by the
Police Chief (or designated representative) in consultation with the
Director of Human Resources.
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2. There will be four possible scores for each category on the evaluation
form. The last section of the evaluation form will allow for comments on
the following two topics: “Candidates Strengths” “Candi dates
Weakness(es)”. Staff evaluation forms are not weighted and are advisory
to the Chief of Police.
3. Subject to the approval of the Police Chief, if supervisor feels s/he is
unable to conduct an impartial evaluation due to unfamiliarity with a given
applicant, s/he may opt not to evaluate the candidate but will be required
to document the lack of familiarity on the evaluation form.
4. Sworn personnel of the same or lessor rank will have the opportunity to
participate in the evaluation process on a volunt ary basis. Peer evaluation
forms will be the same format as the Staff evaluation forms. The preparer
of the peer evaluation form will be anonymous. Peer evaluation forms are
not weighted and are advisory to the Police Chief.
5. The Police Chief will meet with all department supervisors who are
capable of attending the monthly staff meeting to discuss candidates. All
supervisors in attendance will be allowed to provide input about each
candidate.
6. The Chief shall review the candidate’s personnel files , the completed Staff
evaluation forms, Peer evaluations forms and take into consideration
comments provided at the Staff meeting prior to making an appointment.
D. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing. Candidates who are ranked 1 through
3 (plus one for each additional vacancy if there is more than one vacant position)
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will be considered equally qualified for promotion and eligible for appointment by
the Police Chief.
C. Final selection by the Police Chief will be in accordance with the City’s Personnel
Rules and Regulations. The Police Chief will conduct a final selection interview
with the top three candidates (plus one fo r each additional vacancy over one).
D. The eligibility list shall be valid for one year unless extended, in accordanc e with
the City’s Personnel Rules and Regulations. The timing of establishing a new
eligibility list will be subject to the department’s goal of maintaining a current
eligibility list at all times in order to fill projected vacancies.
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ARTICLE 31 - PERFORMANCE EVALUATIONS
31.1 All regular full-time employees shall receive an annual written performance
evaluation from their supervisor within thirty (3 0) days of the employee’s
anniversary date absent exceptional circumstances. All regular full -time
employees shall also receive rotational written performance feedback from their
supervisor, except for those employees that do not rotate supervisors (e.g.
Records Clerks) or employees on special assignments (e.g. DT bikes, CAT).
31.2 For purposes of uniformity in the performance evaluation process, the following
definitions are provided:
1. UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the
position. Performance indicates serious lack of knowledge of basic skills
or lack of application of skills. Requires immediate attention and
improvement.
2. IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for
the position. Performance indicates some deficiency in basic skill,
knowledge or application. Specific efforts to improve desired.
3. MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected
standards. Performance indicates fully acceptable demonstration of
knowledge and skills.
4. EXCEEDS PERFORMANCE STANDARDS
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Performance consistently above standards for position. Performance
indicates superior knowledge and application of skills.
5. OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are
consistently well beyond the expected standard for position.
For employee performance evaluations e ffective January 1, 2019 and ongoing,
performance categories will be consolidated to the following three options:
1. Below Performance Standards:
Performance is frequently less than expected of a competent
employee for the position. Performance indicates some deficiency
in the basic skill, knowledge or application. Specific efforts to
improve is required.
2. Meets Performance Standards:
Performance indicates competent and effective adherence to
expected standards. Performance indicates fully acceptable
demonstration of knowledge and skills.
3. Exceeds Performance Standards:
Performance consistently above standards for position.
Performance indicates superior knowledge and application of skills.
31.3 All regular full -time employees shall receive their annual step increase effective
on the employee’s anniversary or promotional date and upon completion of a
written performance evaluation. Police Cadets do not receive written
performance evaluations from the City as they are evalu ated by the Academy in
which they are enrolled.on the employee’s anniversary date regardless of
whether the evaluation process has been completed, absent exceptional
circumstances.
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31.4 Employees shall have the right to review their personnel file or authorize, in
writing, review by their representative. No adverse material will be placed in an
employee’s personnel file without prior notice and a copy given to the employee.
An employee shall have 30 days within which to file a written response to any
evaluation and/or adverse comment entered in his/her personnel file. Such
written response shall be attached to, and shall accompany, the adverse
comment.
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ARTICLE 32 - GRIEVANCE PROCEDURE
32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication
of the Employer-Employee Resolution, the Personnel Rules and Regulations, this
MOA or any existing written policy or procedure relating to wages, hours or other
terms and conditions of employment excluding disciplinary matters. A grievance
filed by an individual employee should be clearly identified as a formal grievance.
This will be accomplished through the use of a formal grievance form (See
Appendix B).
32.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should
be filed only after the employee has attempted to resolve the disagreement with
his/her immediate supervisor. As a courtesy, the employee should advise his/her
supervisor of any intention to file a formal grievance. This action must take place
within 15 business days of the occurrence of the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievances and be represented.
32.3 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor should discuss the grievance with the supervisor’s immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in
writing to the Chief for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, agreement, or written policy
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance.
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32.4 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 business days of the filing of the formal
grievance, will provide a written response to the employee representatives
advising of his/her decision. If the employee accepts the Chief’s decision, the
grievance shall be considered terminated.
32.5 If the employee is dissatisfied with the Chief’s decision, the employee may
immediately submit the grievance in writing to the Human Resources Director
within five business days of receiving the Chief’s decision. The Human
Resources Director shall confer with the employee and the Chief and any other
interested parties and shall conduct such other investigations as may be
advisable.
32.6 The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee with in
fifteen business days of receiving the Human Resources Director’s results and
findings. Such decision shall be final unless the employee requests an appeal of
the decision.
32.7 Hearing Officer – A grievance is appealable, following several preliminar y steps,
to a Hearing Officer whose decision shall be final and binding:
A. The employee will have five business days following receipt of the City
Manager’s decision to submit a written request to the Human Resources
Director for review of the decision. Th e Human Resources Director will obtain
a list of five potential hearing officers from the State Mediation and
Conciliation Service. Then following a random determination of which party
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(City or appellant) begins, parties shall alternately strike one name from the
list until only one remains.
B. Within thirty business days the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing officer
shall render a decision, which shall be final and binding.
C. Any dispute regarding the eligibility of an issue for the grievance process may
be appealed through the process ultimately to the Hearing Officer who shall
decide on the eligibility prior to ruling on the merits.
D. Any fees or expenses of the Hearing Officer shall be payable one-half by the
City and one-half by the appellant.
32.8 Provided that implementation processes are correctly followed, amending the
Employer-Employee Resolution or the Personnel Rules and Regulations or
creating new or amended written policies or procedures may not be grieved but
shall first be subject to notice and consultation or meeting and conferring with the
Association as provided in the Employer–Employee Relations Resolution, MOA
Article 36 “Notice to the Association”, and/or by State Law.
32.9 Disciplinary matters are excluded in Section 3 2.1. The rules governing
disciplinary matters for employees covered by this MOA are contained in
Sections 2.36.320 through 2.36.350 of the Personnel Rules and Regulations of
the City of San Luis Obispo.
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ARTICLE 33 - LAYOFFS
33.1 Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this
provision, job performance categories shall be defined as follows:
Category I:
Performance that is Unacceptable or Improvement Needed or Below
Performance Standards.
Performance defined by this category is evidenced by the employee's two most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance
Standards, or is Outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top
three performance categories of the performance appraisal.
33.2 A regular employee being laid off shall be that employee with the least seniority
in the particular job classification concerned who is in the lowest job performance
category. Employees in Category I with the lowest seniority will be laid off first,
followed by employees in Category II. Should the two performance evaluations
contain overall ratings that are in the two different Categories as defined above,
the third most recent evaluation overall rating shall be used to determine which
performance category the City shall use in determining order of layoffs.
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33.3 The parties agree that employees who are laid off pursuant to this Article shall
have reemployment rights prior to the employment of individuals on an open or
promotion list. The employee to be r ehired must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class specifications.
Employees will be rehired on the basis of last out, first in.
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ARTICLE 34 - WORK ACTIONS
34.1 Participation by an employee in a strike or a concerted work stoppage is unlawful
and shall terminate the employment relation. Provided, however, that nothing
herein shall be so construed as to affect the right of any employee to abandon or
to resign his employment.
34.2 The Association shall not hinder, delay, interfere, or coerce employees of the City
in their peaceful performance of City services by strike, concerted work
stoppage, cessation of work, slow-down, sit-down, stay-away, or unlawful
picketing.
34.3 In the event that there occurs any strike, concerted work stoppage, or any other
form of interference with or limitation of the peaceful performance of City services
prohibited by this Article, the City, in addition to any other lawful remedies or
disciplinary actions, may by the action of the Municipal Employee Relations
Officer cancel any or all payroll deductions, prohibit the use of bulletin boards,
prohibit the use of City facilities, and withdraw recognition of the Association.
34.4 Employee members of the Association shall not be locked out or prevented by
management officials from performing their assigned duties when such
employees are willing and able to perform such duties in the customary manner
and at a reasonable level of efficiency.
34.5 Any decision made under the provisions of this Article may be appealed to the
City Council by filing a written Notice of Appeal with the City Clerk, accompanied
by a complete statement setting forth all of the facts upon which the appeal is
based. Such Notice of Appeal must be filed withi n 10 working days after the
Association first received notice of the decision upon which the complaint is
based, or it will be considered closed and not subject to any other appeal.
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ARTICLE 35 - COMMUNICATION PROCESS
35.1 Conferences
There will be meetings as needed between the Chief of Police and management
member(s) and at least two Association representatives to discuss problems or
other subjects of mutual interest. Minutes of the meeting will be maintained to
reflect topics discussed, actions to be taken, the party responsible for any action
and the expected completion date.
35.2 Quarterly Meetings
Two to four representatives of the Association, the City Manager (or designee),
Chief of Police (or designee), and management representative(s) desi gnated by
the City will meet quarterly if there are issues of concern to the parties. No
issues will be brought to this quarterly meeting without first having been
discussed with the Chief of Police at a previous conference.
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ARTICLE 36 - NOTICE TO THE ASSOCIATION
Prior to making changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to
meet and confer with City representatives prior to making the change(s).
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ARTICLE 37 - EQUIPMENT
A. The City agrees to provide each sworn employee of the Association a nylon
basket weave duty gun belt as their primary duty gun belt. Upon request, the
City also agrees to provide each sworn employee of the Association a smooth
nylon utility belt and related accessories. The smooth nylon utility belt will only
be worn as directed by the Chief of Police. The nylon basket weave duty gun
belt and nylon smooth utility belt will become the property of the employee and
the employee agrees to maintain these pieces of equipment.
The smooth nylon utility belt will consist of: belt, handcuff case, chemical spray
holder, baton holder (to fit the baton carried by the employee), magazine case (to
fit the magazines carried by the employee), holster (to fit the weapon carried by
the employee), radio holder (to fit the radio carried by the employee), and four
belt keepers. Any other accessories will be the responsibility of the employee.
B. All appropriate classifications shall be issued A-Level IIIA Ballistic Helmet with
riot face shield fixed.
C. All appropriate classification shall be issued a chemical protective breathing
mask fitted with belt mounted carrying bag. All protective masks shall be in
compliance with CalOSHA minimum standards including employee training.
D. Non-sworn employees not subject to assignments necessitating
helmets/chemical masks will not have them issued.
E. All appropriate classifications shall be issued a Stream Light model SL –20 or
technologically similar rechargeable flashlight with 12V/120V charging systems.
F. Each marked police unit assigned to unit members shall be equipped with:
1. A Patrol rifle fitted with a hands free assault sli ng and stock mounted weapon
light.
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2. A 12-guage pump shotgun fitted with an extended magazine, hands -free
assault sling and stock-mounted weapon light; and
3. A 12-guage pump shotgun designated “less lethal” fitted with a hands-free
assault sling and stock-mounted weapon light.
Notwithstanding the above, the City retains the right to select the specific
equipment necessary to fulfill its obligation to provide necessary and appropriate
safety equipment.
G. All department owned firearms are to be subject to annual in spection by a
certified department armorer or independent Gun Smith. The certified
department armorer or independent Gun Smith shall provide an inspection report
for each firearm inspected. Firearms with noted defects, wear and tear, or
questionable serviceability shall be replaced and not returned to service.
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ARTICLE 38 - TEMPORARY MODIFIED DUTY
The City and the Association have met and conferred on a modified duty/return to work
policy, which is established by mutual agreement as Police Department Lexipol Policy
#1052.
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ARTICLE 39 - WORK SCHEDULES
39.1 Patrol 3/12 Work Plan
A. In an effort to improve scheduling, the Chief of Police implement ed a 3/12
Work Hour Plan.
B. The basic work pattern for sworn officers on patrol shall be three 12 -hour
days each week, plus assigned pay back. Swing shift officers shall be
assigned to work a 4/10 shift. Employees will normally be assigned to work
160 hours in a 28-day work cycle. In addition, employees who attend shall be
compensated for briefing time.
C. If an employee does not work the full 160 hours in a 28 -day work cycle, the
City shall deduct the unworked hours from an employee’s accrued holiday or
vacation balances, unless the unworked hours result for reasons of excused
paid absence or because the City did not assign a pay-back shift.
39.2 Shift Adjustment
Management and the POA reaffirm that scheduling is a management
responsibility. However, in the matter of shift adjustment policies, it is agreed
that the following guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be
sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this
guideline and remain the discretion of the Unit Supervisor or Bureau
Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chose n
sequentially by seniority.
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E. Generally, no more than two Officers per shift should be ordered to adjust
unless a specific event necessitates it.
F. At least 14 days’ notice will normally be given, but in no event will less than
seven days’ notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non -
emergency shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation
unless it is necessary to insure the Officer has adequate rest. If court or
another assignment prevents an Officer from getting proper rest between
shifts, the Officer and the Watch Commander may arrange a shift adjustment
to meet this need. With approval, the Officer cou ld opt to use adjusted court
time towards normal work hours instead of overtime, or to adjust shift start
time up to four hours. In cases where the Watch Commander determines an
adjustment is warranted but does not have sufficient manpower, s/he is
authorized to bring in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated
above.
K. It is noted that either party may reopen these issues at the time of contract
renewal.
39.3 Communications Technician 3/12 Work Schedule
I. SHIFT ASSIGNMENTS:
A. Work shift assignments will consist of Day Watch and Day Watch relief, 0700
hours-1900 hours, Night Watch and Night Watch relief, 1900 hours -0700
hours (with the exception of shift adjustments as defined in Section VI).
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B. The work schedule is defined as eighty (80) hours during a fourteen (14) day
schedule. The eighty-hour work period shall consist of a total of six (6) twelve
(12) hour shifts with one eight (8) hour payback shift. A work week is defined
as three (3) twelve (12) hour shifts with one eight (8) hour payback shift
attached during the fourteen (14) day work schedule. Days off shall be in
conjunction with the employee work week and not split unless there is
consent by the employee. Example: Week one, M, T, W, week two, M, T, W,
TH (8 Hour Payback.)
C. Paybacks shall be scheduled for eight (8) hours during the employee’s normal
work hours in conjunction with workdays by seniority.
D. Every employee shall sign up for a relief shift before another employee is
assigned to work a second relief shift.
1. The day watch relief will be assigned to cover absences for
Communications Technicians on day watch and the night watch relief
will be assigned to cover absences for Communicat ions Technicians
on night watch. Relief will only be assigned to cover the opposite shift
by seniority (e.g. day covers for night) when staffing vacancies exist or
when necessitated by special events or circumstances (e.g. Mardi
Gras). Permanent and temporary shift vacancies may be staffed by
reassignment of the relief shift with seven (7) days prior notice or by
voluntary agreement.
2. Relief will not be scheduled to work a shift in the middle of days off.
Example: Week one, M, T, W, off, F, off, off.
3. Relief will have at least two (2) days off in between work weeks.
Example: M, T, W, T, off, off, S, M, T.
4. Communications Technicians assigned to relief dispatch work
schedules shall be compensated for hardship duties by receiving five
(5%) percent additional salary while assigned.
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II. SHIFT SIGN UP:
A. The Communications Manager will post the annual shift and leave sign up
schedule by September 15th each year for the following year. Communication
Technicians sign up for shift selection, selected days off, vacation,
compensatory time off (CTO) and holiday time.
B. Employees will sign up by seniority for their choice of shifts, payback hours,
and leave hours for each of the three annual rotations. Shift selection will be
by seniority, including relief shift.
C. Employees shall have three days (72 hrs) from the date of receipt of the
schedule to make their selection for work shifts, days off and annual vacation
accrual. Employees are entitled to sign up for the total of their annual accrual
of vacation time utilizing coding “V".
1. Communications Technicians will sign-up for “V” days with the
expectation that the center is fully staffed and the relief from that watch
is available to cover. Communication Technicians may not sign up for
vacation time during the initial sign-up if it will incur overtime. First draft
vacation requests shall be approved with mandatory overtime in the
event of unit vacancies after the master schedule is completed.
D. Once all unit employees have had the opportunity to sign up for their
maximum accrual of vacation time, they shall be entitled to again sign up by
seniority for all accrued compensatory time off (CTO), holiday hours and
previously unselected leave time they will have accumulated by the date
requested. Compensatory time off shall be coded “CT O", holiday leave and all
other previously unselected leave time shall be coded “H".
1. Second draft CTO, holiday and previously unselected leave time may
be granted and overtime considered for unit vacancies. Overtime will
be posted to accommodate such leave requests. Should the overtime
remain unfilled, the requested leave time shall be cancelled.
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2. In the event that scheduled CTO time is cancelled, the affected
employee shall be paid for the CTO hours scheduled, work the shift
and be compensated with overtime as defined in Section 11.3.
E. The Communications and Records Manager shall approve leave time by
seniority and post same on the electronic schedule by the start of each
rotation.
F. Employees generally will not be allowed to work more than two consecutive
shift assignments without rotation to an alternate shift. The Communications
and Records Manager may consider requests to work more than two
consecutive rotations for hardship and educational purposes. In no case will
a senior employee be adjusted from s hift preference without their consent to
mitigate requested hardship or educational requests.
1. Any request for a change or deviation between employees (i.e. shift
rotation trade) must be submitted in memo form signed by both
affected employees within one week of posting the tentative schedule.
Requests will be forwarded through the chain-of-command for a final
decision by the Bureau Commander or designee. If approved, affected
employees will also trade seniority for selection of days off. For
scheduling purposes, the shift change will affect only the two
employees involved. Affected employees will receive credit for the shift
they signed up for.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING:
A. If an employee is reassigned to a long-term vacancy and the absent
employee returns to duty, both employees shall return to their originally
selected shift.
B. In the event of a staffing vacancy the reassigned employee who was
reassigned shall have the option of returning to their originally selected shift
or remaining for the duration of the designated shift once the vacancy is
filled.
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C. In the event an employee is reassigned from a selected shift to a designated
shift, the employee may elect to receive work credit for either shift to meet
rotation requirements.
IV. SHIFT TRADE:
A. All requests for shift trades between employees shall be submitted utilizing
the Substitute Work Agreement form. Requests will be approved by a Bureau
Commander or designee.
V. LEAVE TIME CANCELLATION:
B. In the event an employee opts to cancel scheduled time off, they will by email
notify the Communication and Records Manager. The Communication and
Records Manager will by email, notify all unit members of the available
cancelled leave time. By seniority, employee ’s junior to the employee
canceling leave time may request time off utilizing the cancelled dates. If the
cancelled time was priority signup, the department shall grant such time off
with the same consideration as originally scheduled as outlined in II . C., as
long as the employee has the vacation time and does not exceed their annual
allotment. If the cancelled leave time was secondary signup, the overtime
consideration articulated in II. D. shall be applied.
VI. SHIFT ADJUSTMENTS:
A. Shift adjustments on a regular scheduled d ay required to staff Communication
Technician vacancies or sick leave will not exceed four (4) hours without the
consent of the affected employee. When shift adjustments are required, there
shall be a minimum of ten (10) hours between shifts without loss of
compensation.
B. In any situation necessitating a shift adjustment, volunteers will first be
sought. Whenever volunteers cannot be located, employees will be chosen
sequentially by seniority.
1. At least fourteen (14) days’ notice will be given on planned leave.
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2. An employee authorized to shift adjust will not suffer loss of briefing
pay or other normal benefit.
C. The Communication and Records Manager and/or Supervisors shall notify
employees via email of all changes made to their work schedule at the time
said change is made.
VII. MEAL AND REST PERIODS:
A. Meal periods shall consist of not less than thirty (30) minutes paid subject to
interruption, as staffing permits. Two fifteen (15) minute rest periods (breaks)
shall be provided, as staffing permits. Breaks may be taken using any
combination of the total time allowed. Meal and rest periods (breaks) are
subject to interruption and must be taken within the building.
39.4 Field Service Technicians assigned primarily to field duties will receive a 30-
minute paid lunch break as part of their regular shift as staffing and calls permit.
They will remain subject to call and interruption during their lunch period.
39.5 Investigations – Division Work Schedule
A. Investigators may participate in a 4/10 work schedule in accordance with the
City’s alternate work schedule policy. The schedule will include a 30 minute
paid lunch as part of their regular shift as staffing and calls permit.
Investigators will remain subject to call and interruption during their lunch
period.
B. The Investigative Lieutenant will determine the work days and hours for those
employees who work the 4/10 schedule based on the coverage needs of the
entire unit. The schedule may include shifts beginning at 6:45 a.m. with
attendance at patrol briefings. Investigators who attend patrol or other daily
briefings shall do so as part of their regular shift hours.
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39.6 Other division/assignments may be provided alternate work schedules under the
following language:
Employees may request that the Department Head or his/her designee consider
alternate work schedules. Examples of alternate work schedules include 4/10
schedules, 9/80 schedules, 12-hour schedules, flexible schedules, etc. Alternate
schedules may provide for paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at
least thirty calendar days prior to having an alternate work schedule
discontinued. Such notice does not apply to moving between alternate
schedules, temporary schedule changes, flexible schedules, etc. If an alternate
schedule is discontinued, the Department will notify the Association of the
reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the
standard eight (8) hour day. Accrued leave shall be charged based on the
number of hours missed due to a flexible schedule.
Flexible/alternate schedules implemented for non -sworn employee(s) may have
a different FLSA seven (7) day work cycle established. Once established, the
FLSA work schedule shall not be changed on a frequent or routine basis.
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ARTICLE 40 - SWAT
SWAT team members are required to maintain a higher standard of physical fitness
than the normal employee. The City will reimburse each SWAT team member who
purchases personal exercise equipment or who voluntarily joins a physical fitness gym
for the cost of the membership and monthly charges up to a maximum yearly fiscal year
rateamount of $375.00 per member. A purchase that meets the criteria to be eligible for
reimbursement and is above the annual reimbursement limit, may be submitted in up to
two additional consecutive years. At the City’s request each member requesting
reimbursement may be required to provide proof of purchase or of membership and
active participation.
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ARTICLE 41 - TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Department Policy,
where the employee may be subject to investigation, shall be advised of his/her right to
representation.
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ARTICLE 42 - NO DISCRIMINATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment
conditions or treatment of employees on the basis of race, religion, sex (including
gender, gender identity, gender expression, transgender, pregnancy and
breastfeeding), national origin, ancestry, disability, medical condition, genetic
characteristics or information, marital status, age (40 years and older ), or sexual
orientation (including homosexuality, bisexuality, or heterosexuality), military or
veteran status, denial of family and medical care leave, race, color, religion,
national origin, sex, sexual orientation, age, marital status, physical or ment al
disability, association membership or non-membership, or participation in the
activities of the Association.
42.2 There shall be no discrimination by the San Luis Obispo Police Officers
Association in treatment of employees on the basis of race, religion, sex
(including gender, gender identity, gender expression, transgender, pregnancy
and breastfeeding), national origin, ancestry, disability, medical condition, genetic
characteristics or information, marital status, age (40 years and older), or sexua l
orientation (including homosexuality, bisexuality, or heterosexuality), military or
veteran status, denial of family and medical care leave, race, color, religion,
national origin, sex, sexual orientation, age, marital status, physical or mental
disability, aAssociation membership or non-membership, or participation in the
activities of the Association.
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ARTICLE 43 - STAFFING
The current number of positions in the Police Department represented by the
Association is Forty-Five (45) Police Officers, Eleven (11) Communication Technicians,
One (1) Police Field Service Technician, Five (5) Police Records Clerks, One (1)
Property and Evidence Clerk, and One (1) Evidence Technician. If it becomes
necessary for the City to exercise its management right to change those staffing levels,
the City acknowledges its responsibility to meet and confer with the Association on the
impacts of any such changes.
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ARTICLE 44 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Association except as specifically referred to in this Agreement. The partie s, for
the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to
meet and confer with respect to any terms and conditions of employment specifically
referred to or covered in this Agreement. If, during the term of this Agr eement, the City
proposes changes to terms and conditions of employment not covered by this
Agreement and/or introduces new terms and conditions of employment that fall within
the statutory scope of bargaining, the Association will be afforded written noti ce of such
proposed changes and the right to meet and confer upon request prior to
implementation of the proposed changes.
During the term of this Agreement, upon request from either the City or the Association,
and to the extent required by law, the parties shall meet and confer in good faith
regarding implementation of the City’s new HRIS System with consideration of possibl e
adjustments to language or processes as they relate to payroll and human resources
practices.
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement su persedes
all previous Memoranda of Understanding or Memoranda of Agreement between the
City and the Association except as specifically referred to in this Agreement. The
parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the
obligation to negotiate with respect to any practice, subject or matter not specifically
referred to or covered in this Agreement even though such practice, subject or matter
may not have been within the knowledge of the parties at the time this Agree ment was
negotiated and signed. In the event any new practice or subject matter arises during
the term of this Agreement and an action is proposed by the City, the Association will be
afforded notice and shall have the right to meet and confer upon reques t.
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ARTICLE 45 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remaind er of this Agreement shall not be
affected thereby, and the parties shall enter into a meet and confer session for the sole
purpose of arriving at a mutually satisfactory replacement for such provision within a 30
day work period. If no agreement has been reached, the parties agree to invoke the
provision of impasse under Resolution 6620.
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ARTICLE 46 - RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon
the other its written request to negotiate. Such noti ce and proposals must be submitted
to the other party not less than 105 days prior to the end of the Agreement. If notice is
properly and timely given, negotiations shall commence no later than 90 days prior to
the end of the Agreement.
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ARTICLE 47 - TERM OF AGREEMENT
This Agreement shall become effective January 1, 2016July 1, 2018, and shall continue
in full force and effect until expiration at midnight, June 30, 201821.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are
shown in Appendix “A”.
2. This Agreement does not apply to temporary supplemental employees. This
Agreement was executed by the following parties:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
POLICE OFFICERS’ ASSOCIATION
_________________________________ ________________________________
Richard Bolanos, Chief Negotiator Stuart D. Adams, Chief Negotiator
_________________________________ ________________________________
Monica Irons, Human Resources Director Chris Chitty, SLOPOA President
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APPENDIX A - CLASSIFICATION
Non-Sworn Classifications
Communications Technician
Evidence Technician*
Police Field Service Technician*
Police Cadet
Police Records Clerk I*
Police Records Clerk II*
Property and Evidence Clerk*
* Denotes Non-Shift classifications
Sworn Classifications
Police Officer
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APPENDIX B - GRIEVANCE FORMS
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APPENDIX C – SALARY RANGE LISTING
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CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 ACCOUNTANT3020 305 MME 8810 Exempt 2 12,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ ACCOUNTING ASSISTANT I4020 417 CEA 8810 Non‐Exempt 6 11,606$ 1,690$ 1,779$ 1,873$ 1,972$ ‐$ ‐$ ‐$ ‐$ ACCOUNTING ASSISTANT II4030 419 CEA 8810 Non‐Exempt 6 11,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ ACCOUNTING ASSISTANT III4040 421 CEA 8810 Non‐Exempt 6 11,781$ 1,875$ 1,974$ 2,078$ 2,187$ ‐$ ‐$ ‐$ ‐$ ACCOUNTING MANAGER3011 347 MME 8810 Exempt 2 13,712$ 3,712$ 3,712$ 3,712$ 4,639$ ‐$ ‐$ ‐$ ‐$ ACTING FIRE CHIEF2610 272 DPH 7706 Exempt 1 15,494$ 5,494$ 5,494$ 5,494$ 6,870$ ‐$ ‐$ ‐$ ‐$ ACTIVE TRANSPORTATION MANAGER3261 325 MME 8810 Exempt 2 22,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ ADMINISTRATION EXECUTIVE ASSISTANT3520 365 CFE 8810 Non‐Exempt 6 11,971$ 2,075$ 2,184$ 2,299$ 2,420$ ‐$ ‐$ ‐$ ‐$ ADMINISTRATIVE ANALYST3029 305 MME 8810 Exempt 2 12,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ ADMINISTRATIVE ASSISTANT I4500 417 CEA 8810 Non‐Exempt 6 11,606$ 1,690$ 1,779$ 1,873$ 1,972$ ‐$ ‐$ ‐$ ‐$ ADMINISTRATIVE ASSISTANT II4510 419 CEA 8810 Non‐Exempt 6 11,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ ADMINISTRATIVE ASSISTANT III4520 423 CEA 8810 Non‐Exempt 6 11,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ APPLICATION SYSTEM SPECIALIST4368 439 CEA‐C 9410 Non‐Exempt 3 12,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ ASSISTANT CITY ATTORNEY3050 353 MME 8810 Exempt 2 13,950$ 3,950$ 3,950$ 3,950$ 4,936$ ‐$ ‐$ ‐$ ‐$ ASSISTANT CITY MANAGER2510 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ ASSISTANT PLANNER4080 432 CEA 8810 Non‐Exempt 5 102,371$ 2,496$ 2,627$ 2,765$ 2,910$ ‐$ ‐$ ‐$ ‐$ ASSISTANT TO THE CITY MANAGER3031 335 MME 8810 Exempt 2 13,304$ 3,304$ 3,304$ 3,304$ 4,128$ ‐$ ‐$ ‐$ ‐$ ASSOCIATE PLANNER4090 437 CEA 8810 Non‐Exempt 2 102,699$ 2,841$ 2,991$ 3,148$ 3,314$ ‐$ ‐$ ‐$ ‐$ BUDGET MANAGER3025 330 MME 8810 Exempt 2 13,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ BUILDING AND SAFETY SUPERVISOR3075 325 MME 9410 Exempt 2 102,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ BUILDING INSPECTOR I4100 432 CEA 9410 Non‐Exempt 3 102,371$ 2,496$ 2,627$ 2,765$ 2,910$ ‐$ ‐$ ‐$ ‐$ BUILDING INSPECTOR II4113 435 CEA 9410 Non‐Exempt 3 102,563$ 2,698$ 2,840$ 2,989$ 3,146$ ‐$ ‐$ ‐$ ‐$ BUSINESS ANALYST3026 315 MME‐C 8810 Exempt 2 12,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ CHIEF BUILDING OFFICIAL2537 244 MME 9410 Exempt 2 104,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ CITY ATTORNEY2020 210 APO 8810 Exempt 2 17,569$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ CITY BIOLOGIST3570 325 MME 9410 Exempt 2 62,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ CITY CLERK3035 340 MME 8810 Exempt 2 13,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ CITY COUNCIL MEMBER1030 104 CCM 8810 Exempt 1 1554$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ CITY MANAGER2010 220 APO 8810 Exempt 1 18,953$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ CLASSIFICATION AND COMPENSATION SPECIALIST3553 368 CFE‐C 8810 Non‐Exempt 5 12,040$ 2,147$ 2,260$ 2,379$ 2,504$ ‐$ ‐$ ‐$ ‐$ CODE ENFORCEMENT OFFICER I4114 432 CEA 9410 Non‐Exempt 3 102,371$ 2,496$ 2,627$ 2,765$ 2,910$ ‐$ ‐$ ‐$ ‐$ CODE ENFORCEMENT OFFIECR II4116 435 CEA 9410 Non‐Exempt 3 102,563$ 2,698$ 2,840$ 2,989$ 3,146$ ‐$ ‐$ ‐$ ‐$ CODE ENFORCEMENT SUPERVISOR3076 320 MME 9410 Exempt 2 102,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ CODE ENFORCEMENT TECHNICIAN I4117 421 CEA 9410 Non‐Exempt 3 101,781$ 1,875$ 1,974$ 2,078$ 2,187$ ‐$ ‐$ ‐$ ‐$ CODE ENFORCEMENT TECHNICIAN II4118 423 CEA 9410 Non‐Exempt 3 101,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ COMMUNCATIONS TECHNICIAN7010 712 POA 8810 Non‐Exempt 6 42,256$ 2,375$ 2,500$ 2,632$ 2,771$ 2,917$ 3,070$ ‐$ ‐$ COMMUNICATIONS MANAGER8056 856 PSO 8810 Exempt 2 43,290$ 3,463$ 3,645$ 3,837$ 4,039$ 4,252$ ‐$ ‐$ ‐$ Page 1 of 6Packet Page 325Item 18
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 COMMUNICATIONS SUPERVISOR8050 855 PSO 8810 Exempt 2 42,835$ 2,984$ 3,141$ 3,306$ 3,480$ 3,663$ ‐$ ‐$ ‐$ CONSTRUCTION ENGINEERING MANAGER3099 340 MME 9410 Exempt 2 23,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ CONTROL SYSTEMS ADMINISTRATOR4364 439 CEA 9420 Non‐Exempt 3 122,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ CONTROL SYSTEMS TECHNICIAN4363 435 CEA 9420 Non‐Exempt 3 122,563$ 2,698$ 2,840$ 2,989$ 3,146$ ‐$ ‐$ ‐$ ‐$ DATABASE ADMINISTRATOR4367 439 CEA 8810 Non‐Exempt 3 12,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ DEPUTY CITY CLERK I4536 423 CEA 8810 Non‐Exempt 5 11,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ DEPUTY CITY CLERK II4537 426 CEA 8810 Non‐Exempt 5 12,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF CDD ‐ DEVELOPMENT REVIEW2544 244 MME 8810 Exempt 1 104,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF CDD ‐ LONG RANGE PLANNING2545 244 MME 8810 Exempt 1 104,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF PUBLIC WORKS2565 244 MME 9410 Exempt 1 14,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER2555 249 MME 8810 Exempt 1 24,438$ 4,438$ 4,438$ 4,438$ 5,547$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF UTILITIES ‐ WASTEWATER2575 244 MME 9410 Exempt 1 134,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ DEPUTY DIRECTOR OF UTILITIES ‐ WATER2574 244 MME 9410 Exempt 1 124,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ DEPUTY FIRE CHIEF2615 257 MME 7706 Exempt 1 54,781$ 4,781$ 4,781$ 4,781$ 5,976$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF COMMUNITY DEVELOPMENT2550 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF FINANCE2533 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF HUMAN RESOURCES2540 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF PARKS AND RECREATION2590 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF PUBLIC WORKS2560 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ DIRECTOR OF UTILITIES2580 267 DPH 8810 Exempt 1 15,244$ 5,244$ 5,244$ 5,244$ 6,558$ ‐$ ‐$ ‐$ ‐$ ECONOMIC DEVELOPMENT MANAGER3120 340 MME 9410 Exempt 2 13,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ ENGINEER I4160 435 CEA 9410 Non‐Exempt 2 22,563$ 2,698$ 2,840$ 2,989$ 3,146$ ‐$ ‐$ ‐$ ‐$ ENGINEER II4161 439 CEA 9410 Non‐Exempt 2 22,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ ENGINEER III4162 442 CEA 9410 Non‐Exempt 2 23,073$ 3,235$ 3,405$ 3,584$ 3,773$ ‐$ ‐$ ‐$ ‐$ ENGINEERING INSPECTOR I4151 430 CEA 9410 Non‐Exempt 3 22,251$ 2,369$ 2,494$ 2,625$ 2,763$ ‐$ ‐$ ‐$ ‐$ ENGINEERING INSPECTOR II4152 433 CEA 9410 Non‐Exempt 3 22,433$ 2,561$ 2,696$ 2,838$ 2,987$ ‐$ ‐$ ‐$ ‐$ ENGINEERING INSPECTOR III4153 439 CEA 9410 Non‐Exempt 3 22,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ ENGINEERING INSPECTOR IV4154 442 CEA 9410 Non‐Exempt 3 23,073$ 3,235$ 3,405$ 3,584$ 3,773$ ‐$ ‐$ ‐$ ‐$ ENGINEERING TECHNICIAN I4170 423 CEA 8810 Non‐Exempt 3 21,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ ENGINEERING TECHNICIAN II4171 425 CEA 8810 Non‐Exempt 3 21,978$ 2,082$ 2,192$ 2,307$ 2,428$ ‐$ ‐$ ‐$ ‐$ ENGINEERING TECHNICIAN III4172 430 CEA 8810 Non‐Exempt 3 22,251$ 2,369$ 2,494$ 2,625$ 2,763$ ‐$ ‐$ ‐$ ‐$ ENVIRONMENTAL COMPLIANCE INSPECTOR4220 432 CEA 9410 Non‐Exempt 3 122,371$ 2,496$ 2,627$ 2,765$ 2,910$ ‐$ ‐$ ‐$ ‐$ ENVIRONMENTAL PROGRAMS MANAGER3171 325 MME 9410 Exempt 3 132,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ EVIDENCE TECHNICIAN7020 715 POA 9410 Non‐Exempt 3 43,012$ 3,171$ 3,338$ 3,514$ 3,699$ 3,894$ 4,099$ ‐$ ‐$ FACILITIES MAINTENANCE SUPERVISOR3070 315 MME 9420 Exempt 3 22,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ FACILITIES MAINTENANCE TECHNICIAN (SBP)4305 450 CEA 9420 Non‐Exempt8 21,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ FIRE BATTALION CHIEF5010 505 FBC 7706 Exempt 1 54,297$ 4,523$ 4,761$ 5,012$ 5,276$ 5,554$ ‐$ ‐$ ‐$ Page 2 of 6Packet Page 326Item 18
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 FIRE CAPTAIN6010 621 FFA 7706 Non‐Exempt 2 53,353$ 3,529$ 3,715$ 3,910$ 4,116$ ‐$ ‐$ ‐$ ‐$ FIRE CHIEF2610 272 DPH 7706 Exempt 1 15,494$ 5,494$ 5,494$ 5,494$ 6,870$ ‐$ ‐$ ‐$ ‐$ FIRE ENGINEER6020 615 FFA 7706 Non‐Exempt 3 52,869$ 3,020$ 3,179$ 3,346$ 3,522$ ‐$ ‐$ ‐$ ‐$ FIRE FIGHTER6040 612 FFA 7706 Non‐Exempt 4 52,384$ 2,649$ 2,788$ 2,935$ 3,089$ 3,252$ ‐$ ‐$ ‐$ FIRE INSPECTOR I6198 626 FFA 9410 Non‐Exempt 3 52,410$ 2,537$ 2,670$ 2,811$ 2,959$ ‐$ ‐$ ‐$ ‐$ FIRE INSPECTOR II6200 630 FFA 9410 Non‐Exempt 3 52,674$ 2,815$ 2,963$ 3,119$ 3,283$ ‐$ ‐$ ‐$ ‐$ FIRE INSPECTOR III6202 633 FFA 9410 Non‐Exempt 3 52,890$ 3,042$ 3,202$ 3,371$ 3,548$ ‐$ ‐$ ‐$ ‐$ FIRE MARSHAL3130 347 MME 9410 Exempt 1 13,712$ 3,712$ 3,712$ 3,712$ 4,639$ ‐$ ‐$ ‐$ ‐$ FIRE VEHICLE MECHANIC6030 616 FFA 9420 Non‐Exempt 7 52,940$ 3,095$ 3,258$ 3,429$ 3,609$ ‐$ ‐$ ‐$ ‐$ FLEET MAINTENANCE SUPERVISOR3350 315 MME 9420 Exempt 3 122,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ GIS SPECIALIST I4177 433 CEA 8810 Non‐Exempt 3 22,433$ 2,561$ 2,696$ 2,838$ 2,987$ ‐$ ‐$ ‐$ ‐$ GIS SPECIALIST II4178 437 CEA 8810 Non‐Exempt 3 22,699$ 2,841$ 2,991$ 3,148$ 3,314$ ‐$ ‐$ ‐$ ‐$ GOLF MAINTENANCE CREW COORDINATOR3161 426 CEA 9420 Non‐Exempt 8 62,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ HAZARDOUS MATERIALS COORDINATOR6165 617 FFA 9420 Non‐Exempt 3 53,456$ 3,638$ 3,829$ 4,031$ 4,243$ ‐$ ‐$ ‐$ ‐$ HEAVY EQUIPMENT MECHANIC4250 426 CEA 9420 Non‐Exempt 7 22,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ HOUSING PROGRAMS MANAGER3168 320 MME 8810 Exempt 2 102,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT I3532 360 CFE 8810 Non‐Exempt 6 11,654$ 1,741$ 1,833$ 1,929$ 2,031$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT II3534 363 CFE 8810 Non‐Exempt 6 11,741$ 1,833$ 1,929$ 2,030$ 2,137$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES ADMINISTRATIVE ASSISTANT III3536 365 CFE 8810 Non‐Exempt 6 11,971$ 2,075$ 2,184$ 2,299$ 2,420$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES ANALYST I3240 305 MME 8810 Exempt 2 12,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES ANALYST II3245 315 MME 8810 Exempt 2 12,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES MANAGER3320 325 MME 8810 Exempt 2 12,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ HUMAN RESOURCES SPECIALIST3552 368 CFE 8810 Non‐Exempt 5 12,040$ 2,147$ 2,260$ 2,379$ 2,504$ ‐$ ‐$ ‐$ ‐$ INFORMATION TECHNOLOGY ASSISTANT4255 423 CEA 8810 Non‐Exempt 3 11,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ INFORMATION TECHNOLOGY MANAGER3180 353 MME 8810 Exempt 2 13,950$ 3,950$ 3,950$ 3,950$ 4,936$ ‐$ ‐$ ‐$ ‐$ INFORMATION TECHNOLOGY SUPERVISOR3145 325 MME 8810 Exempt 2 22,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ INFORMATION TECHNOLOGY SUPPORT SERVICES SUPERVISOR3179 305 MME 8810 Exempt 2 12,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ INTERIM DEPUTY CITY MANAGER3034 244 MME 8810 Exempt 1 14,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ INTERIM DEPUTY DIRECTOR ‐ SUSTAINABILITY3201 244 MME 8810 Exempt 2 64,227$ 4,227$ 4,227$ 4,227$ 5,281$ ‐$ ‐$ ‐$ ‐$ INTERIM INFORMATION TECHNOLOGY SUPERVISOR3181 335 MME 8810 Exempt 2 13,304$ 3,304$ 3,304$ 3,304$ 4,128$ ‐$ ‐$ ‐$ ‐$ LABORATORY ANALYST (SBP)4775 456 CEA 9410 Non‐Exempt 3 132,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$ LABORATORY MANAGER3185 330 MME 9410 Exempt 3 123,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ LEAD NETWORK ADMINISTRATOR4369 441 CEA 8810 Non‐Exempt 3 12,993$ 3,151$ 3,317$ 3,492$ 3,676$ ‐$ ‐$ ‐$ ‐$ LEGAL ASSISTANT3541 363 CFE 8810 Non‐Exempt 6 11,741$ 1,833$ 1,929$ 2,030$ 2,137$ ‐$ ‐$ ‐$ ‐$ LEGAL ASSISTANT/PARALEGAL3542 369 CFE 8810 Non‐Exempt 6 12,151$ 2,264$ 2,383$ 2,508$ 2,640$ ‐$ ‐$ ‐$ ‐$ MAINTENANCE WORKER I4290 417 CEA 9420 Non‐Exempt 8 21,606$ 1,690$ 1,779$ 1,873$ 1,972$ ‐$ ‐$ ‐$ ‐$ MAINTENANCE WORKER II ‐ PARKS4320 419 CEA 9420 Non‐Exempt 8 21,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ Page 3 of 6Packet Page 327Item 18
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 MAINTENANCE WORKER III ‐ PARKS4330 421 CEA 9420 Non‐Exempt 8 21,781$ 1,875$ 1,974$ 2,078$ 2,187$ ‐$ ‐$ ‐$ ‐$ MANAGEMENT FELLOW3000 300 CFE‐C 8810 Non‐Exempt 5 11,924$ 2,025$ 2,132$ 2,244$ 2,362$ MAYOR1010 110 CCM 8810 Exempt 1 1693$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ MECHANIC HELPER4251 417 CEA 7706 Non‐Exempt 7 51,606$ 1,690$ 1,779$ 1,873$ 1,972$ ‐$ ‐$ ‐$ ‐$ NATURAL RESOURCES MANAGER3200 340 MME 8810 Exempt 2 63,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ NEIGHBORHOOD OUTREACH MANAGER3210 320 MME 8810 Exempt 2 12,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ NETWORK ADMINISTRATOR4366 439 CEA 8810 Non‐Exempt 3 12,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ NETWORK SERVICES SUPERVISOR3155 330 MME 8810 Exempt 2 13,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ NETWORK TECHNICIAN4256 425 CEA 8810 Non‐Exempt 3 11,978$ 2,082$ 2,192$ 2,307$ 2,428$ ‐$ ‐$ ‐$ ‐$ PARKING COORDINATOR4380 426 CEA 9420 Non‐Exempt 5 22,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ PARKING ENFORCEMENT OFFICER I4390 420 CEA 9420 Non‐Exempt 3 21,736$ 1,827$ 1,923$ 2,024$ 2,131$ ‐$ ‐$ ‐$ ‐$ PARKING ENFORCEMENT OFFICER II4391 423 CEA 9420 Non‐Exempt 3 21,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ PARKING METER REPAIR WORKER4370 421 CEA 9420 Non‐Exempt 7 21,781$ 1,875$ 1,974$ 2,078$ 2,187$ ‐$ ‐$ ‐$ ‐$ PARKING SERVICES MANAGER3220 330 MME 9410 Exempt 2 23,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ PARKING SERVICES SUPERVISOR3225 305 MME 9410 Exempt 2 22,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ PARKS CREW COORDINATOR4340 451 CEA 9420 Non‐Exempt 8 22,196$ 2,312$ 2,434$ 2,562$ 2,697$ ‐$ ‐$ ‐$ ‐$ PARKS MAINTENANCE SPECIALIST (SBP)4339 446 CEA 9420 Non‐Exempt 8 21,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$ PARKS MAINTENANCE SUPERVISOR3040 315 MME 9420 Exempt 3 22,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ PERMIT SERVICES COORDINATOR3115 305 MME 8810 Exempt 2 102,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ PERMIT TECHNICIAN I4105 419 CEA 8810 Non‐Exempt 5 101,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ PERMIT TECHNICIAN II4106 423 CEA 8810 Non‐Exempt 7 11,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ PLANNING TECHNICIAN4070 423 CEA 8810 Non‐Exempt 5 101,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ PLANS EXAMINER4115 437 CEA 8810 Non‐Exempt 3 102,699$ 2,841$ 2,991$ 3,148$ 3,314$ ‐$ ‐$ ‐$ ‐$ POLICE CADET7030 706 POA 7720 Non‐Exempt 4 42,085$ 2,195$ 2,311$ 2,433$ 2,561$ 2,696$ 2,838$ ‐$ ‐$ POLICE CAPTAIN8040 810 PSO 7720 Exempt 1 45,075$ 5,342$ 5,623$ 5,919$ 6,230$ 6,558$ ‐$ ‐$ ‐$ POLICE CHIEF2600 279 DPH 9410 Exempt 1 16,266$ 6,266$ 6,266$ 6,266$ 7,832$ ‐$ ‐$ ‐$ ‐$ POLICE FIELD SERVICES TECHNICIAN7040 709 POA 9410 Non‐Exempt 3 42,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ ‐$ ‐$ POLICE LIEUTENANT8030 805 PSO 7720 Exempt 2 44,412$ 4,644$ 4,888$ 5,145$ 5,416$ 5,701$ ‐$ ‐$ ‐$ POLICE OFFICER7510 720 POA 7720 Non‐Exempt 4 42,722$ 2,865$ 3,016$ 3,175$ 3,342$ 3,518$ 3,703$ 3,898$ 4,103$ POLICE RECORDS CLERK I7050 700 POA 8810 Non‐Exempt 6 41,693$ 1,782$ 1,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ POLICE RECORDS CLERK II7060 703 POA 8810 Non‐Exempt 6 41,876$ 1,975$ 2,079$ 2,188$ 2,303$ 2,424$ 2,552$ ‐$ ‐$ POLICE RECORDS SUPERVISOR8045 850 PSO 8810 Exempt 2 42,557$ 2,692$ 2,834$ 2,983$ 3,140$ 3,305$ ‐$ ‐$ ‐$ POLICE SERGEANT8010 800 PSO 7720 Non‐Exempt 3 43,835$ 4,037$ 4,249$ 4,473$ 4,708$ 4,956$ ‐$ ‐$ ‐$ PRINCIPAL PLANNER3341 340 MME 8810 Exempt 2 103,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ PROPERTY AND EVIDENCE CLERK7043 709 POA 8810 Non‐Exempt 3 42,202$ 2,318$ 2,440$ 2,568$ 2,703$ 2,845$ 2,995$ ‐$ ‐$ PURCHASING ANALYST3021 305 MME 8810 Exempt 2 12,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ RANGER MAINTENINANCE WORKER4335 419 CEA 9420 Non‐Exempt 8 61,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ Page 4 of 6Packet Page 328Item 18
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 RECREATION COORDINATOR4460 426 CEA 9420 Non‐Exempt 5 62,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ RECREATION MANAGER3290 320 MME 8810 Exempt 2 62,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ RECREATION SUPERVISOR3300 305 MME VARIES Exempt 2 62,465$ 2,465$ 2,465$ 2,465$ 3,081$ ‐$ ‐$ ‐$ ‐$ SAFETY AND TECHNICAL TRAINING ENGINEER3405 320 MME 9410 Exempt 2 22,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ SENIOR ACCOUNTANT3100 315 MME 8810 Exempt 2 12,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ SENIOR ADMINISTRATIVE ANALYST3030 315 MME 8810 Exempt 2 12,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ SENIOR CIVIL ENGINEER3335 330 MME 9410 Exempt 2 23,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ SENIOR PLANNER3326 320 MME 8810 Exempt 2 102,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ SIGNAL AND STREETLIGHT TECHNICIAN4540 430 CEA 9420 Non‐Exempt 3 22,251$ 2,369$ 2,494$ 2,625$ 2,763$ ‐$ ‐$ ‐$ ‐$ STREET SUPERVISOR3331 315 MME 9420 Exempt 3 22,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ STREETS CREW COORDINATOR4365 451 CEA 9420 Non‐Exempt 7 22,196$ 2,312$ 2,434$ 2,562$ 2,697$ ‐$ ‐$ ‐$ ‐$ STREETS MAINTENANCE OPERATOR (SBP)4360 446 CEA 9420 Non‐Exempt 8 21,610$ 1,695$ 1,784$ 1,878$ 1,977$ 2,081$ 2,190$ 2,305$ 2,426$ SUPERVISING ACCOUNTING ASSISTANT4525 426 CEA 8810 Non‐Exempt 6 12,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ SUPERVISING ADMINISTRATIVE ASSISTANT4530 426 CEA 8810 Non‐Exempt 6 12,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ SUPERVISING CIVIL ENGINEER3340 340 MME 9410 Exempt 2 23,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ SUPERVISING UTILITY BILLING ASSISTANT4526 426 CEA 8810 Non‐Exempt 6 12,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ SUSTAINABILITY MANAGER3442 325 MME 8810 Exempt 2 12,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ SWEEPER OPERATOR4230 422 CEA 9420 Non‐Exempt 8 21,828$ 1,924$ 2,025$ 2,132$ 2,244$ ‐$ ‐$ ‐$ ‐$ SYSTEMS INTEGRATION ADMINISTRATOR4369 439 CEA 8810 Non‐Exempt 3 12,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ TECHNOLOGY PROJECT MANAGER3441 325 MME‐C 8810 Exempt 2 12,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ TOURISM COORDINATOR4033 426 CEA 8810 Non‐Exempt 5 12,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ TOURISM MANAGER3033 320 MME 8810 Exempt 2 12,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ TRANSIT ASSISTANT4143 423 CEA 8810 Non‐Exempt 6 21,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ TRANSIT COORDINATOR4145 426 CEA 9410 Non‐Exempt 6 22,029$ 2,136$ 2,248$ 2,366$ 2,491$ ‐$ ‐$ ‐$ ‐$ TRANSIT MANAGER3360 330 MME 9410 Exempt 2 23,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ TRANSPORTATION ASSISTANT4140 423 CEA 9410 Non‐Exempt 6 21,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ TRANSPORTATION MANAGER3262 340 MME 9410 Exempt 2 23,468$ 3,468$ 3,468$ 3,468$ 4,335$ ‐$ ‐$ ‐$ ‐$ TRANSPORTATION PLANNER‐ENGINEER I4163 435 CEA 9410 Non‐Exempt 2 22,563$ 2,698$ 2,840$ 2,989$ 3,146$ ‐$ ‐$ ‐$ ‐$ TRANSPORTATION PLANNER‐ENGINEER II4164 439 CEA 9410 Non‐Exempt 2 22,843$ 2,993$ 3,150$ 3,316$ 3,490$ ‐$ ‐$ ‐$ ‐$ TRANSPORTATION PLANNER‐ENGINEER III4165 442 CEA 9410 Non‐Exempt 2 23,073$ 3,235$ 3,405$ 3,584$ 3,773$ ‐$ ‐$ ‐$ ‐$ UNDERGROUND UTITIES LOCATOR4575 423 CEA 9420 Non‐Exempt 7 121,876$ 1,975$ 2,079$ 2,188$ 2,303$ ‐$ ‐$ ‐$ ‐$ URBAN FOREST SUPERVISOR/CITY ARBORIST3045 315 MME 9420 Exempt 3 22,719$ 2,719$ 2,719$ 2,719$ 3,396$ ‐$ ‐$ ‐$ ‐$ URBAN FORESTER (SBP)4570 450 CEA 9420 Non‐Exempt 8 21,789$ 1,883$ 1,982$ 2,086$ 2,196$ 2,312$ 2,434$ 2,562$ 2,697$ UTILITIES BUSINESS MANAGER3175 330 MME 8810 Exempt 2 123,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ UTILITIES ENGINEER3380 330 MME 9410 Exempt 2 23,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ UTILITIES PROJECTS MANAGER3400 330 MME 9410 Exempt 2 123,146$ 3,146$ 3,146$ 3,146$ 3,931$ ‐$ ‐$ ‐$ ‐$ UTILITY BILLING ASSISTANT4021 419 CEA 8810 Non‐Exempt 6 11,691$ 1,780$ 1,874$ 1,973$ 2,077$ ‐$ ‐$ ‐$ ‐$ Page 5 of 6Packet Page 329Item 18
CITY OF SAN LUIS OBISPO REGULAR AND CONTRACT SALARY SCHEDULEAdopted by Council 10/16/18 Title Class ScheduleBargaining UnitWC CodeExempt/ Non‐ExemptEEO Category EEO Function Biweekly Step 1 Biweekly Step 2 Biweekly Step 3 Biweekly Step 4 Biweekly Step 5 Biweekly Step 6 Biweekly Step 7 Biweekly Step 8 Biweekly Step 9 WASTEWATER COLLECTION SYSTEM OPERATOR (SBP)4771 452 CEA 9420 Non‐Exempt 7 132,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$ WASTEWATER COLLECTION SYSTEM SUPERVISOR3420 325 MME 9420 Exempt 7 122,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ WATER DISTRIBUTION CHIEF OPERATOR4179 437 CEA 9420 Non‐Exempt 7 122,699$ 2,841$ 2,991$ 3,148$ 3,314$ ‐$ ‐$ ‐$ ‐$ WATER DISTRIBUTION SUPERVISOR3430 325 MME 9420 Exempt 3 122,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ WATER DISTRIBUTION SYSTEM OPTERATOR (SBP)4773 452 CEA 9420 Non‐Exempt 7 122,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$ WATER RESOURCE PROGRAM MANAGER3372 320 MME 9410 Exempt 2 122,853$ 2,853$ 2,853$ 2,853$ 3,566$ ‐$ ‐$ ‐$ ‐$ WATER RESOURCE RECOVERY FACILITY CHIEF MAINTENANCE TECHNICIAN 4685 444 CEA 9420 Non‐Exempt 7 132,879$ 3,031$ 3,190$ 3,358$ 3,535$ ‐$ ‐$ ‐$ ‐$ WATER RESOURCE RECOVERY FACILITY CHIEF OPERATOR4795 445 CEA 9420 Non‐Exempt 7 133,033$ 3,193$ 3,361$ 3,538$ 3,724$ ‐$ ‐$ ‐$ ‐$ WATER RESOURCE RECOVERY FACILITY MAINTENANCE TECHNICIAN (SBP) 4777 456 CEA 9420 Non‐Exempt 7 132,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$ WATER RESOURCE RECOVERY FACILITY OPERATOR (SBP)4778 456 CEA 9420 Non‐Exempt 7 132,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$ WATER RESOURCE RECOVERY FACILITY PLANT SUPERVISOR3410 335 MME 9420 Exempt 3 133,304$ 3,304$ 3,304$ 3,304$ 4,128$ ‐$ ‐$ ‐$ ‐$ WATER RESOURCES TECHNICIAN4580 430 CEA 9420 Non‐Exempt 3 122,251$ 2,369$ 2,494$ 2,625$ 2,763$ ‐$ ‐$ ‐$ ‐$ WATER SUPPLY OPERATOR (SBP)4774 452 CEA 9420 Non‐Exempt 7 122,010$ 2,116$ 2,227$ 2,344$ 2,467$ 2,597$ 2,734$ 2,878$ 3,029$ WATER TREATMENT PLAN CHIEF OPERATOR4790 445 CEA 9420 Non‐Exempt 7 123,033$ 3,193$ 3,361$ 3,538$ 3,724$ ‐$ ‐$ ‐$ ‐$ WATER TREATMENT PLAN OPERATOR (SBP)4776 456 CEA 9420 Non‐Exempt 7 122,290$ 2,411$ 2,538$ 2,672$ 2,813$ 2,961$ 3,117$ 3,281$ 3,454$ WATER TREATMENT PLANT CHIEF MAINTENANCE TECHNICIAN4781 444 CEA 9420 Non‐Exempt 7 122,879$ 3,031$ 3,190$ 3,358$ 3,535$ ‐$ ‐$ ‐$ ‐$ WATER TREATMENT PLANT SUPERVISOR3460 335 MME 9420 Exempt 3 123,304$ 3,304$ 3,304$ 3,304$ 4,128$ ‐$ ‐$ ‐$ ‐$ WHALE ROCK RESERVOIR SUPERVISOR3450 325 MME 9420 Exempt 3 122,997$ 2,997$ 2,997$ 2,997$ 3,745$ ‐$ ‐$ ‐$ ‐$ Page 6 of 6Packet Page 330Item 18
Supplemental Employee Salary Schedule
CLASSIFICATION WC CLASS SCHEDULE STEPS IN RANGE
12345
11.00$ 11.00$ 11.00$ 11.24$ 11.68$
Aquatics Cashier 5 6 8810
Aquatics Maintenance Worker 5 6 9410
Building & Safety Intern 5 10 8810
*Childcare Aide/Camp Counselor 5 6 9410
Facility Host 5 6 9410
*Jr. Giants Coach 5 6 9410
*Pro-shop Staff 5 6 8810
*Seasonal Maintenance Worker Golf 8 6 9410
*Skate Park Attendant 5 6 9410
Student Intern 5 1 8810
*Teen Leader 5 6 9410
*Youth/Adult Sports Official 5 6 9410
12345
11.00$ 11.24$ 11.78$ 12.37$ 12.85$
*Childcare Teacher/Lead Camp Counselor 5 6 9410
CIP Engineering Assistant/Intern 3 2 8810
Event Planner 5 6 9410
Facility Lead 5 6 9410
Fire Intern 3 5 9410
Garden Assistant 5 6 9410
Hydrant Maintenance Worker 3 5 9410
*Jr. Giants Coordinator 5 6 9410
*Lifeguard 5 6 9410
Parking Booth Attendant 8 2 9410
*Pro-shop Lead 6 6 8810
Recreation Support Staff 5 6 9410
*Skate Park Ambassador 5 6 9410
*Skate Park Lead 5 6 9410
*Special Needs Support Staff 5 6 9410
Student Intern 6 1 8810
Transportation Eng. Intern 3 2 8810
Triathlon Lead 5 6 9410
12345
11.78$ 12.37$ 12.96$ 13.61$ 14.14$
Administrative Assistant (Golf)6 6 8810
Attorney Intern 5 1 8810
*Childcare Head Teacher 5 6 9410
Computer Training Instructor 6 6 8810
Contract Classes Coordinator 5 6 8810
Database Intern 3 1 8810
Engineering Assistant 3 2 8810
*Head Lifeguard 5 6 9410
Human Resources Intern 5 1 8810
IT Intern 3 1 8810
*Park Ranger 1 8 6 9420
*Pro-Shop Assistant 6 6 8810
Pub Ed Coordinator (FD) 5 5 8810
Senior Services Program Asst 5 6 8810
*Swim Instructor 5 6 9410
*Club STAR Director 5 6 9410
12345
12.96$ 13.61$ 14.25$ 14.97$ 15.55$
Facilities Assistant 5 6 9410
Lead Parking Attendant 8 2 9410
*Park Ranger 2 8 6 9420
SNAP 1 3 4 9410
12345
14.25$ 14.97$ 15.68$ 16.46$ 17.10$
Admin Asst 6 1 9410
*Aquatics Specialist (LBT) 5 6 9410
Parks Maintenance Worker 8 2 9420
Admin and CommunicaitonsSpecialist (LBT) 5 6 9410
Community Services Specialist (LBT) 5 6 9410
Facilities Specialist (LBT) 5 6 9410
Program Specialist (LBT)5 6 9410
*Ranger Service Specialist x2 (LBT) 8 6 9420
Recording Secretary 6 10 8810
SNAP II 3 4 9410
*Sports Specialist (LBT) 5 6 9410
Tree Climber Assistant 8 2 9420
WRF Lab (20 hr. max weekly) 3 13 9410
*Youth Services Specialist x6 (LBT) 5 6 9410
12345
15.68$ 16.46$ 17.25$ 18.11$ 18.81$
Accounting Assistant 3 1 8810
Adult Sports Official 5 6 9410
IT Assistant/Help Desk 3 1 8810
Key
Blue = P&R Positions
* = Classifications that work with children (AB 218
doesn't apply)
EEO FUNCTION &
CATEGORY
City Worker 2 EEO
Category
EEO
Function 9020 905
City Worker 3 EEO
Category
EEO
Function 9180 909
WC Code
WC Code
City Worker 4 EEO
Category
EEO
Function 9240 913
City Worker 5 EEO
Category
EEO
Function 9210 917
WC Code
WC Code
City Worker 6 EEO
Category
EEO
Function 9250 921
City Worker 7 EEO
Category
EEO
Function 9220 925
WC Code
WC Code
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Item 18
Maint Wker - Pool 8 6 9410
Maint Wker - Streets (Farmers Market) 8 2 9410
Police Operations Support Specialist 3 4 8810
SNAP III 3 4 9410
12345
17.25$ 18.11$ 18.97$ 19.92$ 20.70$
Parks Maintenance Worker II 8 2 9420
Legal Assistant 5 1 8810
*Special Swim Instructor (swim & classes) 5 6 9410
12345
18.97$ 19.92$ 20.87$ 21.91$ 22.76$
Admin Asst 1 6 1 8810
Legal Assistant 5 1 8810
GIS Technician 3 1 8810
Parking Enforcement Officer 3 2 9410
Maintenance Worker - Streets/Asphalt 8 2 9420
12345
20.87$ 21.91$ 22.95$ 24.10$ 25.04$
Administrative Hearing Officer 3 2 8810
Heavy Equipment Mechanic 7 2 9420
Administrative Assistant 6 1 8810
Landscape Inspector 3 2 9410
Maintenance Worker III 8 2 9420
Parking Meter Repair Worker 7 2 9410
Permit Technician I 5 10 8810
Planning Technician 5 10 8810
Signal & Strlight Tech 7 2 9410
WasteWater Collection Temp 7 13 9420
12345
22.95$ 24.10$ 25.25$ 26.51$ 27.55$
Bicycle Programs Assistant 5 2 8810
Engineering Technician 3 2 8810
Paralegal 5 1 8810
Planning Technician - Senior 5 10 8810
Utilities Services Tech (Entry Level)3 13 9420
WRRF Operator Temp 7 13 9420
Water Treatment Plant Trainee 7 13 9420
12345
25.25$ 26.51$ 27.78$ 29.16$ 30.30$
Assistant Planner 5 10 8810
Fire Inspector 3 5 9410
WRRF Operator Temp 7 13 9420
Urban Forest Inspector 3 2 9410
Utilities Services Tech (Senior)3 13 9420
12345
27.78$ 29.16$ 30.55$ 32.08$ 33.33$
Building Inspector 3 10 9410
12345
30.55$ 32.08$ 33.61$ 35.29$ 36.66$
Accountant 2 1 8810
Associate Planner 3 10 8810
Crime Analyst 2 4 8810
Database Administrator 3 1 8810
Plans Examiner 3 10 8810
Transportation Planner-Enginner I 2 2 9410
12345
33.61$ 35.29$ 36.97$ 38.82$ 40.33$
Engineer II 2 4 9410
Senior Accountant 2 1 8810
Process Improvement Analyst 2 1 8810
Transit Manager 2 12 9410
12345
36.97$ 38.82$ 40.67$ 42.70$ 44.36$
City Clerk Project Consultant 2 1 8810
12345
44.91$ 46.06$
Finance Consultant 2 1 8810
12345
74.30$
Parking Budget Specialist 2 1 8810
12345
13.04$ 14.20$ 16.00$ 17.98$ 20.10$
Mutual Aid (GS 1-5) 2 5 9420
12345
22.40$ 24.90$ 27.57$ 30.45$ 33.54$
Mutual Aid (GS 6-10) 2 5 9420
12345
36.84$ 44.16$ 52.51$ 62.05$ 72.99$
Mutual Aid (GS 11-15) 2 5 9420
City Worker - Hourly 12345
Commissioner 6 10 8810 9900 990 60.00$
Hazard Mat. Team Business Mgr 3 5 8810 9260 940 28.00$ 29.00$ 30.00$
Engineering Consultant 3 2 8810 9451 950 48.99$ 51.56$ 55.00$ 65.00$ 75.00$
Interim Assistant City Attorney 2 1 8810 9453 953 100.00$
PERS RETIRED ANNUITANTS
12345
Pkg Enforce. Officer (PERS Retiree) 3 2 9410 21.91$ 22.95$ 24.10$ 25.04$
City Worker 10 EEO
Category
EEO
Function WC Code 9258 937
City Worker 8
*1-2 years experience
EEO
Category
EEO
Function 9230 929
City Worker 9
*2 years experience
EEO
Category
EEO
Function 9330 933
WC Code
WC Code
City Worker 10
*2‐4 years experience
EEO
Category
EEO
Function 9258 937
City Worker 11 EEO
Category
EEO
Function 9410 941
WC Code
WC Code
City Worker 12
*AA, 5 yrs. exp, certifications
EEO
Category
EEO
Function 9460 945
City Worker 13 EEO
Category
EEO
Function 9465 965
WC Code
WC Code
City Worker 14 EEO
Category
EEO
Function 9470 966
City Worker 15
*4 yr degree , 2 yr exp, certs
EEO
Category
EEO
Function 9480 967
WC Code
WC Code
City Worker 16 EEO
Category
EEO
Function 9490 968
City Worker 17 EEO
Category
EEO
Function 9495 961
WC Code
WC Code
City Worker 18 EEO
Category
EEO
Function 9496 991
City Worker 19 EEO
Category
EEO
Function 9497 993
WC Code
WC Code
City Worker 20 EEO
Category
EEO
Function 9498 994
City Worker 21 EEO
Category
EEO
Function 9499 995
WC Code
WC Code
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Item 18
12345
26.51$ 27.55$
IT Assistant (PERS Retiree) 3 1 8810 24.10$ 25.25$ 26.51$ 27.55$
Super. Admin Asst Temp (PERS Retiree)6 1 8810 26.51$ 27.55$
12345
33.61$ 35.29$ 36.97$ 38.82$ 40.33$
Senior Admin Analyst (PERS Retiree)2 1 8810
12345
Temp Senior Civil Engineer (PERS Retiree) 2 2 9410 9455 969 44.53$ 46.76$
Adopted by Council 10/16/2018
City Worker 21 EEO
Category
EEO
Function WC Code 9499 995
City Worker 11 EEO
Category
EEO
Function WC Code 9410 941
City Worker 15
*4 yr degree , 2 yr exp, certs
EEO
Category
EEO
Function WC Code 9480 967
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Item 18
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Item 18
Meeting Date: 10/16/2018
FROM: Deanna Cantrell, Chief of Police
Prepared By: Christine Wallace, Neighborhood Outreach Manager
SUBJECT: PARTY REGISTRATION PROGRAM
RECOMMENDATION
1.Receive an update o n the party registration pilot program.
2.Adopt a Resolution approving party registration as a permanent, no cost, voluntary program
to be managed by the Police Department. (Attachment A)
DISCUSSION
Background
The purpose of this item is to provide an update to the City Council on the first year of the pilot
party registration program. This program was modeled after other programs in the United States
(i.e. Boulder, etc.) to further implement the City’s ongoing efforts to address community
concerns about noise in neighborhoods.
Through those efforts, many initiatives were put forth to enhance or improve the quality of life in
the City’s residential neighborhoods. Several are direct ly related to the City’s “town/gown”
dynamics. In addition, the Neighborhood Wellness/Community Civility Working Group was
formed in 2013 to also address quality of life in City neighborhoods. The party registration
program was one of the recommendations developed by the Civility Working Group that was
selected by the City Council for implementation.
A variety of resident, student and governmental organizations have worked towards
implementing quality of life programs that have had measurable improvements in neighborhoods
which include:
•Noise ordinance amendment – 2010
•Unruly gathering ordinance adopted and amended- 2010, 2015
•Social host ordinance – 2010
•Safety Enhancement Zone amendments – 2010, 2013
•Proactive code enforcement for neighborhood blight – 2012
•Clean Up week improvements – 2013
•Neighborhood Officer Program – 2013
•Neighborhood Walk & Talks – 2013
•SLOPD/Cal Poly MOU – 2015
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Item 19
Cal Poly University and Cuesta College have proven to be excellent partners in these initiatives
in assisting with information distribution, student group presentation facilitation and the creation
of programs to hold students accountable for off campus behavior that negatively impacts the
neighborhoods.
The chart below shows noise complaint data from 2009-2017, but it should be noted that the total
complaints in 2017 dropped below 1,500 for the first time since 1998.
NSPY – Noise Party
DAC – Disturbance Advisement Card warning
CITE – Citation
In January 2017, staff presented Council with a study session on party registration programs
which was the final City-led recommendation of the Civility Report (Attachment B). On May 4,
2017, Council approved a voluntary party r egistration pilot program. The purpose of the party
registration program is to provide event hosts with a voluntary opportunity to register their event
with the Police Department. In case of a noise complaint, the host would be granted a
notification/warning phone call to end the noise within 20 minutes. Should the noise continue,
and further complaints are received, the host would be issued a citation if patrol found the noise
to be in violation of the noise ordinance.
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Item 19
Pilot Program Review
The pilot program launched on May 5, 2017. The data below provides the breakdown of
registrations received and the outcome from May 5, 2017 to September 22, 2018:
Submitted Approved Denied Warning Call Citation
88 69 19 8 1
Eight (8) applications were denied because the properties were on the “no warning” list and
eleven (11) were denied because t he registration applications were submitted late. The citation
that was issued was not appealed. The majority of registered parties had no complaints and/or
subsequent warnings. While the majority of events being registered are from applicants between
the ages of 18 and 24, registrations have also been received for wedding receptions, birthday
parties and dinner parties.
Party Registration applications are reviewed weekly (Attachment C). Applications that are
approved are entered in the Police Department’s Spillman system by the Neighborhood Outreach
Manager. The information is accessible to Dispatch who receives noise complaints and cross
checks the complaint with the registered party entries and makes the warning call if an event is
registered. Results of registered party complaints are compiled weekly.
Once an application is approved, an email is sent to the applicant informing them of the approval
and includes the link to the program guidelines. When an application is denied, an email is sent
to the app licant with the reason for denial and an invitation to reply or call if the individual has
questions.
Staff considers the pilot program a success. Party registration has provided residents with a tool
that encourages thoughtful social event planning and well managed events. The data provided for
registered events show that registrants are making efforts to have little to no impact on their
neighborhoods with regards to noise. 89% of registered parties received no warning phone calls
or citations.
Program Guidelines
As approved by Council in May 2017, the pilot program guidelines are as follows:
1. Registrants must be at least 18 years old.
2. All party registrations must be submitted no later than one week in advance.
3. Registration applications must be submitt ed in person at the Police Department. A photo ID
is required when submitting the application.
4. Registrants must be a resident of the property being registered. Registrants may not register
someone else’s party.
5. Registrations may only be submitted for event s taking place on Friday or Saturday. Sundays
may be registered if the following Monday is a holiday.
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Item 19
6. Events starting earlier than 8:00 am will not be permitted in the program.
7. Registration is only valid on the date listed on the form.
8. Registration information will be given to the dispatch center. If a noise complaint is received,
a dispatcher will call the phone number listed on the registration form to inform the registrant
of the complaint.
9. Registered parties will only receive one (1) telephone warning; subsequent complaints at the
same location will require police response.
10. Registrant will have 20 minutes to end the noise.
11. If the registrant fails to answer the warning phone call, police will be dispatched to the
location and a citation will be issued if the violation is verified.
12. If the registrant fails to end the noise within 20 minutes of the first phone call and a second
complaint is received, police will be dispatched, and a citation will be issued if the violation
is verified.
13. Criminal or municipal violations other than noise may result in police response without a
telephone warning. These violations may include, but are not limited to: fights, public
urination, parking violations, open container, underage consumption, unruly gathering and
social host (providing alcohol to underage individuals).
14. Common area parties may not be registered.
15. Amplified music must be inside the house.
16. Houses that receive two phone warnings for separately registered parties lose registration
privileges for nine (9) months aft er the second occurrence.
17. Properties that are on the premises (no warning) list may not be registered for parties.
(Exception: Use permitted fraternity and sorority houses may register events if they have not
had a noise violation in the preceding nine (9) months.)
18. Individuals who have received a noise violation citation or unruly gathering citation may not
register a party within nine (9) months of the citation.
19. Registrants that have been issued an unruly gathering citation are disallowed to register a
party.
Public Engagement
Staff solicited feedback from neighborhood groups, the Student Community Liaison Committee,
and student organizations and the following recommendations were provided:
• Change “house” to “property” throughout the guidelines to ensure exclusions don’t happen
based on type of residence being registered.
• Add the end time of “2 am” to #6.
• Add online registration as an option.
• Include the non-emergency phone number for SLOPD to the Guidelines.
• Include recommendations on how to have a successful event to Guidelines.
• Include language on the application to indicate the applicant understand the guidelines of the
program.
• Offer three (3) phone call warnings instead of two (2) as listed in #16.
Student organizations and the Student Community Liaison Committee expressed a strong desire
to retain the program and appreciated having the ability to make adjustments to their events to
Packet Page 338
Item 19
avoid citation fines.
Staff recommends the guidelines be amended to include the feedback provided above with the
exception of offering three phone warnings for #16. Staff’s experience is that , offering more than
two phone warnings lessens the accountability to party registrants. Also, staff recommends
providing both online and in-office registration as to not exclude residents that lack access to
technology.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15278.
FISCAL IMPACT
The impact to staff time is minimal. Also, adding a fee to account for this time could become a
barrier for program use and is not recommended.
ALTERNATIVES
1. Not approve the permanent voluntary party registration program. Direct staff to continue
with a pilot program and return with further review after an extended period .
2. Eliminate the voluntary party registration program.
Attachments:
a - Party Regisration Resolution
b - Reading File - Neighborhood Wellness/Community Civility Report
c - Party Registration Application
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Item 19
R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A VOLUNTARY PARTY
REGISTRATION PROGRAM
WHEREAS, the City of San Luis Obispo has made neighborhood wellness and quality of
life a priority; and
WHEREAS, recent neighborhood wellness initiatives have resulted in quieter
neighborhoods; and
WHEREAS, the Neighborhood Wellness/Community Civility Working Group Report
recommended the establishment of a party registration program; and
WHEREAS, the City Council directed staff to create a pilot program; and
WHEREAS, the pilot program has shown to be an effective tool for residents to use in the
neighborhoods and the Council now desires to permanently establish the program.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that hereby permanently approves the voluntary party registration program as described in the staff
report for the October 16, 2018 City Council meeting
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
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Item 19
Resolut ion No. _____ (2018 Series) Page 2
R ______
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 19
City of San Luis Obispo
Voluntary Party Registration Application
Applications are subject to review and approval. Failure to complete the
application in it’s entirety may disqualify the event from the registration program.
After review, an email confirmation will be sent stating the acceptance or denial
of the registration no less than 48 hours prior to the event.
REGISTRANT’S NAME: ___________________________________________________________
DOB: ____________________________________________ (must be at least 18 y/o)
PHONE NUMBER: ________________________________________________________________
EMAIL: ____________________________________________________________________________
ADDRESS OF EVENT: _____________________________________________________________
DATE OF PARTY: __________________________________________________________________
FRIDAY SATURDAY SUNDAY-PRECEDING HOLIDAY (CIRCLE ONE)
PARTY START TIME: ______________________________________________________________
I confirm that the information I have provided is accurate and I certify that I am a resident of
the address that I am registering.
_________________________________________________________ _________________________________
Signature Today’s Date
STAFF USE ONLY
Approved: YES / NO Reason for Denial __________________________________________________________________
Email Sent Date: _____________________________________ STAFF SIGNATURE ________________________________
The information on this party registration form is a public document that may be subject to
public disclosure pursuant to the California Public Records Act.
Packet Page 342
Item 19
Meeting Date: 10/16/2018
FROM: Michael Codron, Community Development Director
Prepared By: Rachel Cohen, Associate Planner
SUBJECT: CANNABIS OPERATOR PERMIT APPLICATION REQUIREMENTS ,
RANKING CRITERIA, AND ANNUAL APPLICATION SUBMITTAL
PERIOD
RECOMMENDATION
Adopt a resolution (Attachment A) approving the Cannabis Operator Permit Ranking Criteria
(Exhibit A) and the Annual Application Submittal Period.
DISCUSSION
Background
On May 15, 2018, the City Council adopted Ordinance 1647 (2018 Series) establishing overall
regulations fo r cannabis businesses in the City and identifying the zones where various business
types are allowed (see Attachment D). The regulations establish a two -step process that first
requires certification of eligible business operators, and then approval of a land use permit for the
specific site. The overall cannabis ordinance will not go into effect unless the residents of the
City approve a revenue measure on the November 2018 election ballot that provides for the
taxation of various cannabis business activit ies.
During the discussion regarding the adoption of new cannabis regulations for the City of San
Luis Obispo, staff discussed coming back to City Council with the application requirements and
the evaluation criteria that would be used to rank any proposed cannabis business, in particular,
storefront retailers.
Application Requirements
Applications for new cannabis business operator permits require a substantial amount of
information to be provided and reviewed by City staff. The City Council included t hese
requirements with its adoption of Ordinance 1647, which was consistent with public comment
from potential business operators and members of the public. At least initially, the City will also
be using a consultant to support this review as a strategy t o manage the workload and to benefit
from the consultant’s prior experience. As identified on the application form, the following plans
and informational items are required for a complete application. It should be noted that the
application form is consist ent with Ordinance 1647 and the application itself does not require
approval by the City Council - it is being provided for informational purposes and is subject to
modification depending on the needs of the program.
• Community Benefit: The applicant shall demonstrate to the satisfaction of the City of its
intent to local hiring and community support.
• Education Plan: A plan describing the type of cannabis education and abuse prevention
efforts that will be provided by the business to the community.
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Item 20
• Safety and Security Plan: A detailed safety and security plan outlining the measures that will
be taken to ensure the safety of persons and property on the business site. The safety and
security plan must be prepared by a qualified professional.
• Lighting Plan: A detailed lighting plan showing existing and proposed exterior and interior
lights that will provide adequate security lighting for the business site.
• Site Plan: A scaled site plan of the business site, including all buildings, structures,
driveways, park ing lots, landscape areas and boundaries. The site plan must be professionally
prepared by a licensed civil engineer or architect.
• Floor Plan: A scaled floor plan for each level of each building that makes up the business
site, including the entrances, exits, walls and cultivation areas, if applicable. The floor plan
must be professionally prepared by a licensed civil engineer or architect.
• Water Efficiency Plan: The applicant shall demonstrate to the satisfaction of the City that
sufficient water supply exists and that appropriate conservation measures for the use will be
implemented.
• Wastewater Plan: The applicant shall demonstrate to the satisfaction of the City that
wastewater is minimized through, but not limited to, water efficient processes, recircula tion,
and recycling.
• Air Quality Plan: When deemed necessary by the City staff for purposes of compliance with
CEQA or state cannabis regulations, the applicant shall provide a calculation of the
businesses anticipated emissions of air pollutants and green house gas. The applicant shall
also provide assurance that the business will comply with all Best Management Practices
established by the San Luis Obispo County Air Pollution Control District.
• Odor Control Plan: A detailed plan describing how the applicant will prevent all odors
generated from the cultivation, manufacturing and storage of cannabis from escaping from
the buildings on the business site, such that the odor cannot be detected by a reasonable
person of normal sensitivity outside the buildings.
• Hazardous Materials Plan: To the extent that the applicant intends to store or use any
hazardous materials in its operations, the applicant shall provide a hazardous materials
management plan that complies with all federal, state and local requirements for management
of such substances.
• Energy Efficiency Plan: Documentation that the applicant has identified the best way,
including carbon free power sources to provide reliable and efficient energy solutions for
their business.
• Business Operations Plan:
o Business Plan: A plan describing how the cannabis cultivation business will operate
in accordance with City code, state law, and other applicable regulations. The
business plan must include plans for handling cash and transporting cannabis and
cannabis product s to and from the cultivation site.
o Community Relations Plan: A plan describing who is designated as being responsible
for outreach and communication with the surrounding community, including the
neighborhood and businesses, and how the designee can be contacted.
o State Licenses: Copies of the state licenses relating to the commercial cannabis
business licenses, the applicant holds (when available).
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Item 20
o Tax Compliance: A current copy of the applicant’s City business operations tax
certificate, state sales tax seller’s permit, and the applicant’s most recent year’s
financial statement and tax returns (for first time applicants, the business operations
tax account will be set up in-house after the application has been submitted).
o Insurance: The applicant’s certificate of commercial general liability insurance and
endorsements and certificates of all other insurance related to the operation of the
cultivation business.
o Budget: A copy of the applicant’s most recent annual budget for operations (if
available)
o Financial Capacity: Financial information such as bank balances, available loans and
other sources of funding for the enterprise.
o Price List: A list of the most recent or expected prices for all products and services
provided by the applicant.
Ranking Criteria
With the above information in hand, the team reviewing applications will be able to rank
applications based on specific criteria, which have points assigned based on how those criteria
should be valued. Staff is proposing that these criteria be adopted by the City Council via a
resolutio n, and that the Council authorizes the City Manager to modify the criteria in the future
as may be needed to facilitate implementation of the program. The City Council should discuss
both the criteria and the points availa ble under each category to ensure that the system
appropriately reflects community values and interests.
The following is an overview of the criteria proposed for evaluat ion of commercial cannabis
business operator permits. Exhibit A includes more detail for each of the line items summarized
below.
1.0 Community Benefit (Up to 20 points)
1.1 Local hiring and sourcing practices (Up to 10 points)
1.2 Continued support of approved community programs in San Luis Obispo (i.e. park
cleanups, facility improvements, donating supplies/equipment to youth programs (Up
to 10 Points)
2.0 Record of Compliance (Up to 20 points)
3.0 Local experience (Up to 10 points)
4.0 Equity and Labor Criteria (Up to 30 points)
5.0 Responsible Use Messaging (Up to 10 points)
6.0 Medical Retail Commitment (Up to 10 points)
7.0 Control of Business Location (Up to 10 points)
8.0 Sustainable and Environmental Practices (Up to 20 points)
9.0 Beneficial Uses (Up to 20 points)
10.0 Land Development (Up to 10 points)
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Item 20
Applying the Two-Step Process
The application process to become a certifie d cannabis business operator is the first of two steps
that a potential business must complete before it can begin operations. This agenda report and the
resolution recommended for approval pertain to the first step. Ordinance 1647, approved by the
City Co uncil in May 2018, includes all of the standards and requirements that pertain to the
second step of obtaining land use approval.
According to Section 9.10.070.B of the City’s Municipal Code (Ordinance 1647), the City
Council will establish an application period for operator permits by resolution. The
recommended resolution included as Exhibit A establishes the first application period to coincide
with the first three weeks of 2019 (January 1 through close of business on January 22, 2019).
Following this initial application period, staff is recommending that the City Council delegate its
authority to the City Manager to open up new application periods on an as needed basis to
include July 1 through July 31 of each calendar year.
Issuance of Cannabis Business Operator Permits
City staff will issue cannabis business operator permits to the top three applicants for storefront
retail sales. Operator permits for cultivators are also limited to no more than 10,000 square feet
of canopy each, and 70,000 square feet cumulatively. As a result, operator permits will not be
issued for more than 70,000 square feet of canopy in total. Operator permits will be issued to all
other cannabis business types that meet minimum scoring criteria as noted in Exhibit A.
CONCURRENCES
The proposed Cannabis Operator Permit Application Requirements and Ranking Criteria has
been reviewed by staff within the Planning Division, Police Department, Fire Department,
Utilities Department, Administration and the City Attorney’s Office . Staff comments provided
during review of the proposed project are incorporated into the application requirements and
ranking criteria (Exhibit A) outlined in the resolution.
ENVIRONMENTAL REVIEW
Business and Professions Code section 26055, subdivision (h), as amended by SB 94 (otherwise
known as the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)),
provides that the California Environmental Quality Act (“CEQA”) does not apply to the adoption
of an ordinance, rule, or regulation by a local jur isdiction that requires discretionary review and
approval of permits, licenses, or other authorizations to engage in commercial cannabis activity,
so long as the discretionary review includes any applicable environmental review pursuant to
CEQA. Future app lications for commercial cannabis business activities in the City will be
subject to CEQA, per the normal environmental review process.
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Item 20
FISCAL IMPACT
As legal cannabis sales and production is an emerging industry, staff has worked with two
different consultants, HdL and MuniServices, to develop an estimated amount of revenue to
expect from a cannabis business tax. Optimistically, cannabis business activities would begin at
the earliest in February or March 2019. However, it is expected to take some time for the City to
establish its permitting and regulatory protocols, and for businesses to find appropriate properties
and obtain the necessary permits to operate. As a result, tax revenues from Cannabis are
anticipated to increase through the next several years as businesses mature. The annual projected
revenue from cannabis related businesses is expected to increase over the next several years to an
estimate of $1,500,000. Cannabis business tax revenue estimates have been included in the
City’s Fiscal Health Response Plan presented to Council on April 17, 2018. The plan includes an
estimate of $100,000 in FY 2018-2019 in cannabis tax revenue. According to City budget
policies for cost recovery, these activities will also include fees that will be based on 1 00% cost
recovery. In November, City staff will return to the City Council with a proposed fee schedule to
accomplish this.
ALTERNATIVES
1. Modify the Proposed Resolution. The City Council is free to make modifications to the
Cannabis Operator Permit Application Requirements and Ranking Criteria. The Council has
the ability to make modifications during the meeting.
2. Continue Consideration of the Resolution to a Future Date. The City Council could direct
staff to conduct additional research or outreach on mo re or more components of the
recommended resolution. If this alternative is taken, the Council should provide direction to
staff regarding additional information needed to move forward.
Attachments:
a - Draft Resolution
b - Exhibit A - Ranking Criteria
c - Application Requirements
d - O-1647 Zoning Amendments for Cannabis Business and Personal Cultivation
Packet Page 347
Item 20
R ______
RESOLUTION NO. _____ (2018 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING CANNABIS OPERATOR PERMIT
RANKING CRITERIA AND THE ANNUAL APPLICATION SUBMITTAL
PERIOD (CODE-1058-2017)
WHEREAS, in 2017, the California legislature passed, and Governor Brown signed
Senate Bill 94, which enacted the Medicinal and Adult -Use Cannabis Regulation and Safety Act
(“MAUCRSA”), repealed the Medical Cannabis Regulation and Safety Act (“MCRSA”) but
incorporated certain provisions of MCRSA into the licensing provisions established by Proposition
64; 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 May 15,
2018 and adopted Ordinance 1647 that amended Title 17 (Zoning Regulations) of the Municipal
Code to establish land use regulations for the operation of commercial cannabis businesses, and
repealed and replaced Title 9, Public Peace, Morals and Welfare (Chapter 9.10.) of the Municipal
Code related to cannabis regulation; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
on October 16, 2018 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of establishing the Cannabis Operator Permit Ranking Criteria (Exhibit
A); and
WHEREAS, the City Council of the City of San Luis Obispo conduct ed a public hearing
on October 16, 2018 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, for the purpose of establishing the annual application submittal period.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings.
1. The proposed Cannabis Operator Permit Ranking Criteria (Exhibit A) establishes the
ranking criteria for individuals who apply for a Cannabis Operator Permit to operate a
cannabis business activity in the City consistent with Municipal Code Chapter 9.10,
Section 9.10.070 (A).
2. The proposed timeframe in which applications are submitted annually is consistent with
Municipal Code Chapter 9.10, Section 9.10.070 (B).
SECTION 2. Environmental Review. The project is exempt from environmental review
per the Business and Professions Code (Section 26055(h)) because the project includes the
adoption of ordinances, rules, or regulations for the purpose of regulating cannabis business
activity in the City. The City’s cannabis business regulations require discretionary review and
approval of permits, licenses, or other authorizations to engage in commercial cannabis activity.
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Resolution No. _____ (2018 Series) Page 2
R ______
Future applications for commercial cannabis business activities in the City will be subject t o
CEQA, per the normal environmental review process.
SECTION 3. Action. The City Council hereby approves Cannabis Operator Permit
Ranking Criteria (Exhibit A) and annual application submittal timeframe subject to the following
conditions:
1. All Cannabis Businesses shall be evaluated by the Cannabis Operator Permit Ranking
Criteria at outlined in Exhibit A.
2. The first annual application submittal period shall coincide with the first three weeks
of 2019 (January 1 through close of business on January 22, 2019). Following this
initial application period, the City Council delegates its authority to the City Manager
to open up new application periods on an as needed basis to include July 1 through July
31 of each calendar year.
3. The City Manager is authorized to make minor modifications to this evaluation criteria
to ensure that the application process is implemented in a manner that is consistent with
the intent of Ordinance 1647. Any future changes to the criteria outlined in Exhibit A
will be published at least 10 days in advance of the application period opening.
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:
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Resolution No. _____ (2018 Series) Page 3
R ______
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
____________________________________
Teresa Purrington
City Clerk
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Item 20
City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
REVIEWER’S INSTRUCTIONS
1. Applicant will provide an electronic copy of the complete proposal
2. City will compile any additional information related to the applicant for consideration
3. Discussion between the reviewers during the evaluation will be limited to clarification to ensure an
equal understanding of the application.
4. Questions can also be directed to the consultant.
5. Each reviewer will complete a score sheet for each proposal.
6. Each completed score sheet will be given to the consultant.
7. The consultant will review all three score sheets for each proposal.
8. If there is a scoring deviation between reviewers on any scoring criteria of more than 30% the
consultant will discuss this specific score with the reviewers.
9. An adjusted score must be agreed upon by the reviewer and the consultant.
10. Once all criteria scores are reviewed and agreed upon, the total aggregate score for all three reviewers
will be totaled then divided by three to obtain the final score.
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City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
Cannabis Merit-Based Criteria and Possible Points
All applications for a Cannabis Commercial Business Operators Permit will be evaluated using the
merit criteria outlined below. Retail cannabis business applicants will be evaluated based on the
General Merit Criteria. Manufacturing, cultivation and other cannabis businesses will be evaluated
on the General Merit Criteria plus Supplement Merit Criteria. Applicants may provide supplemental
documentation or references with the application to support statements or information in the
application.
MINIMUM SCORING CRITERIA
Applicants must receive a minimum score of 70% of all available points in order to be issued a
Cannabis Operator’s permit.
AUTOMATIC FAIL CRITERIA
• Application received late
• Application incomplete
• Facility does not meet City business licensing standards
GENERAL M ERIT CRITERIA
1.0 Community Benefit
Applicant demonstrates a commitment to City through local hiring and community support. Select all that
apply within each category and total score. (Up to 20 Points – Deviation Threshold 6 Points)
1.1 Local hiring and sourcing practices (Up to 10 Points)
Over 90% of employees will be San Luis Obispo County resident 5 Points
Over 60% of employees will be San Luis Obispo County resident 2 Points
Over 80% of supplies and equipment will be sourced from local businesses 5 Points
Over 50% of supplies and equipment will be sourced from local businesses 2 Points
1.2 Continued support of approved community programs in San Luis Obispo (i.e. park cleanups, facility
improvements, donating supplies/equipment to youth programs (Up to 10 Points)
Providing over 20 hours per month of approved community support 5 Points
Provide 10-20 hours per month of approved community support 2 Points
Provide over $2,000 per month for approved community support 5 Points
Provide up to $500 per month for approved community support 2 Points
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City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
2.0 Record of compliant current or previous business operations
Applicant has previous record of operating a compliant commercial cannabis and/or other commercial
business. A compliant business operation does not have a documented history of local or state level
violations relating, but not limited to: business code, public safety, environmental impacts, employment,
and financial payments. (Up to 20 Points – Deviation Threshold 6 Points)
Applicant has operated a compliant previous commercial cannabis business for
5 or more years 20 Points
Applicant has operated any compliant commercial business for 5 or more years 15 Points
Applicant has operated a compliant commercial cannabis business for
less than 5 years 10 Points
Applicant has operated any compliant commercial business for less than 5 years 5 Points
Applicant has operated any non-compliant commercial cannabis business
and/or other commercial business (Reviewer discretion on severity of
non-compliance) 0 - 5 Points
3.0 Local Experience
San Luis Obispo is a unique business market. Medical cannabis businesses have been operating in San Luis
Obispo County for over 20 years under Proposition 215. The City encourages applicants to utilize the local
knowledge of current and previous cannabis and non-cannabis businesses operators. Majority of
applicant's primary principals reside in the County of San Luis Obispo and the person(s) has been residing
at a primary residence within San Luis Obispo County immediately preceding the date of the application.
A primary principal is defined as an owner with at least a 10% ownership share, officer or director. Select
all that apply and total points (Up to 10 Points – Deviation Threshold 3 Points).
Majority of primary principals have resided in San Luis Obispo County for 5 or more years 5 Points
Majority of primary principals have resided in San Luis Obispo County for less than 5 years 2 Points
Majority of primary principals have operated a business in San Luis Obispo County for
5 or more years 5 Points
Majority of primary principals have operated a business in San Luis Obispo County for
less than 5 years 2 Points
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City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
4.0 Equity and Labor Criteria
Applicant commits to equity ownership and competitive compensation in comparison to other mainstream
commercial businesses. Applicants commitment will be reevaluated during annual permit renewal
process. Select all that apply and total score. (Up to 30 Points – Deviation Threshold 9 Points)
Applicant includes 3 or more primary principals who historically have earned 80%
or less of the median local income 10 Points
Applicant includes 1 or 2 primary principals who historically have earned
80% or less of the median local income 5 Points
Business will have an average pay rate for entry and mid-level positions of at least 40%
more than the median local income for similar positions in other mainstream businesses 10 Points
Business will have an average pay rate for entry and mid-level positions of at least 20%
more than the median local income for similar positions in other mainstream businesses 5 Points
Base wages of employees exceed the minimum wage by a least $ 3.00. 5 Points
Business will allow collective bargaining at 10 or more employees 5 Points
5.0 Responsible Use Messaging
Applicant commits to responsible use messaging practices. Select all that apply and total score. (Up to 10
Points – Deviation Threshold 3 Points)
Business articulates a coherent strategy to keep adult-use cannabis products out
of the hands of consumers under the age of 21 2 Points
Business plans to use “responsible use” language on packaging and messaging 2 Points
Business plans to offer and promote lower THC dose, higher CBD dose
product options 2 Points
Business plans to only advertise in mediums (Radio, print, web) with audience
of 30% or fewer under 18 years of age. 2 Points
Business plans to post notice of availability of local cannabis use disorder
treatment hotline in visible location in shop 1 Points
Business plans to offer “user determined quota” program where customers
can declare planned THC mg consumption for the coming months 1 Points
6.0 Medical Retail Commitment
Applicant commits to provide retail medical cannabis products to consumers. 10 Points
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City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
7.0 Control of business location
Applicant demonstrates control of a site to ensure a successful and timely transition from being awarded
a license to opening the business. Incomplete purchase or lease agreements do not constitute site control.
(Up to 10 Points – Deviation Threshold 3 Points)
Majority ownership in site property 10 Points
Minority ownership in site property 8 Points
10+ Years future lease of site property 8 Points
5-10 Years future lease of site property 5 Points
2-5 Years future lease of site property 3 Points
Less than 2 years future lease of site property 1 Point
No ownership or future lease in place for site property 0 Points
TOTAL GENERAL MERIT CRITERIA AVAILABLE POINTS = 110
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Item 20
City of San Luis Obispo
Commercial Cannabis Business Operator Permit
Evaluation Criteria
SUPPLEMENTAL MANUFACTURING, CULTIVATION AND OTHER COMMERCIAL CANNABIS BUSINESS
CRITERIA
8.0 Sustainable and Environmental
Applicant demonstrates past experience in and /or commits to sustainable and environmental business or
building practices utilizing recognized industry standards. Applicants actions will be reevaluated during
annual permit renewal process. Select all that apply and total score (Up to 20 Points – Deviation Threshold
6 Points)
Business will recycle waste water (utilize purple pipe when available) 5 Points
Applicant will utilize certified organic practices 3 Points
Business will utilize carbon free power sources for majority of power 1 -5 Points
Business will utilize energy efficient lighting 1 -4 Points
Business will utilize efficiencies to reduce water use 1 -3 Points
9.0 Beneficial Uses
Applicant demonstrates an intent to devote significant resources to pursue or evaluate cannabis products
with a focus on pharmaceutical benefits and limited psychoactive properties. S elect all that apply and total
score (Up to 20 Points – Deviation Threshold 6 Points)
Applicant will devote more than 80 % of its operations to products with beneficial uses 10 Points
Applicant will devote more than 50% of its operations to products with beneficial uses 5 Points
Applicant will devote more than 30% of its operations to products with beneficial uses 3 Points
Applicant will devote more than 80 % of its operations to research and development
of products with beneficial uses 10 Points
Applicant will devote more than 50% of its operations to research and development
of products with beneficial uses 5 Points
Applicant will devote more than 50% of its operations to research and development
of products with beneficial uses. 3 Points
10.0 Land Development
Applicant commits to develop raw land for commercial cannabis business facility 10 Points
SUPPLEMENTAL MERIT CRITERIAL TOTAL AVAILABLE POINTS = 50
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CITY OF SAN LUIS OBISPO
(Receiving Department)
(Address of Receiving Department)
(Phone Number)
Commercial Cannabis Business Operators Permit Application
A. Business Information
Business Name:
Property Address:
Assessor Parcel Number:
Zoning Designation:
B. Business Type (Check all that apply)
Cultivation - Specialty (Up to 5,000
Sq. Ft. Max)
Cultivation - Small (5,001 - 10,000
Sq. Ft. Max)
Cultivation – Nursery (Up to 10,000
Sq. Ft. Max)
Manufacture (Non-volatile Raw
Product Extraction)
Manufacture (Cannabis Infusion)
Manufacture (Itinerant – No
permanent facility)
Manufacturer (Research and
Development)
Distributor
Testing Laboratory
Retailer Storefront (Adult-use)
Retailer Storefront (Medical)
Retailer Storefront (Adult-use and
Medical)
Retailer Non-storefront (Adult-use)
Retail Non-Storefront (Medical)
Retail Non-storefront (Adult-use and
Medical
Transporter
Microbusiness (No more than 50%
GR from cultivation, distribution and
manufacturing)
Microbusiness (More than 50% GR
from cultivation, distribution and
manufacturing)
C. Applicant Information
Name of Primary Responsible Party Completing the Application:
Title:
DOB:
Social Security No:
If applicant is a not for profit, corporation, partnership or other business entity, please identify:
Name of Business Entity:
Type of Ownership:
Federal Tax Id:
Start Date:
Mailing Address:
Primary Phone No:
Alt. Phone No:
Email Address:
Preferred method of contact (check one) Mail Phone Email
*Primary Principal, are all persons with at least 10%interest in the cannabis business, which includes partners, officers, directors, and
stockholders of every corporation, limited liability company, or general limited partnership that owns at least 10% of the stock, capital, profits,
voting rights, or membership interest of the commercial cannabis business or that is one of the partners in the commercial cannabis business;
the managers of the commercial cannabis business.
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D. Additional Responsible Party Information
Name:
Title:
DOB:
Social Security No:
Mailing Address:
Primary Phone No:
Alt. Phone No:
Email Address:
Preferred method of contact (check one) Mail Phone Email
Please attach additional sheets if there are more than 2 Responsible Parties.
E. Information on Property Owner or Landlord
Name:
Mailing Address:
Primary Phone No:
Alt. Phone No:
Email Address:
Preferred method of contact (check one) Mail Phone Email
If the applicant is not the legal owner of the property, the application must be accompanied by a notarized Owner’s Statement
of Consent to operate a commercial cannabis business on the property.
F. Related License Information
The applicant and/or responsible parties has been associated with a commercial cannabis business permit in the past 10 years.
Yes No (If yes, please provide the following information)
Name:
City or County:
Start Date: End Date:
Business Name:
Business Type:
Please attach additional sheets if necessary.
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Required Submissions (Please check the box for each attachment)
Please attach the following documents to your application:
Community Benefit: The applicant shall demonstrate to the satisfaction of the City of its intent to local hiring and
community support.
Education Plan: A plan describing the type of cannabis education and prevention efforts that will be provided by the
business to the community.
Safety and Security Plan: A detailed safety and security plan outlining the measures that will be taken to ensure the
safety of persons and property on the business site. The safety and security plan must be prepared by a qualified
professional.
Lighting Plan: A detailed lighting plan showing existing and proposed exterior and interior lights that will provide adequate
security lighting for the business site.
Site Plan: A scaled site plan of the business site, including all buildings, structures, driveways, parking lots, landscape areas
and boundaries. The site plan must be professionally prepared by a licensed civil engineer or architect.
Floor Plan: A scaled floor plan for each level of each building that makes up the business site, including the entrances,
exits, walls and cultivation areas, if applicable. The floor plan must be professionally prepared by a licensed civil engineer or
architect.
Water Efficiency Plan: The applicant shall demonstrate to the satisfaction of the City that sufficient water supply exists for
the use.
Wastewater Plan: The applicant shall demonstrate to the satisfaction of the City that wastewater is minimized through, but
not limited to, water efficient processes, recirculation, and recycling.
Air Quality Plan: When deemed necessary by the City staff for purposes of compliance with CEQA or state cannabis
regulations, the applicant shall provide a calculation of the businesses anticipated emissions of air pollutants and greenhouse
gas. The applicant shall also provide assurance that the business will comply with all Best Management Practices established
by the San Luis Obispo County Air Pollution Control District.
Odor Control Plan: A detailed plan describing how the applicant will prevent all odors generated from the cultivation,
manufacturing and storage of cannabis from escaping from the buildings on the business site, such that the odor cannot be
detected by a reasonable person of normal sensitivity outside the buildings.
Hazardous Materials Plan: To the extent that the applicant intends to use any hazardous materials in its operations, the
applicant shall provide a hazardous materials management plan that complies with all federal, state and local requirements
for management of such substances.
Energy Efficiency Plan: Documentation that the applicant has identified the best way, including carbon free power sources
to provide reliable and efficient energy solutions for their business.
Business Operations Plan
• Business Plan: A plan describing how the cannabis cultivation business will operate in accordance with City code, state
law, and other applicable regulations. The business plan must include plans for handling cash and transporting cannabis
and cannabis products to and from the cultivation site.
• Community Relations Plan: A plan describing who is designated as being responsible for outreach and communication
with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted.
• State Licenses: Copies of the state licenses relating to the commercial cannabis business licenses, the applicant holds
(when available).
• Tax Compliance: A current copy of the applicant’s city business operations tax certificate, state sales tax seller’s permit,
and the applicant’s most recent year’s financial statement and tax returns (for first time applicants, the business operations
tax account will be set up in-house after the application has been submitted).
• Insurance: The applicant’s certificate of commercial general liability insurance and endorsements and certificates of all
other insurance related to the operation of the cultivation business.
• Budget: A copy of the applicant’s most recent annual budget for operations (If available)
• Financial Capacity: Financial information such as bank balances, available loans and other sources of funding the
enterprise.
• Price List: A list of the most recent or expected prices for all products and services provided by the applicant.
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G. City Authorization
I, the applicant, provide authorization and consent for the City Manager or his/her designee to seek verification
of the information contained on this application.
H. Indemnification
I, the applicant, agree to the fullest extent permitted by law, any actions taken by a public officer or employee
under the City of San Luis Obispo regulations for Commercial Cannabis Businesses, shall not become a personal
liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittee shall
defend (with counsel acceptable to the City), indemnify and hold harmless the City of San Luis Obispo, the San Luis
Obispo City Council, and its respective officials, officers, employees, representatives, agents and volunteers from
any liability, damages, actions, claims, demands, litigations, loss (direct or indirect), causes of action, proceedings,
or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time,
expenses or costs) against the City to attach, set aside, void or annul, any cannabis-related approvals and actions
and strictly comply with the conditions under which such permit is granted, in any. The City may elect, in its sole
discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable
legal costs and attorneys’ fees.
I. Nonrefundable Filing Fee
I, the applicant, understand and accept that the nonrefundable filling fee of $(XXX) must be submitted with the
competed Commercial Cannabis Business Operators Permit Application and will be retained by the city regardless of
the out-come of the application review.
Background – Request for Live Scan Services
I, the applicant, understand that a completed and processed Request for Live Scan Service, State of California
Form BCIA 8016, as determined by the City of San Luis Obispo, by a duly authorized business must be provided for
the applicant and all interested parties. All applicable fees and charges are the responsibility of the applicants and
interested parties.
J. Applicant’s Certification
I agree to abide by and conform to the conditions of the permit and all provisions of the San Luis Obispo Municipal Code
pertaining to the establishment and operation of the commercial cannabis business. I acknowledge that the approval of the
Commercial Cannabis Business Operators Permit shall, in no way, permit any activity contrary to the San Luis Obispo Municipal
Code, or any activity which is in violation of any applicable law.
I certify under penalty of perjury under the laws of the State of California, that I have personal knowledge of the information
contained in this application, and that the information contained herein is true and correct.
Signature:
Date:
The information contained on this document is subject to disclosure under the Public Records Act.
Applicants providing false or misleading information in the permitting process will result in rejection of the application an d/or
nullification or revocation of any issued permit. All commercial cannabis permits must be approved by the City Council. The City
may attach conditions to the permit. A commercial cannabis permit may be denied if any of the following findings are made:
(i) The application does not meet all requirements of the commercial cannabis ordinance; or
(ii) Approval would very likely result in harm to public safety, health, or welfare; or
(iii) Potential negative impacts of the use cannot be mitigated with conditions or through the ordinance requirements.
Applicants will be notified regarding application completeness
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COMMERCIAL CANNABIS BUSINESS OPERATORS PERMIT APPLICATION
OWNER’S STATEMENT OF CONSENT
If the applicant is not the owner of record of the subject site, the following Statement of Consent
must be completed by the owner or the owner’s authorized representative, granting the applicant
permission to apply for a cannabis cultivation business permit. This form must be notarized.
To: City of San Luis Obispo
(Department)
(Address)
San Luis Obispo, CA 93401
I, the undersigned legal owner of record, hereby grant permission to:
Applicant: ___________________________________ Phone:___________________________
Mailing Address: ________________________________________________________________
To operate a commercial cannabis business on the property described below. I agree to abide
by and conform to the conditions of the permit and all provisions of the San Luis Obispo
Municipal Code pertaining to the establishment and operation of the commercial cannabis
business. I acknowledge that the approval of the Commercial Cannabis Business Operator
Permit shall, in no way, permit any activity contrary to the San Luis Obispo Municipal Code, or
any activity which is in violation of any applicable law.
The subject property is located at: _________________________________________________
Assessor’s Parcel Number: ________________________________________________________
Printed Name of Owner of Record: _________________________________________________
Address of Owner of Record: ______________________________________________________
Phone: __________________________Email address: _________________________________
Signature of Owner of Record: _______________________________Date: ________________
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